GCO: Atlanta plans to announce the arresting of any carry within the law tomorrow

[mulle46]

Sgt D, I agree with both of your points. A couple of other things struck me about the CNN video though. 1.Why would a person with a CCW not have the permit on them if they are carrying? 2. If the person is carrying concealed, how would the police know to even approach that person? 3. If the police do find someone who is legally CCW but somehow forgot their permit, why would they arrest and or seize their weapon? I understand detaining the person until their CCW status is confirmed, but arrest and seizure? OMO

[DefensiveCarry.com]

[DaveH]

See: Airport gun showdown moves to courts | ajc.com

UPDATED: 5:51 p.m. July 01, 2008

Airport gun showdown moves to courts

Lawmaker won't bring weapon today; will rely on court case to challenge ban

By JIM THARPE
The Atlanta Journal-Constitution

Published on: 07/01/08

Guns were the issue. But words and federal lawsuits became the weapons of choice Tuesday as Atlanta officials declared Hartsfield-Jackson International Airport a "gun-free zone," and gun advocates immediately retaliated by suing them.

<SNIP>

[braindonor]

Always carry, never tell, and oh yeah carry the permit too. That video was a waste of time, except the reaction of the black woman who was interviewed. That is not an illogical reaction from a sheep. So.......NEVER TELL, ALWAYS CARRY, no problem.

[P7fanatic]

Lawmaker won't bring weapon today; will rely on court case to challenge ban

I thought it would have been cool if the Rep. had gone to the airport carrying while being escorted/flanked by the local Sheriff and a State LEO. Then you could have had the Sheriff and the State LEO arrest the airport cop if he had violated state law by arresting the Representative lawmaker.


Showdown

[cop2b]

I am planning a trip later today to Atlanta and I have a TN permit. Anything I need to know before I unknowingly break the law? I know TN has reciprocity agreement with GA and Alabama so I'm good there.

[packinnova]

I'm still trying to figure out all this lawsuit nonsense we always have to go through. What happens if we break the law? We get nice shiny bracelets and sent to jail right? Instead of just filing lawsuits:

1. Find yourself a law abiding LEO.
2. Go with LEO to the place where the Dingbats threatened to violate law.
3. Exercise your rights.
4. Have the Mayor arrested for violating the law.

Enough of this lawsuit crap.
No one is above the law. That includes Mayors that violate it. Arrest the buggers.

[whyipackmy45]

NEVER TELL, ALWAYS CARRY, no problem.

If you end up needing your gun, the law will be irrelevant.

tried by 12 > carried by 6

[Moga]

In case anyone was wondering, the lawsuit filed yesterday by Tim Bearden and GeorgiaCarry.Org is in Federal court and it is a section 1983 action.

This is from the introduction of the actual complaint.

This action, under 42 U.S.C. § 1983, seeks a declaratory judgment that the threatened detention, search, arrest and prosecution by Defendants of people carrying firearms within the Hartsfield-Jackson Atlanta International Airport (“Airport”) violates the Fourth Amendment to the Constitution of the United States, the Militia Clause of the Constitution of the United States, the Second Amendment to the Constitution of the United States, and the Fourteenth Amendment to the Constitution of the United States, together with an appropriate injunction. Plaintiffs bring related state law claims that form the same controversy.

I've heard from some that were present when when the subpoenas were served that Ben DeCosta accepted his without a problem but Mayor Franklin, predictably, refused to accept her paperwork and walked away angrily. This was right after they'd convened a press conference at the airport announcing their intentions to arrest anyone carrying a gun in the non-sterile parts of the facility.

Here are the relevant sections from GA Code that both the plaintiff and defendants point to to support their respective positions.

Section 4 of HB89 revises 16-11-127(e) to read:

(e) A person licensed or permitted to carry a firearm by this part shall be permitted to carry such firearm, subject to the limitations of this part, in all parks, historic sites, and recreational areas, including all publicly owned buildings located in such parks, historic sites, and recreational areas and in wildlife management areas, notwithstanding Code Section 12-3-10, in wildlife management areas notwithstanding Code Section 27-3-1.1 and 27-3-6, and in public transportation notwithstanding Code Sections 16-12-122 through 16-12-127; provided, however, that a person shall not carry a firearm into a place prohibited by federal law.

Section 9 of HB89 states:

All laws and parts of laws in conflict with this Act are repealed.

Understand that publicly owned buildings are still off limits to GFL holders, except those places specifically mentioned by name in HB89 as exempt. This includes airports in the category of public transportation.

The Mayor's contention is that the Airport is a public building, and as such, is on the list of prohibited places for firearm holders to possess their weapons. Act 9 removes the conflict between the still-existent public buildings prohibition and what is stated in act 4. I think her counselors haven't formed a solid understanding of how all the pieces fit together to exempt all but the sterile parts of the airport from the PG clause.

Last but not least, let us not forget that Rep. Bearden is the author of HB89. I think he is the authority to whom a casual observer should defer when debating the legislative intent of the bill.

Reference: http://www.legis.state.ga.us/legis/2...ltext/hb89.htm

[mzmtg]

The complaint has been posted on the GCO Web Site

[rmodel65]

I am planning a trip later today to Atlanta and I have a TN permit. Anything I need to know before I unknowingly break the law? I know TN has reciprocity agreement with GA and Alabama so I'm good there.

here you go Welcome to GeorgiaPacking.org it has the updated law along with case law and attorney general decision all of the statutes are available in plain english and legalese

[lhuff]

1.Why would a person with a CCW not have the permit on them if they are carrying?

3. If the police do find someone who is legally CCW but somehow forgot their permit, why would they arrest and or seize their weapon?

A couple of things to remember are L
To your point 1 - Georgia doesn't have a CCW permit. We have a Georgia Firearms License with which we may carry concealed or open. We must have the license on us to carry either way, but we are not constrained to concealed carry.

and

to your point 3 (INAL but...) - Unless the police have “specific and articulable facts” (Terry vs. Ohio) to "stop and frisk" you, they should have no way to know that your are carrying concealed. Remember the five magic words "am I free to go?".

[MattH]

If you watch the other video with the Atlanta police chief you quickly see that he is ignorant as well. I just don't get LEOs who are anti gun - he actually said that if you find yourself in danger, call the police and they will come protect you! I'm glad I wasn't drinking my Mtn Dew at the time!!!

[mulle46]

A couple of things to remember are L
To your point 1 - Georgia doesn't have a CCW permit. We have a Georgia Firearms License with which we may carry concealed or open. We must have the license on us to carry either way, but we are not constrained to concealed carry.

and

to your point 3 (INAL but...) - Unless the police have “specific and articulable facts” (Terry vs. Ohio) to "stop and frisk" you, they should have no way to know that your are carrying concealed. Remember the five magic words "am I free to go?".

Thanks for the clarification about Georgia law. In regards to my point 3 in my original post, if the police approach you because you printed or are OC, they would have reason for a investigatory stop, Terry frisk. My point was why would they arrest and or seize the weapon if they can verify the legal status of someone who forgot to have their firearms license on them?

[rmodel65]

Thanks for the clarification about Georgia law. In regards to my point 3 in my original post, if the police approach you because you printed or are OC, they would have reason for a investigatory stop, Terry frisk. My point was why would they arrest and or seize the weapon if they can verify the legal status of someone who forgot to have their firearms license on them?

no they dont check this link that georgiacarry sent addressing my harassment

Letter to Glynn County requesting action



excerpt from the end citing case law :

On the issue of whether a firearm, by itself, justifies detaining and investigating a person, there
are many federal cases addressing the issue. United States v. Ubiles, 224 F.3d 213 (3d Cir.
2000) declares that possession of a firearm in public, with no other circumstances present, does
not justify a stop. "For all the officers knew, even assuming the reliability of the tip that Ubiles
possessed a gun, Ubiles was . . . lawfully exercising his right . . . to possess a gun in public." See
also United States v. Dudley, 854 F. Supp. 570 (S.D.Ind. 1994), in which the court declared that
a report of persons with guns did not justify an investigative stop. "In short, the Government
failed to establish . . . that some reasonable suspicion of criminal activity, based on articulable
facts, justified this seizure. And, if the stop itself is unlawful, neither Terry nor Michigan v.
Long authorize the police to search the suspects or the suspect's vehicle for weapons, even if the
officers reasonably fear for their safety."

Likewise, the U.S. Supreme Court in Florida v. J.L., 529 U.S. 266 (2000), declared that there is
no "gun exception" to the Fourth Amendment.

GeorgiaCarry.Org asks that your officers stop harassing law abiding Georgians with unlawful
detention. Absent reasonable suspicion of a crime, the person stopped is under no obligation to
cooperate with an unlawful detention. Since so many of your officers are being trained to detain
all persons in possession of a firearm, even in the absence of any suspicion of illegality, then the
results of this Glynn County policy could be disastrous.

Please put a stop to this conduct at once. We look forward to hearing from you in writing
regarding how you intend to address the conduct of your officers and department supervisors in
Glynn County.

[rmodel65]

motoion for Preliminary Injunction / Temporary Restraining Order click to read