GCO: Atlanta plans to announce the arresting of any carry within the law tomorrow - Page 3

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

This is a discussion on GCO: Atlanta plans to announce the arresting of any carry within the law tomorrow within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; 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 ...

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

  1. #31
    Senior Member Array mulle46's Avatar
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    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
    You gain strength, courage, and confidence by every experience in which you really stop to look fear in the face. You are able to say to yourself, "I have lived through this horror. I can take the next thing that comes along." . . . You must do the thing you think you cannot do. Eleanor Roosevelt


  2. #32
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    Update

    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>
    Μολὼν λαβέ

    I'm just one root in a grassroots organization. No one should assume that I speak for the VCDL.

    I am neither an attorney-at-law nor I do play one on television or on the internet. No one should assumes my opinion is legal advice.

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  3. #33
    Member Array braindonor's Avatar
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    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.

  4. #34
    Distinguished Member Array P7fanatic's Avatar
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    Cool

    Quote Originally Posted by DaveH View Post
    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.


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  5. #35
    Member Array cop2b's Avatar
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    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.

  6. #36
    VIP Member Array packinnova's Avatar
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    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.
    "My God David, We're a Civilized society."

    "Sure, As long as the machines are workin' and you can call 911. But you take those things away, you throw people in the dark, and you scare the crap out of them; no more rules...You'll see how primitive they can get."
    -The Mist (2007)

  7. #37
    Member Array whyipackmy45's Avatar
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    Quote Originally Posted by braindonor View Post
    NEVER TELL, ALWAYS CARRY, no problem.
    If you end up needing your gun, the law will be irrelevant.

    tried by 12 > carried by 6
    That's right, this sweet baby was made in Grand Rapids, Michigan. Retails for about a hundred and nine, ninety five. It's got a walnut stock, cobalt blue steel, and a hair trigger. That's right. Shop smart. Shop S-Mart. You got that?

    http://www.nevadashooters.com

  8. #38
    Senior Member Array Moga's Avatar
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    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
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  9. #39
    Senior Member Array mzmtg's Avatar
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    The complaint has been posted on the GCO Web Site

  10. #40
    Senior Member Array rmodel65's Avatar
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    Quote Originally Posted by cop2b View Post
    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

  11. #41
    New Member Array lhuff's Avatar
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    Quote Originally Posted by mulle46 View Post
    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?".

  12. #42
    Member Array MattH's Avatar
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    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!!!

  13. #43
    Senior Member Array mulle46's Avatar
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    Quote Originally Posted by lhuff View Post
    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?
    You gain strength, courage, and confidence by every experience in which you really stop to look fear in the face. You are able to say to yourself, "I have lived through this horror. I can take the next thing that comes along." . . . You must do the thing you think you cannot do. Eleanor Roosevelt

  14. #44
    Senior Member Array rmodel65's Avatar
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    Quote Originally Posted by mulle46 View Post
    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.

  15. #45
    Senior Member Array rmodel65's Avatar
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