Security Guard tries to take pistol from OC'er.

This is a discussion on Security Guard tries to take pistol from OC'er. within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Originally Posted by SIGguy229 Probably justifiable. <break> The post has been updated by the victim (the OCer)....ADA will not file charges; video evidence clearly shows ...

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Thread: Security Guard tries to take pistol from OC'er.

  1. #211
    VIP Member Array cmdrdredd's Avatar
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    Quote Originally Posted by SIGguy229 View Post
    Probably justifiable.

    <break>

    The post has been updated by the victim (the OCer)....ADA will not file charges; video evidence clearly shows case for self-defense. However, the video (which the victim has) is being held until the civil case (if one ever arises...yeah...a sad world) is settled (or the idiot security guard declines to sue)....afterall, he has medical bills to pay...
    Idiots deserve to pay their own bills. So in GA even if you use justifiable force someone can sue you? That's ridiculous IMO. In FL that can't happen. If it's a legal defense situation you are free from civil suits as well.
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  3. #212
    Senior Member Array rmodel65's Avatar
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    we have immunity too...but i dont know all the aspects of the law
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  4. #213
    VIP Member Array SIGguy229's Avatar
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    Quote Originally Posted by cmdrdredd View Post
    Idiots deserve to pay their own bills. So in GA even if you use justifiable force someone can sue you? That's ridiculous IMO. In FL that can't happen. If it's a legal defense situation you are free from civil suits as well.
    That post from months back should have been taken as sarcasm when referring to the security guard (who I thought at the time) might sue for damages...

    However, given that it has been 6 months since the incident....and ZERO updates have been provided (the original thread on GPDO has been closed)...can lead one to believe that the incident, if it did happen, did not occur as originally reported....and that if no one talks about it, will die a quiet death.

    However, given the alleged seriousness of the incident concerning OCers, it still lives on via the internet. Hopefully GPDO members can/will run this to ground--I don't care what the OP did previous to this incident or that he's a "good guy"....that's fine and well, but if you're going to make outrageous claims to a group that X, Y, and Z happened, and the group says "show me"...then I believe as a member of a group you have the obligation to "show me".

    To those that say the OP doesn't have anything to prove to a group on the internet...I say, then he should have kept his mouth shut about the original event...because something like this is going to make everyone question it after a period of time (say, like 6 months?)
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  5. #214
    Senior Member Array rmodel65's Avatar
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    no one has to prove anything you can file a Georgia Open Records request just as easy as anyone.....
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  6. #215
    VIP Member Array mcp1810's Avatar
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    Quote Originally Posted by rmodel65 View Post
    no one has to prove anything you can file a Georgia Open Records request just as easy as anyone.....
    Great! Just tell us which agency to file it with!
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  7. #216
    Senior Member Array rmodel65's Avatar
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    well theres only so many near here so it should be to hard
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  8. #217
    VIP Member Array mcp1810's Avatar
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    Well, we are not the ones asserting this incident occurred. The burden of proof is not on us.
    From Constructing a Logical Argument:
    The burden of proof is always on the person making an assertion or proposition. Shifting the burden of proof, a special case of Argumentum ad Ignorantiam, is the fallacy of putting the burden of proof on the person who denies or questions the assertion being made. The source of the fallacy is the assumption that something is true unless proven otherwise. For further discussion of this idea, see the "Introduction to Atheism" document.
    .
    But, if you will name the appropriate agencies that would have to have no record of the incident to satisfy you that it never occurred I would be happy to submit the requests to each and every one of them.
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  9. #218
    VIP Member Array SIGguy229's Avatar
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    Quote Originally Posted by rmodel65 View Post
    no one has to prove anything you can file a Georgia Open Records request just as easy as anyone.....
    That's my point....no one is saying where this happened OR who was the responding agency was (PD vs Sheriff) to file an open records request....it's like a secret double secret decoder ring classified black op led by Col Flagg...
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  10. #219
    VIP Member Array mcp1810's Avatar
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    Quote Originally Posted by rmodel65 View Post
    we have immunity too...but i dont know all the aspects of the law
    Here, maybe this will help. This is excerpted from sb396 as passed in the 2005-2006 session.
    SECTION 2.Said article is further amended by striking in its entirety Code Section 16-3-24.2, relating to immunity from prosecution and exception, and inserting in lieu thereof the following:"16-3-24.2.A person who uses threats or force in accordance with Code Section 16-3-21, 16-3-23, 16-3-23.1, or 16-3-24 shall be immune from criminal prosecution therefor unless in the use of deadly force, such person utilizes a weapon the carrying or possession of which is unlawful by such person under Part 2 or 3 of Article 4 of Chapter 11 of this title."
    So unless he acted illegally or used an illegal deadly weapon he is immune from criminal prosecution.
    And....
    SECTION 3.Article 1 of Chapter 11 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to defense to tort actions, is amended by striking in its entirety Code Section 51-11-9, relating to immunity from civil liability for threat or use of force in defense of a habitation, and inserting in lieu thereof the following:"51-11-9.A person who is justified in threatening or using force against another under the provisions of Code Section 16-3-21, relating to the use of force in defense of self or others, Code Section 16-3-23, relating to the use of force in defense of a habitation, or Code Section 16-3-24, relating to the use of force in defense of property other than a habitation, has no duty to retreat from the use of such force and shall not be held liable to the person against whom the use of force was justified or to any person acting as an accomplice or assistant to such person in any civil action brought as a result of the threat or use of such force."

    SECTION 4.All laws and parts of laws in conflict with this Act are repealed.
    It all looks pretty cut and dry there. Unless someone is saying that he violated Code Section 16-3-21 or 16-3-24. So lets look at those..
    16-3-21.
    (a) A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to defend himself or herself or a third person against such otherīs imminent use of unlawful force; however, except as provided in Code Section 16-3-23, a person is justified in using force which is intended or likely to cause death or great bodily harm only if he or she reasonably believes that such force is necessary to prevent death or great bodily injury to himself or herself or a third person or to prevent the commission of a forcible felony.
    and
    (c) Any rule, regulation, or policy of any agency of the state or any ordinance, resolution, rule, regulation, or policy of any county, municipality, or other political subdivision of the state which is in conflict with this Code section shall be null, void, and of no force and effect.
    and then there is....
    16-3-24.
    (a) A person is justified in threatening or using force against another when and to the extent that he reasonably believes that such threat or force is necessary to prevent or terminate such otherīs trespass on or other tortious or criminal interference with real property other than a habitation or personal property:
    (1) Lawfully in his possession;
    (2) Lawfully in the possession of a member of his immediate family; or
    (3) Belonging to a person whose property he has a legal duty to protect.
    (b) The use of force which is intended or likely to cause death or great bodily harm to prevent trespass on or other tortious or criminal interference with real property other than a habitation or personal property is not justified unless the person using such force reasonably believes that it is necessary to prevent the commission of a forcible felony.
    and
    16-3-24.2.
    A person who uses threats or force in accordance with Code Section 16-3-21, 16-3-23, 16-3-23.1, or 16-3-24 shall be immune from criminal prosecution therefor unless in the use of deadly force, such person utilizes a weapon the carrying or possession of which is unlawful by such person under Part 2 or 3 of Article 4 of Chapter 11 of this title.
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  11. #220
    Member Array Corlissimo's Avatar
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    Quote Originally Posted by SIGguy229 View Post
    That's my point....no one is saying where this happened OR who was the responding agency was (PD vs Sheriff) to file an open records request....it's like a secret double secret decoder ring classified black op led by Col Flagg...

    Hahaha.... Love the Col. Flagg reference!

    Now, I'm leaving.... right after I bash my head into a wall. I was never here.... you didn't see me type this message in the super-duper special invisible ink font.
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  12. #221
    New Member Array hgreen's Avatar
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    Quote Originally Posted by GunnyBunny View Post
    Just another reason I prefer CC to OC.

    He was OC'ing according to the link supplied above.
    It would be nice if we could all actually get legal CC permits. Some of us only have the LEGAL option of OCing where we live to protect ourselves with our firearm.

  13. #222
    VIP Member Array mcp1810's Avatar
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    Quote Originally Posted by Corlissimo View Post
    Hahaha.... Love the Col. Flagg reference!

    Now, I'm leaving.... right after I bash my head into a wall. I was never here.... you didn't see me type this message in the super-duper special invisible ink font.
    What is the other super spy line?

    " I was never here, and this never happened."
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  14. #223
    Member Array kane4111's Avatar
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    Quote Originally Posted by JD View Post
    Well that was awfully smart of the guard, lucky he didn't get stabbed or beaten more badly, I think I would have kicked his teeth in. Definitely one to keep an eye on. +1 For the guy's situational awareness and addressing the grab.
    i agree!!!
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  15. #224
    Member Array ViperPowered's Avatar
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    This is the exact reason I think OC would lead to much more trouble than it worth. Here in California I'd be worried that Joe Public would be calling out the SWAT team every other block on me, or I'd have idiots like this security guard to deal with every time I turned the corner.... Anyone here in Ca. have experience dealing with OC issues here???
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  16. #225
    VIP Member Array SIGguy229's Avatar
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    Quote Originally Posted by ViperPowered View Post
    This is the exact reason I think OC would lead to much more trouble than it worth. Here in California I'd be worried that Joe Public would be calling out the SWAT team every other block on me, or I'd have idiots like this security guard to deal with every time I turned the corner.... Anyone here in Ca. have experience dealing with OC issues here???
    This is not the place to debate OC vs CC. See forum rules. However, if you want your question answered, I recommend you start a separate thread or check out the California forum in www.opencarry.org

    I'm sure if you did a search of OC, you'd find that a majority of the time, no one notices....I've OCd for 8 years (in VA), never stopped or questioned.
    Magazine <> clip - know the difference

    martyr is a fancy name for crappy fighter
    You have never lived until you have almost died. For those that have fought for it, life has a special flavor the protected will never know

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