Quote:
Originally Posted by mulle46
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?
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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.