funny if he went back like he said tried the same crap. cops says you are breaking the law by being here at an assembly with a firearm let me see some ID now get lippy and I will intro deuce you to Mr tazer
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Uly
XD45 4" and a Supertuck
Americans have the will to resist because you have weapons. If you don't have a gun, freedom of speech has no power. -- Yoshimi Ishikawa, Japanese author, in the LA Times 15 Oct 1992
Around here the cops have to be able to prove reasonable suspicion that a crime is being committed to stop you and force you to give ID etc. The courts have held that an openly-carried gun does not qualify as reasonable suspicion that a crime will be committed.
I've been real busy at work the last 11 days & haven't had time to read all 11 pages of this thread, like I would normally do before responding.....so bear with me.
I'd like to address the highlighted statement in your response. I believe that court ruling had to do with States where open carry is legal without a permit.
In Ga. you MUST have a valid firearms license in order to carry open or concealed. So if I see a man walking down the street in Ga. with a firearm, I have the legal authority to check to make sure he is carrying that firearm with the legal permit......because if he didn't, it be an illegal act.
I haven't located any Ga. court rulings yet that say otherwise.......
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" Don't sweat the small stuff...& it's all small stuff. "
. So if I see a man walking down the street in Ga. with a firearm, I have the legal authority to check to make sure he is carrying that firearm with the legal permit......because if he didn't, it be an illegal act.
I haven't located any Ga. court rulings yet that say otherwise.......
You still require probable cause or else you had best start pulling over every car you see to ensure that the operator is properly licensed and insured...You do not have probable cause just due to someone carrying a firearm whether it's OC or CC.
You still require probable cause or else you had best start pulling over every car you see to ensure that the operator is properly licensed and insured...You do not have probable cause just due to someone carrying a firearm whether it's OC or CC.
Sorry, but traffic law & criminal law is a little different. First, if I see a 12 yr. old boy or girl driving a car, I can pull them over to check the license....I don't need a traffic violation to do it. I can articulate reasonable suspicion for an investigative stop.
There have already been court ruling regarding probable cause for making traffic violations (with exceptions for investigative stops), however, in Ga. I haven't discovered any case law regarding the carrying of a firearm with regards to police interaction. Since you must be licensed to carry one, you'll get stopped and asked to show the license more than likely.
I'd like to have any case law in Ga. showing otherwise, because I got into trouble with my boss for arguing your point of view.
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" Don't sweat the small stuff...& it's all small stuff. "
I've been real busy at work the last 11 days & haven't had time to read all 11 pages of this thread, like I would normally do before responding.....so bear with me.
I'd like to address the highlighted statement in your response. I believe that court ruling had to do with States where open carry is legal without a permit.
In Ga. you MUST have a valid firearms license in order to carry open or concealed. So if I see a man walking down the street in Ga. with a firearm, I have the legal authority to check to make sure he is carrying that firearm with the legal permit......because if he didn't, it be an illegal act.
I haven't located any Ga. court rulings yet that say otherwise.......
That was the exact point of my statement. Maybe I did not word it right but you hit the nail on the head.
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There is only ONE reason a government bans guns.
That reason is people with guns can not be made into subjects or slaves.
It has NOTHING to do with crime.
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XD40sc
Mossberg 500 12G
Remington 597 .22LR
I got into a verbal debate with my Chief over this point & even spoke to the DA......I initially tried to compare traffic stops with the firearms issue, but had to see that the two aren't comparable.
Most people believe that the police just can't stop drivers to check for a valid license & insurance.....but we can & it's legal. It's called a check point. We are allowed to set up road blocks & check every driver for the proper licenses & registration or insurance paperwork........
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" Don't sweat the small stuff...& it's all small stuff. "
I'd like to have any case law in Ga. showing otherwise, because I got into trouble with my boss for arguing your point of view.
You give me hope sir.
The argument seems simple to me, your boss is apparently saying it's ok to do a "Terry" stop just because you see a gun and we both know that just isn't so.
"The purpose of a Terry stop is to conduct a brief investigation to confirm or deny that the suspect is involved in criminal activity.2 A law enforcement officer may initiate a Terry stop when he or she suspects that an individual is committing, has committed, or is about to commit a crime, but probable cause does not yet exist to arrest and the officer wants to “stop” the suspect and investigate."
The argument seems simple to me, your boss is apparently saying it's ok to do a "Terry" stop just because you see a gun and we both know that just isn't so.
"The purpose of a Terry stop is to conduct a brief investigation to confirm or deny that the suspect is involved in criminal activity.2 A law enforcement officer may initiate a Terry stop when he or she suspects that an individual is committing, has committed, or is about to commit a crime, but probable cause does not yet exist to arrest and the officer wants to “stop” the suspect and investigate."
I've read the Woodard case before & there is no siding with the Deputies on this one, because it's all FUBAR!
I'm also a member of Georgiacarry.org & GeorgiaPacking.org. I'll get faster legal updates on these sites than through my Dept. !!
Anyway, I think we can separate Terry Stops from checking firearm licenses in Ga. because of the nature of the incident. If your simply walking down the street, I'd have no ARS that your committing a crime & would have a hard time explaining my stopping you....because your action of walking down a public street isn't illegal or suspicious.
However, in the same scenario if you had an open viewable holstered pistol.....that is all the ARS I need to check to see if you have the proper licence to carry, because you must have one in Ga. to do so. I could be wrong, if the courts have ruled otherwise.....but I don't think they've addressed this specifically in Ga. yet. I know they have with regards to firearms in cars.....but not with regards to pedestrians.
In the same scenario....if your carrying a shotgun or rifle.....I'd have no ARS to stop you because in Ga. you don't need a license to open carry one of these......weird huh?
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" Don't sweat the small stuff...& it's all small stuff. "
Is it true that if your not driving a vehicle that you dont have to provide ID?
False, In Florida a person who is an adult must have a valid state ID. If an Officer is conducting an investigation (call for service) he has a legal right to ask for ID.
Quote:
Originally Posted by FrankC
You still require probable cause or else you had best start pulling over every car you see to ensure that the operator is properly licensed and insured...You do not have probable cause just due to someone carrying a firearm whether it's OC or CC.
No sir, traffic is a civil infraction for the most part, it is different for criminal law.
The guy with the video camera could have been charged with a few things.
1. Obstruction- I am guessing that the abortion clinic called the police. He was there in the lawful act of his duties. When the Officer asked him to stop and talk to him and he kept backing up refusing to provided ID he was obstructing the officer legal investigation.
2. The N.C. Parade law as posted before. Remember it is not up to the officer to pursue the charge. It is there job to interpret the law to the best of there knowledge with the resources they have on the street.
3. D.C. he was yelling and making a scene in public, it would be week but he could give him a ride.
The Officer was wrong in one area, HIS OFFICER SAFETY!!!!
The guy OCing was in violation of NC law and a moron. The Officer showed great restraint.
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--Winston Churchill
"We contend that for a nation to try to tax itself into prosperity is like a man standing in a bucket and trying to lift himself up by the handle."
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