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« Deer-auto collisions | Main | NRA birthday »

Suit by Georgia Carrying member

Posted by David Hardy · 17 November 2008 07:07 AM

Fellow is carrying openly, with result that people across the street phone in a "man with a gun" report. In these parts the deputies would ask what make, is he selling, and what price does he want. They weren't so understanding, tho, and arrested him for CCW and disturbing the peace by causing people to be alarmed (which is a bit inconsistent: how could anyone be alarmed if it wasn't visible?). The prosecutors at least had some sense and refused to file. Data here.

10 Comments | Leave a comment

JustinGA | November 17, 2008 9:08 AM | Reply

Only a matter of time before this happens to my brother or myself, I'm afraid.

Roger | November 17, 2008 12:39 PM | Reply

Interesting, In Ohio, the police cannot legally (although they probably do) use open carry as an excuse for an inducing panic charge. Sometimes it simply requires reminding the local police chief of head of public safety about this. Since we've had some revision to the concealed carry laws, this may have taken place.

JustinGA | November 17, 2008 1:28 PM | Reply

I should mention that I live in the county where this happened (Paulding County) but not the city. However, most of the police in this county are fairly reasonable and understanding about people carrying firearms. Mr. Hardy is quite correct.

Carl in Chicago | November 17, 2008 1:52 PM | Reply

It's obtrusive. It's slow. It's costly.

But this is how we build precendent, and teach these zealots the meaning of "shall not be infringed."

Critic | November 17, 2008 1:59 PM | Reply

Would it help if you're planning to carry openly to send a letter to the local law enforcement agencies requesting that they notify ALL their officers that open carry is legal and not a justification for a disorderly conduct charge? Ask for confirmation that the commanders have informed the deputies and get more persistent if they don't get back to you. If they refuse to inform the deputies then at least that would make for a much stronger lawsuit. Better yet, get the 911 operators trained to tell "man with a gun" callers that it is legal so the cops don't even have to bother you or waste their time.

Tom | November 17, 2008 4:09 PM | Reply

911 operators shold ask "man with gun" callers what the "man" is doing. Is he walking down the street talking with the neighbors while drinking a cup of coffee or skulking outside the 7-11 wearing a ski mask?

straightarrow | November 17, 2008 4:18 PM | Reply

Forget getting the sheriff to acknowledge your right to do so. I went to our county sheriff about five years ago and just asked him what the law of this state says about open carry and what if anything do his deputies do about it.

I already knew the answer to the first question, OC is legal here, but has so many restrictions as to be almost a prohibition. However, it is in the strictly legal sense allowed. Even though I knew the answer I could never get an answer from the First Deputy, to whom I was talking. He kept saying "We discourage open carry." And I would ask, "But is it legal?" To which he would repeat his reply. Never did answer the question. Nor the next one, which was "Just how do you discourage open carry?" Got the same non-answer.

I thanked him for his time and asked if honest work didn't agree with him, since he sure as Hell didn't believe in it.

Zach | November 19, 2008 12:11 AM | Reply

I really can't understand how these "law enforcement" officers sleep at night. They should be behind bars for a few days for this one. Jackboots be damned, fired and incarcerated. We cannot, should not and will not tolerate this abuse. They will not slowly chip away, stack the salami or grind this stone down.

Carl is exactly right; if this is the only way to get "shall not be infringed" drilled into their heads, so be it.

Archangel | November 21, 2008 9:00 AM | Reply

This type of behaviour should be discouraged. By filing this lawsuit a clear message should be sent to law enforcement that whether they like it or not. Properly credentials civilians are LEGAL to carry guns. The best way to hit them is in the wallet.

straightarrow | November 22, 2008 10:55 PM | Reply

or just pat them in the face with a shovel

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