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Thread: Open Carrying as Disturbing the Peace in GEORGIA?

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    Open Carrying as Disturbing the Peace in GEORGIA?

    Had a conversation with someone I had made friends with who is a Law Enforcement Officer. His opinion on the matter is that: New cops are usually pretty stupid and poorly trained. He has seen people get charged with disturbance of the peace. If I were to openly carry a firearm in Publix, that would put people in a state of unease, and if the police were called, they would have to question me (in good faith) but if they wanted to try and charge me with someone, it'd probably be under disturbance of the peace or disorderly conduct because I was "causing public alarm". After which point, he's confident it wouldn't stick as it goes before a judge, but he couldn't say for sure. Which, I appreciate his honesty on the matter.

    The conversation started with whether or not I had to show my license to a random cop who had a "suspicion" based on the court case where a Federal Judge said something like "unless the person is acting tumultuous, or otherwise gives overt reason, there is never a cause to harass someone who is open carrying legally in that state". It then led to, if a cop was called on me. Which, I feel I should comply as they have to operate "in good faith". But outside of that, should they want to make a big deal of it (since most cops here seem anti-gun.... the chatter, my friends tell me, is that I make myself a target. But, so far, only to the cops HAH!)

    I did a search on the forums but I didn't really find anything pertaining to Georgia and wasn't sure if anyone was familiar with it.

    Thanks.

  2. #2
    Regular Member Fallschirmjäger's Avatar
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    A) As of a few years ago, carrying a firearm is presumed legal (same as it's presumed legal to be driving a car) and the absence of having a GWL is an element of the offense (generally.) It's hard to make the case that merely carrying a holstered firearm is 'disturbing' when thousands of law enforcement officers do the same on a daily basis.

    B) Georgia does not have a 'disturbing the peace' statute but it does have a 'Disorderly Conduct' statute. There are four very specific behaviors that can be charged as disorderly. If not violating any of those specific four, you are not being disorderly. To me this is very preferable to any generalized, open-ended, subject to the officer's discretion 'disturbance' charge.

    I openly carry at my local Publix and Ingles quite often. I have no doubt it caused a bit of concern the first time they saw me do so. They were a bit less alarmed the second time. The third only got a raised eyebrow. Now they don't even look twice and neither does my local bank when I OC there as well.

    Oh,... and I should mention the police are not bound by duty to question someone operating in a legal fashion; just as you are not bound by any custom or authority to engage in conversation or answer intrusive questions by officers who are only trying to find a reason to make an arrest. Making a statement that you refuse to answer Any questions and then remaining silent is the surest and fastest way to put an end to questions. Every question you do answer from, "What's your name? It won't hurt to give us your name to put on our report, will it?" to "Did you walk here, or did you drive?" can only prolong the interrogation.
    Last edited by Fallschirmjäger; 05-24-2012 at 09:23 AM.

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    Regular Member zekester's Avatar
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    Everythng you say is true....but let me tell you...if they want to charge you with something they will....why should they care?, the courts will decide it and you are out any money you spent defending yourself....that simple.

    Cops have to justify their jobs just as we do...call it quota, call it what you will...but they will justify one way or another...
    GOD gave me rights!!!....The Constitutuion just confirms it!!

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    Regular Member Fallschirmjäger's Avatar
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    There is no doubt that the fine officers of the law will attempt to charge someone with anything and everything they can, in an attempt to make something stick. There is also no doubt that sometimes, the little guy wins. Witness Geoffrey Asher's $58,000 award for the illegal actions of law enforcement.

    Some fine officers of the Gwinnett County Police Department may also be in court for similar actions.

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    Regular Member DocWalker's Avatar
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    Quote Originally Posted by Fallschirmjäger View Post
    There is no doubt that the fine officers of the law will attempt to charge someone with anything and everything they can, in an attempt to make something stick. There is also no doubt that sometimes, the little guy wins. Witness Geoffrey Asher's $58,000 award for the illegal actions of law enforcement.

    Some fine officers of the Gwinnett County Police Department may also be in court for similar actions.
    An officer that repeatedly costs there department, city, county, or state money due to harassment won't go far in law enforcement. It would not only cost money but the PR would be hell as I would be on every channel making my case about how I was doing nothing wrong when I was illegally harassed and arrested.

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    Regular Member zekester's Avatar
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    Quote Originally Posted by Fallschirmjäger View Post
    There is no doubt that the fine officers of the law will attempt to charge someone with anything and everything they can, in an attempt to make something stick. There is also no doubt that sometimes, the little guy wins. Witness Geoffrey Asher's $58,000 award for the illegal actions of law enforcement.

    Some fine officers of the Gwinnett County Police Department may also be in court for similar actions.
    I am aware of the lawsuit, but it just verified my statement....they will charge you, regardless of the outcome....
    GOD gave me rights!!!....The Constitutuion just confirms it!!

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    Regular Member DocWalker's Avatar
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    Quote Originally Posted by zekester View Post
    I am aware of the lawsuit, but it just verified my statement....they will charge you, regardless of the outcome....
    Again tax payers will get tired of paying for a cops option that they are they only ones that should be armed. Enough of these lawsuits should wake people up. $58K is another cop on the streets for a year.

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    Heck, in Columbus, $58k is TWO officers. They don't get paid much here.

    Well, I was hoping there was something I could do to hedge myself (besides not carrying) but it looks like I'll be arrested one day. Hopefully I can afford a competent attorney or I might be out of luck. But competent usually means more $$$. Cheap, good lawyer... Pick one lol.

    So it goes, the little guy paying the piper so others won't have to.

    Thanks for the prompt response guys. As the only person I know who open carries out here, any info or assistance is greatly appreciated.

    If you find out anything more, lemme know. Thanks!

  9. #9
    Regular Member Fallschirmjäger's Avatar
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    Quote Originally Posted by Tolderian View Post
    Heck, in Columbus, $58k is TWO officers. They don't get paid much here.

    Well, I was hoping there was something I could do to hedge myself (besides not carrying) but it looks like I'll be arrested one day. Hopefully I can afford a competent attorney or I might be out of luck. But competent usually means more $$$. Cheap, good lawyer... Pick one lol.

    So it goes, the little guy paying the piper so others won't have to.

    Thanks for the prompt response guys. As the only person I know who open carries out here, any info or assistance is greatly appreciated.

    If you find out anything more, lemme know. Thanks!
    Take a moment to post your question on GeorgiaPacking and it will be warmly received. Some very competent attorneys, County Sheriffs, Chief Deputies and regular ol' people post there.

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    Tolderian:

    I was able to Defeat a Reckless Conduct Charge for Caryring a Firearm that was Levied against Me by My Local Police Department in The City where I Live.

    The Police Knew DANG WELL what The Law says, but They are People too, and Sometimes..., They do NOT like what The Law says.

    However, not Liking Something does NOT Mean that what a Person does NOT Like makes that which is NOT Liked Illegal.

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    Regular Member DocWalker's Avatar
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    Quote Originally Posted by aadvark View Post
    Tolderian:

    I was able to Defeat a Reckless Conduct Charge for Caryring a Firearm that was Levied against Me by My Local Police Department in The City where I Live.

    The Police Knew DANG WELL what The Law says, but They are People too, and Sometimes..., They do NOT like what The Law says.

    However, not Liking Something does NOT Mean that what a Person does NOT Like makes that which is NOT Liked Illegal.
    I hope you now file a civil lawsuit against the department and city for false arrest and civil rights violations.

    The only way anything will change is when they have to fork out large sums of money for their stupidity.

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    DocWalker:

    It is NOT Nessecary to do so at This Time.

    I have Worked Things out Internally with The City, and They have Apologized for Their Actions.

    aadvark

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    Regular Member BuzWeaver's Avatar
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    Tolderian, my concern as a relatively new gun owner is to avoid any potential unwanted attention to myself. I have a conceal carry permit and I carry concealed. Where I live its rare that I see anyone open carrying, but I know that there are quite a few people that conceal carry. Its unfortunate that we live in a society that has been saturated with negativity and demonizing of firearms. Taking a look at this weeks news we see a perfect example where the administration was most likely complicit in a botched intentional and orchestrated plan to yet again attack firearm dealers and manufactures. I stand prepared to present my Permit when and if needed I don't have any desire to get into a ******* contest with law enforcement. To me being a responsible gun owner means that I may have to endure certain levels of scrutiny and I hope to face that scrutiny with levity and civility.
    Last edited by BuzWeaver; 06-24-2012 at 12:05 PM.

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    Regular Member DocWalker's Avatar
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    Quote Originally Posted by aadvark View Post
    DocWalker:

    It is NOT Nessecary to do so at This Time.

    I have Worked Things out Internally with The City, and They have Apologized for Their Actions.

    aadvark
    I will submit that it will happen again in the future, maybe not to you but someone else.

    I will also submit that the officers had a big laugh at your expense in the station about how they got away with harrassing you.

    It is your call but the fact LE got away with it will only embolden them to do it again.

  15. #15
    Regular Member Kingfish's Avatar
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    Quote Originally Posted by BuzWeaver View Post
    I have a conceal carry permit...
    A what? Georgia issues no such item.
    Quote Originally Posted by BuzWeaver View Post
    Its unfortunate that we live in a society that has been saturated with negativity and demonizing of firearms.
    And why do you think that is? Would OC by regular law abiding citizens affect this in any way?
    Quote Originally Posted by BuzWeaver View Post
    I stand prepared to present my Permit
    Those with the power will appreciate that. They like their sheep compliant.
    Quote Originally Posted by BuzWeaver View Post
    ...I don't have any desire to get into a ******* contest with law enforcement. To me being a responsible gun owner means that I may have to endure certain levels of scrutiny and I hope to face that scrutiny with levity and civility
    Are you implying that one cannot express their RIGHTS without being civil? How is declining to produce papers on demand getting into a "*** contest"?

  16. #16
    Regular Member MKEgal's Avatar
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    Quote Originally Posted by Tolderian
    ...it looks like I'll be arrested one day. Hopefully I can afford a competent attorney or I might be out of luck. But competent usually means more $$$. Cheap, good lawyer... Pick one
    Or you might be lucky enough to find a really good lawyer who is a strong 2A advocate & works for reasonable rates...
    Someone like John Monroe.
    He's in Roswell, GA, but handles cases across the country.
    678-362-7650
    john.monroe1@earthlink.net

  17. #17
    Regular Member 77zach's Avatar
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    Quote Originally Posted by BuzWeaver View Post
    Tolderian, my concern as a relatively new gun owner is to avoid any potential unwanted attention to myself. I have a conceal carry permit and I carry concealed. Where I live its rare that I see anyone open carrying, but I know that there are quite a few people that conceal carry. Its unfortunate that we live in a society that has been saturated with negativity and demonizing of firearms. Taking a look at this weeks news we see a perfect example where the administration was most likely complicit in a botched intentional and orchestrated plan to yet again attack firearm dealers and manufactures. I stand prepared to present my Permit when and if needed I don't have any desire to get into a ******* contest with law enforcement. To me being a responsible gun owner means that I may have to endure certain levels of scrutiny and I hope to face that scrutiny with levity and civility.
    This attitude is dangerous to our freedom and partly why this country is in the situation it is. I understand not OCing in certain circumstances so as not to inconvenience yourself, but you're taking it way too far.
    Last edited by 77zach; 06-25-2012 at 08:26 PM.
    “If the natural tendencies of mankind are so bad that it is not safe to permit people to be free, how is it that the tendencies of these organizers are always good? Do not the legislators and their appointed agents also belong to the human race? Or do they believe that they themselves are made of a finer clay than the rest of mankind? ” -Bastiat

    I don't "need" to openly carry a handgun or own an "assault weapon" any more than Rosa Parks needed a seat on the bus.

  18. #18
    McX
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    i always thought that carrying, rather than disturbing the peace, would be distributing the peace, and helping to promote orderly conduct.........so to speak.
    Last edited by McX; 06-29-2012 at 01:31 PM.

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