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Thread: Judge rules OC is RAS.

  1. #1
    Regular Member self preservation's Avatar
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    Judge rules OC is RAS.

    This article is out of Georgia and concerns one of our members here on OCDO.

    http://lastresistance.com/3564/u-s-d...spicion-crime/
    “The only thing necessary for the triumph of evil is for good men to do nothing.” Edmund Burke

    self-pres·er·va·tion (slfprzr-vshn)
    n.
    1. Protection of oneself from harm or destruction.
    2. The instinct for individual preservation; the innate desire to stay alive.

  2. #2
    Regular Member EMNofSeattle's Avatar
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    Quote Originally Posted by self preservation View Post
    This article is out of Georgia and concerns one of our members here on OCDO.

    http://lastresistance.com/3564/u-s-d...spicion-crime/
    so a single district court judge? 3 different circuit courts of appeal have ruled differently, this won't survive.
    they love our milk and honey, but they preach about some other way of living, when they're running down my country man they're walkin' on the fightin side of me

    NRA Member

  3. #3
    Regular Member self preservation's Avatar
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    Quote Originally Posted by EMNofSeattle View Post
    so a single district court judge? 3 different circuit courts of appeal have ruled differently, this won't survive.
    I hope you're right. But I bet that this has messed up his lawsuit against the PD. I don't know if he plans to pursue this more or not.
    “The only thing necessary for the triumph of evil is for good men to do nothing.” Edmund Burke

    self-pres·er·va·tion (slfprzr-vshn)
    n.
    1. Protection of oneself from harm or destruction.
    2. The instinct for individual preservation; the innate desire to stay alive.

  4. #4
    Regular Member OC for ME's Avatar
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    The issue, as I see it, is how to get rid of a judge that should have known that mere OC, where legal without a "permit", is not RAS as higher courts have opined.

  5. #5
    Regular Member Fallschirmjäger's Avatar
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    Quote Originally Posted by self preservation View Post
    I hope you're right. But I bet that this has messed up his lawsuit against the PD. I don't know if he plans to pursue this more or not.
    That was the lawsuit against the PD.

  6. #6
    Regular Member self preservation's Avatar
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    Quote Originally Posted by Fallschirmjäger View Post
    That was the lawsuit against the PD.
    I meant if you intend to pursue it to higher court or appeal this ruling.
    “The only thing necessary for the triumph of evil is for good men to do nothing.” Edmund Burke

    self-pres·er·va·tion (slfprzr-vshn)
    n.
    1. Protection of oneself from harm or destruction.
    2. The instinct for individual preservation; the innate desire to stay alive.

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    Quote Originally Posted by self preservation View Post
    I meant if you intend to pursue it to higher court or appeal this ruling.
    Nonsense.

    That was the lawsuit against the PD. Any further action will be an appeal and an appeal must be to a higher court.
    I am responsible for my writing, not your understanding of it.

  8. #8
    Regular Member self preservation's Avatar
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    Quote Originally Posted by Nightmare View Post
    Nonsense.

    That was the lawsuit against the PD. Any further action will be an appeal and an appeal must be to a higher court.
    I see. I thought that when you appealed it went before a different judge within the original court, or to the same judge in light of new evidence. I guess I got that misunderstanding from a class action suit that I have been involved in for several years. I keep hearing from others that are in this suit as well say "they have appealed the supreme court ruling 3 times and now they are out of appeals. So we should be getting a final ruling soon."
    “The only thing necessary for the triumph of evil is for good men to do nothing.” Edmund Burke

    self-pres·er·va·tion (slfprzr-vshn)
    n.
    1. Protection of oneself from harm or destruction.
    2. The instinct for individual preservation; the innate desire to stay alive.

  9. #9
    Campaign Veteran marshaul's Avatar
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    I hope this is appealed. Not only is the decision illogical, it flies in the face of stare decisis. This judge deserves too see his "verdict" overturn it, and we need it not to be allowed to stand.

    Of course, Georgia does require a permit for open carry, but I don't see why that should change the default presumptions.
    Last edited by marshaul; 11-06-2013 at 03:01 PM.

  10. #10
    Regular Member Fallschirmjäger's Avatar
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    Unfortunately, funds were unavailable to appeal the decision. I'm sure the issue will be raised again though; too many people have vowed Not to change their open-carry habits.

    Perhaps next time the decision will be before a judge, with lawyers, instead of what some legal clerk puts in front of a judge (too many people have told me who really does the research for judges for me to think it wasn't the case here.)

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    Quote Originally Posted by self preservation View Post
    I see. I thought that when you appealed it went before a different judge within the original court, or to the same judge in light of new evidence. I guess I got that misunderstanding from a class action suit that I have been involved in for several years. I keep hearing from others that are in this suit as well say "they have appealed the supreme court ruling 3 times and now they are out of appeals. So we should be getting a final ruling soon."
    https://en.wikipedia.org/wiki/Appell..._United_States The Wikipedia is a fine first resource on an unfamiliar topic. This article cites fifteen references, each with details on the points that they support. Cite these references and no one will be the wiser, that they're from the Wikipedia.
    I am responsible for my writing, not your understanding of it.

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    I don't think my rights are subject to a vote ... even from people in robes.

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