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Thread: Harrassed in brunswick for OCing

  1. #1
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    well went out for a night with a lady friend of mine, decided to visit Books a million guess they got a man with a gun call? Went outside officer comes up to me ask me what im doing. Shopping maybe? :P anyways ask for my license, tell me it only allows me to carry in my yard. then the other officer ask me to open my trunk, I inform him im not consenting to any searches. he then repeats the command it very loudly. I tell him again soon as I open the trunk, he orders me to put the gun in there. They go off to research the code. tell me I cant carry like this until July. The second officer then asks for my DL and writes downb all my info. The first officer ask why im carrying a gun. I respond for protection. He then informs me of his opinion, that I dont need a gun thats what the police are for I tried to keep from arguing, i bit my tounge and didnt raise my voice. I headed straight to the county police headquarters and asked to speak to the supervisor. he was of little help. I intend to go visit the police cheif monday morning, and also call every one of the county commisioners

    oh well end rant:P

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    They must have been wannabe's from FLETC.

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    yeah we have an extremely large, govt employees populace. but these guys have been county officers for years, and neither knew that OC was legal. when i went to talk to the supervisor he didn't understand why i would want a gun in a book store

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    Regular Member Fallschirmjäger's Avatar
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    I'm assuming you are in possession of a Georgia Firearm's Permit (required to Open Carry or Conceal Carry off one's property, etc. in Georgia)

    The closest Georgia has to a "Stop and Identify" statute is 16-11-36.

    The Supreme Court has ruled you are NOT required to show any identification papers based solely on the request of a law enforcement officer. The Supreme Court ruled in Hiibel v. Sixth Judicial District Court of Nevada that the standard for identifying one's self could be met by stating one's true name and particulars required.

    As you were not "in a place at a time or in a manner not usual for law-abiding individuals..." you would have been well within your Constitutional and Georgian rights to - -
    1) Refuse to identify yourself
    2) Refuse to show a driver's license, unless you were in operational control of a licensed vehicle upon public roadways
    3) Refuse to open your trunk for their convenience.



    Bottom line - - those Law Enforcement Officers were wrong three ways from Sunday as my grampa would say.

    TITLE 16.CRIMES AND OFFENSES CHAPTER 11.
    OFFENSES AGAINST PUBLIC ORDER O.C.G.A. § 16-11-36 (2007)

    § 16-11-36.Loitering or prowling
    (a)A person commits the offense of loitering or prowling when he is in a place at a time or in a manner not usual for law-abiding individuals under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.

    (b)Among the circumstances which may be considered in determining whether alarm is warranted is the fact that the person takes flight upon the appearance of a law enforcement officer, refuses to identify himself, or manifestly endeavors to conceal himself or any object. Unless flight by the person or other circumstances make it impracticable, a law enforcement officer shall, prior to any arrest for an offense under this Code section, afford the person an opportunity to dispel any alarm or immediate concern which would otherwise be warranted by requesting the person to identify himself and explain his presence and conduct. No person shall be convicted of an offense under this Code section if the law enforcement officer failed to comply with the foregoing procedure or if it appears at trial that the explanation given by the person was true and would have dispelled the alarm or immediate concern.

    (c)A person committing the offense of loitering or prowling shall be guilty of a misdemeanor.

    (d)This Code section shall not be deemed or construed to affect or limit the powers of counties or municipal corporations to adopt ordinances or resolutions prohibiting loitering or prowling within their respective limits.

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    yes I have in my possession, a legal GFL

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    Regular Member Fallschirmjäger's Avatar
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    You're good then . You could have told them to go bugger right off and been on firm legal ground.

    You weren't doing anything illegal, immoral, illicit or fattening, right? You had the right to be secure in your person and papers from government interference while about your lawful business.


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    yeah I asked if i was being detained, refuse to open my trunk because i told them i didnt consent to a search. i will write a letter and go speak with the police chief in person hopefully it will be the last time i have a problem :P

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    He then informs me of his opinion, that I dont need a gun thats what the police are for
    I wonder what the response would have been had you asked them how long it took them to respond to the MWAG call.

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    Regular Member Mainsail's Avatar
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    FogRider wrote:
    He then informs me of his opinion, that I dont need a gun thats what the police are for
    I wonder what the response would have been had you asked them how long it took them to respond to the MWAG call.
    No, just inform him of the time to report to your home in the morning for protective duty.

    "I'll expect you waiting in front of my house no later than 0800;we'll have errands to do all day so bring a lunch. Will you be riding with me will you be following in your car?"

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    anyone have an example of a letter written to the police and who ever i need to send it to DA etc? how i should structure it. I plan on getting it notarized and sent certified to inform them of the problem and to also to open them up to be persoanlly liable in the future if there are any more problems

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    If you haven't already, check outGeorgiaCarry.org. Also, GeorgiaPacking.org has lots of good information regarding Georgia's gun laws. It also has a forum as well.

  12. #12
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    Do we have any update on this issue?

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    rmodel65 wrote:
    yeah I asked if i was being detained, refuse to open my trunk because i told them i didnt consent to a search. i will write a letter and go speak with the police chief in person hopefully it will be the last time i have a problem :P
    Just go to the City Council Meeting with a few boys backing you up.:P

    Here in WVC the Mayor is Presiding, but the City Manager sits in as well as the Police Chief or his Ass. Chief

    TJ

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