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Questioned by LEO in albany wal mart

T.Hooks

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it was sunday about mid-day i had a friend come from valdosta to head to the shooting range with me. after a couple of boxes we decided to head to wal-mart to pick up a few things. i go into the wal-mart so often that i have friends in there now. i walked all over wal mart while OCing. no one said anything. i get to the electronic section and start looking at movies when i hear these little kids talking about shooting. i look up and laugh at what they are saying. as i turn back around i see a young lady with dear eyes looking at me. i continue to look for these movies and the yound lady walks up to my friend and says. "How can you walk beside a man with a gun?" she looks back at here and tells her that she owns one to. the employee looks back at me and ask all sorts of questions like. do you have a quick temper? if i was to start shooting which way should she run? why do i need a gun? and all that good stuff. im guessing throughout the whole convo someone over hears. next thing i know im surrounded by 2police officers who are asking me why do i have a gun and if i knew that i am commiting a felony. i told them i have a GFL and i didnt know it was a felony. they informed me that wal mart is considered a public gathering.. i laughed and said hell the hallway to my apartment can be a public gathering to.. needless to say they didnt find that too funny.Cop 2 informed me thatwith a GFL you can onlycarry in the streets and in your car because a buildingcan be a public gathering.they asked me if they could see my DL. i handed it over and they ran my name in their database. i noticed someone else OCing but i didnt say anything. i pointed it out to my friend and one of the cops looked that way with her. the first cop handed back my DL and asked if i would leave. i did because im not into the whole going to jail thing... the whole time they did not ask to see my GFL which i thought was very wierd. i call the police station to see if in fact i was in the wrong and i was placed on hold for about an hour. i decided to hang up and continue on with my life because i could tell they wanted to give me the run around.



is there any truth to what the officers told me and if so then what is the point of a GFL if every building can be considered a public gathering
 

exgabrit

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Well, there are few issues here.
1) LEO cannot request to see ID, specially your DL if you are not in your vehicle. Yes apparently you may choose to legally not show proof of ID to LEO.
2) Wal-Mart is pro-gun and allows GFL holders to conceal carry to their hearts content, they do prefer concealed over open carry and may request you conceal.
3) as some one has already mentioned, a store is not a public gathering.
4) the LEO's again have been proven to be clueless about the laws they are hired to uphold.
 

exgabrit

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Another note to consider. I print out the various regs regarding carrying firearms. Then should I get pulled over or stopped I can show the LEO paper with ink attached. I'll be printing that State v Burns.

Then there is no confusion for our poor friends who don't know the law.
 

Malum Prohibitum

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exgabrit wrote:
Well, there are few issues here.
1) LEO cannot request to see ID, specially your DL if you are not in your vehicle. Yes apparently you may choose to legally not show proof of ID to LEO.

Well, it sounds like he voluntarily showed it. Police can request anything they want. What matters is whether you have an obligation to respond.

I did not see any indications of force here.

If you do not stand up for your rights, then the courts will find that your rights are not violated. Anybody can consent to showing the i.d., just like you can consent to a hands on search or let them look in your car or your house.
 

exgabrit

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I think we all need to read up on what we legally can and cannot do because LEO's even though they do a great job, some of them are just clueless and think that they have a right to request everything, when in fact they do not and it's our job to not give a mile when an inch is lawfully required of us.
Because no sooner as we blink, a mile is expected and required and yet another part of freedom is chipped away. i.e. look at UK personal defence, harsh language is about as good as it gets.

Malum Prohibitum wrote:
exgabrit wrote:
Well, there are few issues here.
1) LEO cannot request to see ID, specially your DL if you are not in your vehicle. Yes apparently you may choose to legally not show proof of ID to LEO.

Well, it sounds like he voluntarily showed it. Police can request anything they want. What matters is whether you have an obligation to respond.

I did not see any indications of force here.

If you do not stand up for your rights, then the courts will find that your rights are not violated. Anybody can consent to showing the i.d., just like you can consent to a hands on search or let them look in your car or your house.
 

Malum Prohibitum

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exgabrit wrote:
LEO's even though they do a great job, some of them . . .think they have a right to request everything

But they do. That is my point. They can request anything. They can walk up to you out of the blue and ask what is your mother's maiden name and for whom you will be voting come November. They can ask what is your favorite color. Just about everything, including "Will you consent to a pat down search for my safety?" They can ask for i.d.

The courts have held that police can voluntarily engage anybody without any suspicion whatsoever.

So, the moment you show your i.d., you have just "volunteered."



Thanks for volunteering! :lol:
 

exgabrit

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I hate volunteering. Unless I'm paid. Then its fine :)

Malum Prohibitum wrote:
exgabrit wrote:
LEO's even though they do a great job, some of them . . .think they have a right to request everything

But they do. That is my point. They can request anything. They can walk up to you out of the blue and ask what is your mother's maiden name and for whom you will be voting come November. They can ask what is your favorite color. Just about everything, including "Will you consent to a pat down search for my safety?" They can ask for i.d.

The courts have held that police can voluntarily engage anybody without any suspicion whatsoever.

So, the moment you show your i.d., you have just "volunteered."



Thanks for volunteering! :lol:
 

Aberk

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Malum Prohibitum wrote:
T.Hooks wrote:
is there any truth to what the officers told me and if so then what is the point of a GFL if every building can be considered a public gathering


No. :lol:

Read this page:

http://www.georgiapacking.org/caselaw/statevburns.htm


Just curious: Are you a member of GCO? http://www.georgiacarry.org/

Some of my friends that I dont see very often ask me about carrying and the laws pertaining to it and laugh when I start to recite case law. I hope I never have to do it for a LEO, but at the same time I hope I have the opportunity.
 

Malum Prohibitum

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Aberk wrote:
Malum Prohibitum wrote:
T.Hooks wrote:
is there any truth to what the officers told me and if so then what is the point of a GFL if every building can be considered a public gathering


No. :lol:

Read this page:

http://www.georgiapacking.org/caselaw/statevburns.htm


Just curious: Are you a member of GCO? http://www.georgiacarry.org/

Some of my friends that I dont see very often ask me about carrying and the laws pertaining to it and laugh when I start to recite case law. I hope I never have to do it for a LEO, but at the same time I hope I have the opportunity.

I would not bother doing it for an LEO.

Am I free to go?

Anything else harms your cause. Leave and let him know the law in writing later.
 

Aberk

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Of course I would perfer that, but that questions always seems antagonistic to me. I just dont feel I could ask that question and not sound rude or stuck up in the LEO's eyes.

Malum Prohibitum wrote:
Aberk wrote:
Malum Prohibitum wrote:
T.Hooks wrote:
is there any truth to what the officers told me and if so then what is the point of a GFL if every building can be considered a public gathering


No. :lol:

Read this page:

http://www.georgiapacking.org/caselaw/statevburns.htm


Just curious: Are you a member of GCO? http://www.georgiacarry.org/

Some of my friends that I dont see very often ask me about carrying and the laws pertaining to it and laugh when I start to recite case law. I hope I never have to do it for a LEO, but at the same time I hope I have the opportunity.

I would not bother doing it for an LEO.

Am I free to go?

Anything else harms your cause. Leave and let him know the law in writing later.
 

TrkJky

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Macon, Georgia, USA
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Aberk wrote:
Of course I would perfer that, but that questions always seems antagonistic to me. I just dont feel I could ask that question and not sound rude or stuck up in the LEO's eyes.

Malum Prohibitum wrote:
Aberk wrote:
Malum Prohibitum wrote:
T.Hooks wrote:
is there any truth to what the officers told me and if so then what is the point of a GFL if every building can be considered a public gathering


No. :lol:

Read this page:

http://www.georgiapacking.org/caselaw/statevburns.htm


Just curious: Are you a member of GCO? http://www.georgiacarry.org/

Some of my friends that I dont see very often ask me about carrying and the laws pertaining to it and laugh when I start to recite case law. I hope I never have to do it for a LEO, but at the same time I hope I have the opportunity.

I would not bother doing it for an LEO.

Am I free to go?

Anything else harms your cause. Leave and let him know the law in writing later.


Wouldn't bother me to ask if I am free to go regardless. They are on my time if there is no reason to stop me. I'm just a butt about those things anyway. My 2 cents
 

mzmtg

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Nice of that guy to let you off the hook after he witnessed you committing a felony.
 

BJ_Boyd

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Jul 8, 2008
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Albany-Sylvester, Georgia, USA
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I go in this walmart alot also. I assume it was Lee Co. Deputys? Get officer names and talk to their superviser and recommend they be educated on current civilian carry laws, if it happens again.

I can't imagine anyone from management calling the LEO's, I've been in that walmart with a friend that bought a .22 rifle and the manager walked us out with the rifle my friend bought, and my Glock 23 rideing on my hip. As we walked through the store me and the manager got into a good conversation about the Glock OC'd on my hip and what kind of shooting i was into (target/hunting), apparantly he has a problem with squirrels.
 

T.Hooks

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albany, Georgia, USA
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yes sir... it was good ol Lee County.. it was theofficer with the GT plates on his cruiser. the onewho parks by the door thats closest to hibbett and his partner or back up if you will. when i go back we always make eye contact and he kinda looks to see if i am carrying. i find it all in good fun. i had told myself that i was going to walk infront of him carrying one day but i wont walk into wal mart. should give a good laugh if he has to get out of that car
 
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