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Thread: Illegal OC Confiscation-Augusta, 1 August

  1. #1
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    Basically MWAG call without management saying anything. Walking to my car outside of a Kroger's and a rookie sheriff rolls up and confiscates my OC pistol and gives me a receipt while berating me and threatening disorderly conduct arrest multiple times for "interrupting" him.

    AD military, have a GFL that I'm not even required to maintain, obv wasn't breaking any laws, just getting groceries just like I have been in the same store while OC'ing for the last 2 years. I've pretty much OC'd everywhere around Augusta with zero problems before this piece of work.

    Still waiting for GCO lawyers so that's all for now.

    Stay safe, stay second amendment.

  2. #2
    mdgary
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    You were'nt in augusta ,south carolina were you. because parts of north augusta is in SC

  3. #3
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    devo1123 wrote:
    Basically MWAG call without management saying anything. Walking to my car outside of a Kroger's and a rookie sheriff rolls up and confiscates my OC pistol and gives me a receipt while berating me and threatening disorderly conduct arrest multiple times for "interrupting" him.

    AD military, have a GFL that I'm not even required to maintain, obv wasn't breaking any laws, just getting groceries just like I have been in the same store while OC'ing for the last 2 years. I've pretty much OC'd everywhere around Augusta with zero problems before this piece of work.

    Still waiting for GCO lawyers so that's all for now.

    Stay safe, stay second amendment.
    Do they still have your gun?

  4. #4
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    Open carry another gun when you go to pick up this gun

  5. #5
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    Yes, they still have the gun.

  6. #6
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    Mike wrote:
    Open carry another gun when you go to pick up this gun
    Excellent idea except that that's my only pistol so far. I always thought that if I didn't have that one around I was prob dead anyway. I'm still young and haven't got around to investing in a few more but this is another good reason to start.

  7. #7
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    Mike wrote:
    Open carry another gun when you go to pick up this gun
    Georgia's public gathering law presents a huge problem with that, Mike. This is not Virginia. He would be arrested.

  8. #8
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    Malum Prohibitum wrote:
    Mike wrote:
    Open carry another gun when you go to pick up this gun
    Georgia's public gathering law presents a huge problem with that, Mike.* This is not Virginia.* He would be arrested.
    Except I'm in the military and according to O.C.G.A. § 16-11-130:

    O.C.G.A. § 16-11-130
    Exemptions from Code Sections 16-11-126 through 16-11-128

    (a) Code Sections 16-11-126 through 16-11-128 shall not apply to or affect any of the following persons if such persons are employed in the offices listed below or when authorized by federal or state law, regulations, or order:

    ...

    (3) Persons in the military service of the state or of the United States;

    ...

    So as I read it, I'm not even required to maintain my GFL. The problem is that it's hard to rely on every LEO to know these simple laws, which is why from now on I'm going to carry a copy of them in my car.

    I still probably couldn't/wouldn't attempt to carry into a secured by metal detector law enforcement center. I'm hoping that in the end, the same deputy that confiscated it will deliver it to my house. We'll see what happens.

  9. #9
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    You'd still be arrested.



    Lawsuit number two . . .

  10. #10
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    Malum Prohibitum wrote:
    Mike wrote:
    Open carry another gun when you go to pick up this gun
    Georgia's public gathering law presents a huge problem with that, Mike. This is not Virginia. He would be arrested.
    OK, admittedly I'm not up on what a "public gathering" is in Georgia (we need to update our off limits entries for all states) but apparently it is not a restaurant or WalMart but it is a Sheriff's office?

    Wow.

  11. #11
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    Malum Prohibitum wrote:
    You'd still be arrested.*

    *

    Lawsuit number two . . .
    Touche, sir.

  12. #12
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    Mike wrote:
    Malum Prohibitum wrote:
    Mike wrote:
    Open carry another gun when you go to pick up this gun
    Georgia's public gathering law presents a huge problem with that, Mike. This is not Virginia. He would be arrested.
    OK, admittedly I'm not up on what a "public gathering" is in Georgia (we need to update our off limits entries for all states) but apparently it is not a restaurant or WalMart but it is a Sheriff's office?

    Wow.
    Oh, it is so much more than that (although devo is exempt, as he said).

    It includes, "but is not limited to" (yes, that is in the statute)churches and church functions, political rallies and functions, publicly owned and operated buildings (yeah, rest stops), places that serve alcohol (except restaurants as of July 1), sporting events, and more. Case law has decided that the parking lot of an auto auction is a public gathering. A crowd of bored teenagers in a parking lot ispublic gathering. Any parking lot adjacent toa public gathering is also a public gathering, and parking off premises up to 200 yards away is also carrying a deadly weapon to or while at a public gathering (that is nota maximum, rather, we just know that this is how far courts have already gone).

    It includes 4th of July public BBQs.

    I am sure there is more. The only place we know for sure is not a public gathering is McDonalds, and that is because a police officer arrested a firearms license holder there, and the Court of Appeals held in 1991 that this was not a public gathering.



    A lot of work left in Georgia . . .

  13. #13
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    mdgary wrote:
    You were'nt in augusta ,south carolina were you. because parts of north augusta is in SC
    http://en.wikipedia.org/wiki/North_A...South_Carolina

    There is no "Augusta, SC". The town's name is North Augusta and no, I wasn't there. Augusta and North Augusta are seperated by the Savannah River and I definitely stash my pistol in the glovebox each time I cross it heading East.

    I was pulled over in Newberry County, SC once and the deputy was extremely cool when I told him that I lived in Georgia and he was going to see a stainless Beretta once I opened the glovebox to get my paperwork. He told me to put it on the floor while we talked so I put it on the dash. Who wants to scratch up their piece?

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