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Thread: GCO Sues Another Sheriff Deputy

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    (7) Another "Man With a Gun" Lawsuit

    GCO wishes to preface this item by stating very clearly that it believes that the vast majority of law enforcement officers in Georgia are law abiding and seek to enforce the law within the bounds of the Constitution, respecting not only your right to bear arms but your Fourth Amendment right to be free from unreasonable searches and seizures. There has been a disturbing trend, however, becoming more pronounced after the passage of HB 89, among a small minority of officers, to harass and intimidate those who are observed carrying a firearm. You will recall that GCO filed a federal lawsuit in the Zachary Mead case, after a Richmond County Sheriff's Deputy seized Mr. Mead's firearm (which was returned once the Sheriff's department learned that Mr. Mead had retained legal counsel).

    In the most recent lawsuit, the consequences were more grave. GCO Member Luke Woodard was pulled over while leaving a convenience store in Paulding County. Mr. Woodard was carrying a firearm openly - so openly, in fact, that the 911 call to the Sheriff's Department came from a business across the street. The deputy who stopped Mr. Woodard not only seized his gun, but he arrested Mr. Woodard! The deputy charged Mr. Woodard with carrying a concealed weapon.

    Yes, you read that correctly. The firearm was carried openly, and Mr. Woodard had a Georgia Firearms License, but the deputy charged Mr. Woodard with carrying a concealed weapon. He also charged Mr. Woodard with disorderly conduct, ostensibly for putting people in fear of their lives.

    In addition to going to the Paulding County jail, where he was booked and had to post a bond before he could be released, Mr. Woodard lost a second firearm to a backup deputy who seized it when Mr. Woodard (before he knew he was going to be arrested) voluntarily informed the deputy that there was a second firearm in a case on the seat. So much for being helpful.

    While the two criminal charges were pending, Mr. Woodard's firearms license expired, and, because he had a charge pending for carrying a concealed weapon (it was carried openly! openly! and with a license!), he was ineligible under the law to renew his firearms license. As a result, Mr. Woodard lost his right to carry a firearm altogether. Criminal defense attorney Doug King, from Marietta, represented Mr. Woodard during his criminal case, and the prosecutor dropped all charges.

    John Monroe is representing Mr. Woodard in a civil rights lawsuit. You may view the lawsuit here. The case has been assigned to United States Federal District Judge Harold Murphy, another Carter appointee.

    While GCO is reluctant to sue law enforcement officers, especially given the number of current and former law enforcement officers that are members of GCO and whose support we greatly appreciate, this harassment of law abiding gun owners by a tiny minority of law enforcement officers has gone too far and must be stopped. GCO has tried writing letters and engaging in other educational efforts but has been ignored. Filing these lawsuits was the last ditch effort to resolve this situation.

    GCO is fighting for your right to bear arms. If you can be stopped, forcibly, any time any police officer observes you with a weapon, absent any suspicious circumstances whatsoever, then you have no right to bear arms. GCO is filing these lawsuits today in the hope that no lawsuits will be necessary tomorrow.

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    Georgia and the U.S. Constitution are so lucky to have GCO around. Shall not be infringed shall be heard far and wide.

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    Moderator / Administrator Grapeshot's Avatar
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    It is indeed unfortunate that suits must be filled to get those entrusted with enforcing the law to follow said laws.

    Yata hey
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    well let's be realistic. Let's take amendment 1 of the federal constitution. Till this day we still have tons of law suits being filled against police officers infringing on that right. Just watch a youtube video of a protest at either the DNC or RNC conventions. Or anywhere in NYC. If from 10 years from now open carry is the norm like concealed carry is excepted at the moment, you will still have government infringement. That's why it's so important that we we cherish our rights and actually use them. And if the time comes fight them like hell to defend our rights

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    They answered the complaint denying everything, and all early indications are that they intend to fight aggressively (so they say).

    Bring it on!

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    Anybody from Wisconsin please read this one. Officers arrest in Georgia for disorderly conduct for open carry. Wisconsin is not special, and neither are you.



    :celebrate

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    *

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    Pointman wrote:
    Malum Prohibitum wrote:
    Anybody from Wisconsin please read this one. Officers arrest in Georgia for disorderly conduct for open carry. Wisconsin is not special, and neither are you.
    I read it. I throw a peach at you. No, I take that back. The peach is worth something.
    You can't even be productive in your internet posting. I guess it is too muchfor me to expect you to be productive in real life -on the advocacy front.

    The point here is that what happens in Wisconsin is not a special case, and it can be dealt with - successfully - in the same manner as Georgians are dealing with it. But yes, it will take time, effort, and money.



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    Moderator / Administrator Grapeshot's Avatar
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    rmodel65 wrote: Excellent article - thanks for the link.

    Yata hey
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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