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Thread: Federal judge rules concealed carry is probable cause of criminal activity under Georgia law

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    Regular Member mark5019's Avatar
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    Strange that Georgia's legislature would use different langague for carrying openly v. concealed even though both require a permit - and odd that the Judge apparently did not mention the Prouse case in his opinion - in Prouse, the U S. Ct. said drivers cannot be stopped just to check if they have a driver's license.

    Seems to me the same principle is at issue here.

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    I believe the problem was not that he was carrying concealed per se, but rather the fact that he was seen concealing it prior to entering the rapid transit property. Had he not been "playing" with the damned thing beforehand, none of this would have happened. His actions provoked a reasonable suspicion.

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    Regular Member mark5019's Avatar
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    thats bull, if im seeing getting into a car is that alone reason to pull me over?
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    Ah, but what was your condition before getting into the car? Were you staggering all over the place? That, indeed, would be a reason.

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    Regular Member mark5019's Avatar
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    true but here in ga oc is legal with a gfl
    so just because im seen with a handgun isnt justified
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    Statkowski wrote:
    Ah, but what was your condition before getting into the car? Were you staggering all over the place? That, indeed, would be a reason.
    its legal to be plastered and carry in GA, just cant drink at a bar or discharge unless in fear of your life

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    Regular Member mark5019's Avatar
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    wrong

    Possession and/or discharge of a firearm while under the influence
    It is against the law to be in possession of firearm while engaged in hunting and fishing activities or discharge a firearm while under the influence of alcohol or any drug or any combination of alcohol and any drug to the extent that it is unsafe for the person to discharge such firearm except in the defense of life, health, and property;
    It is also against the law to discharge a firearm while engaged in any shooting activity while under the influence of alcohol or any drug or any combination of alcohol and any drug.
    It is NO defense to violation of this law even if you are legally entitled to use such a drug (prescription). (16-11-134, 27-3-7)
    You may carry a firearm into a restaurant that serves alcohol (gross annual sales are made up of more than 50% from food, check their business license if you are not sure if they are a bar or restaurant) as long as you do not drink alcohol. (16-11-127)
    http://www.georgiapacking.org/law.php

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    mark5019 wrote:
    wrong

    Possession and/or discharge of a firearm while under the influence
    It is against the law to be in possession of firearm while engaged in hunting and fishing activities or discharge a firearm while under the influence of alcohol or any drug or any combination of alcohol and any drug to the extent that it is unsafe for the person to discharge such firearm except in the defense of life, health, and property;
    It is also against the law to discharge a firearm while engaged in any shooting activity while under the influence of alcohol or any drug or any combination of alcohol and any drug.
    It is NO defense to violation of this law even if you are legally entitled to use such a drug (prescription). (16-11-134, 27-3-7)
    You may carry a firearm into a restaurant that serves alcohol (gross annual sales are made up of more than 50% from food, check their business license if you are not sure if they are a bar or restaurant) as long as you do not drink alcohol. (16-11-127)
    http://www.georgiapacking.org/law.php
    ok you cant hunt with it esp since you can discharge it, but if not hunting or camping you can be plastered.....but like i said in self defense you can.... only thing different from i posted and you did was not carrying hunting/fishing

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    Statkowski wrote:
    I believe the problem was not that he was carrying concealed per se, but rather the fact that he was seen concealing it prior to entering the rapid transit property. Had he not been "playing" with the damned thing beforehand, none of this would have happened. His actions provoked a reasonable suspicion.
    How? What suspicion? Concealed carry is lawful in Georgia. If its lawful then the LEO has to have some RAS that that particular person was NOT licensed to conceal.

    Like driving a car, LEO's can't just stop you to see if you have a licenses they need more to make the stop. The US Supreme court has even affirmed this.
    An Amazon best seller "MY PARENTS OPEN CARRY" http://www.myparentsopencarry.com/

    *The information contained above is not meant to be legal advice, but is solely intended as a starting point for further research. These are my opinions, if you have further questions it is advisable to seek out an attorney that is well versed in firearm law.

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    Activist Member hamaneggs's Avatar
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    You mean Liberal-Anti-Gun-Federal Judge!
    Today JESUS would tell me to sell my coat and buy two Springfield XD Compact 45acp's!

    NRA LIFER,GOA,MOC Inc.,CLSD,MCRGO,UAW! MOLON LABE!!

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    Statkowski wrote:
    I believe the problem was not that he was carrying concealed per se, but rather the fact that he was seen concealing it prior to entering the rapid transit property. Had he not been "playing" with the damned thing beforehand, none of this would have happened. His actions provoked a reasonable suspicion.
    That's a bunch of bull. Unless you have a really expensive holster, driving with my weapon on my hip is very uncomfortable and I, for myself, seldome do that. I always holster when getting out of my vehicle. I don't see how that's "playing" wih it.

    Not sure if you realize this ruling is a big blow to 2A.

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