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Thread: Federal Judge Rules Concealed Carry is Probaable Cause of Criminal Activity

  1. #1
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    Press release can be found here http://www.examiner.com/x-5619-Atlan...examiner-email

    I've been following this story for several weeks and all the details can be found in the Georgia forums.

    Would like your opinions on the whole case (please read up on the MARTA case if you can. Info found in Georgia Carry).

  2. #2
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    Their (GA) law is written differently from ours (VA). Theirs is written that having a carry permit is a defense for the crime of carrying a concealed weapon. Here, having a concealed handgun permit exempts you from part of that law (handguns, not weapons) to begin with. At least that's how I understand it from my short time reading up on the situation down there.

  3. #3
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    SEE!! SEE!!!! It's dishonest like, to be concealing your gun!! Cuz yer tryin' to be sneaky! An criminals are sneaky!!

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    O.C.G.A. ยง 16-11-125
    Burden of proof as to exemptions
    In any complaint, accusation, or indictment and in any action or proceeding brought for the enforcement of this part it shall not be necessary to negative any exception, excuse, proviso, or exemption contained in this part, and the burden of proof of any such exception, excuse, proviso, or exemption shall be upon the defendant.


    The judge must have based his ruling on the above statute. With this wording, it gives the MARTA cops 'probable cause'.; however, while this justified them to do an investigation, that investigation should have ended when the man provided his ID and conceal carry license.
    At first, I was convinced that these cops did not have probable cause based on the 4th Amendment and precedence set by "Delware v. Prouse" but the crime of "operating a motor vehicle" does not have this provision in its statute. (I couldn't kind it)
    This provision will have to be removed or dramatically restructured, otherwise any police officer can stop you to ensure you have a carry license.

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    16-11-125 is an affirmative Defense only to Georgia Laws 16-11-121 through 16-11-124, as they pertain to so called 'Dangerous Weapons'

    A 'Dangerous Weapon(s)' is any Firearm regulated under Federal Law requireing to registered under such.Namely: Machine Guns, Sawed-off Shotguns, Sawed-off Rifles, and Silencers.

    16-11-125 has all of the same exceptions as are listed under Federal Law pertaining to the ownership and possesion of so-called 'Dangerous Weapons'.

    16-11-126 through 16-11-129 have their own exception under Georgia Law. That Code Section is 16-11-130, and it does not apply to the average Citizen.



  6. #6
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    My mistake-- I was reading the code on Georgia Packing, which I did not see the Statutes 'Part' separating the two groups. On LexisNexis, I see what you're referring to.

    Where did the judge site the probable cause from in Georgia Law? I've read through the exemptions, but they are exemptions from having a license, not burdon of exemptions.

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