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Thread: Carry booboo

  1. #1
    Regular Member bmbaker2k5's Avatar
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    Carry booboo

    Well ran to the gwinnett county court house to pick up some papers. I carry concealed all the time. Wool got in and started taking off my boots and belt then realized my .380 is still in my waistline.... Fortunately my uncle is a gwinnett county sheriffs deputy and they know me up there so I weren't to the deputy on duty and explained she laughed and told me I could go put it in my vehicle.

    Lets post all carry booboos and mishaps. Would be intersecting to hear other peoples stories

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  2. #2
    Regular Member Kingfish's Avatar
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    A carry "booboo" is a crime for those of us without friends in the right places.

    So, no. I would not (and would advise others not to) share any "booboo" if I ever had one.

  3. #3
    Regular Member bmbaker2k5's Avatar
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    I've seem multiple people run into a simular case. They come clean about the mistake right away and fix it then there is no problem or crime.

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    Regular Member Kingfish's Avatar
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    It is still a crime. Just because LE decides not to arrest some people does not make it less of a crime.


    § 16-11-127. Carrying weapons in unauthorized locations; penalty


    (b) A person shall be guilty of carrying a weapon or long gun in an unauthorized location and punished as for a misdemeanor when he or she carries a weapon or long gun while:

    (1) In a government building;

    (2) In a courthouse;


    Edited to add #2 above.
    Last edited by Kingfish; 02-15-2011 at 05:20 PM.

  5. #5
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by bmbaker2k5 View Post
    Well ran to the gwinnett county court house to pick up some papers. I carry concealed all the time. Wool got in and started taking off my boots and belt then realized my .380 is still in my waistline.... Fortunately my uncle is a gwinnett county sheriffs deputy and they know me up there so I weren't to the deputy on duty and explained she laughed and told me I could go put it in my vehicle.

    Lets post all carry booboos and mishaps. Would be intersecting to hear other peoples stories

    Sent from my SPH-D700 using Tapatalk
    Such lapses can return to bite you when posted to a public forum, especially if one is faced with a later technical infraction and the PA searches to find any evidence of past indiscretions. Chose your words wisely and only post what your attorney would like the opposition to know. ymmv
    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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    Note (D) (2) below there is a process for notification in the code....


    O.C.G.A. § 16-11-127
    Carrying weapons in unauthorized locations; penalty

    (a) As used in this Code section, the term:

    (1) "Bar" means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages, including, but not limited to, taverns, nightclubs, cocktail lounges, and cabarets.

    (2) "Courthouse" means a building occupied by judicial courts and containing rooms in which judicial proceedings are held.

    (3) "Government building" means:

    (A) The building in which a government entity is housed;

    (B) The building where a government entity meets in its official capacity; provided, however, that if such building is not a publicly owned building, such building shall be considered a government building for the purposes of this Code section only during the time such government entity is meeting at such building; or

    (C) The portion of any building that is not a publicly owned building that is occupied by a government entity.

    (4) "Government entity" means an office, agency, authority, department, commission, board, body, division, instrumentality, or institution of the state or any county, municipal corporation, consolidated government, or local board of education within this state.

    (5) "Parking facility" means real property owned or leased by a government entity, courthouse, jail, prison, place of worship, or bar that has been designated by such government entity, courthouse, jail, prison, place of worship, or bar for the parking of motor vehicles at a government building or at such courthouse, jail, prison, place of worship, or bar.

    (b) A person shall be guilty of carrying a weapon or long gun in an unauthorized location and punished as for a misdemeanor when he or she carries a weapon or long gun while:

    (1) In a government building;

    (2) In a courthouse;

    (3) In a jail or prison;

    (4) In a place of worship;

    (5) In a state mental health facility as defined in Code Section 37-1-1 which admits individuals on an involuntary basis for treatment of mental illness, developmental disability, or addictive disease; provided, however, that carrying a weapon or long gun in such location in a manner in compliance with paragraph (3) of subsection (d) of this Code section shall not constitute a violation of this subsection;

    (6) In a bar, unless the owner of the bar permits the carrying of weapons or long guns by license holders;

    (7) On the premises of a nuclear power facility, except as provided in Code Section 16-11-127.2, and the punishment provisions of Code Section 16-11-127.2 shall supersede the punishment provisions of this Code section; or

    (8) Within 150 feet of any polling place, except as provided in subsection (i) of Code Section 21-2-413.

    (c) Except as provided in Code Section 16-11-127.1, a license holder or person recognized under subsection (e) of Code Section 16-11-126 shall be authorized to carry a weapon as provided in Code Section 16-11-135 and in every location in this state not listed in subsection (b) of this Code section; provided, however, that private property owners or persons in legal control of property through a lease, rental agreement, licensing agreement, contract, or any other agreement to control access to such property shall have the right to forbid possession of a weapon or long gun on their property, except as provided in Code Section 16-11-135. A violation of subsection (b) of this Code section shall not create or give rise to a civil action for damages.

    (d) Subsection (b) of this Code section shall not apply:

    (1) To the use of weapons or long guns as exhibits in a legal proceeding, provided such weapons or long guns are secured and handled as directed by the personnel providing courtroom security or the judge hearing the case;

    (2) To a license holder who approaches security or management personnel upon arrival at a location described in subsection (b) of this Code section and notifies such security or management personnel of the presence of the weapon or long gun and explicitly follows the security or management personnel's direction for removing, securing, storing, or temporarily surrendering such weapon or long gun; and

    (3) To a weapon or long gun possessed by a license holder which is under the possessor's control in a motor vehicle or is in a locked compartment of a motor vehicle or one which is in a locked container in or a locked firearms rack which is on a motor vehicle and such vehicle is parked in a parking facility.

  7. #7
    Regular Member bmbaker2k5's Avatar
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    Quote Originally Posted by rmodel65 View Post

    (d) Subsection (b) of this Code section shall not apply:

    (2) To a license holder who approaches security or management personnel upon arrival at a location described in subsection (b) of this Code section and notifies such security or management personnel of the presence of the weapon or long gun and explicitly follows the security or management personnel's direction for removing, securing, storing, or temporarily surrendering such weapon or long gun; and
    This is what I was talking about. Even if the officer, deputy, security is uptight about I and tries to get you on a misdemeanor you are still protected by law. They put this because it is inevitably going to happen. Like with me. I wouldn't post if I've done illegal stuff, which I never have, it would be stupid.

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  8. #8
    Regular Member Kingfish's Avatar
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    (2) To a license holder who approaches security or management personnel upon arrival at a location described in subsection (b) of this Code section and notifies such security or management personnel of the presence of the weapon or long gun and explicitly follows the security or management personnel's direction for removing, securing, storing, or temporarily surrendering such weapon or long gun; and
    Quote Originally Posted by bmbaker2k5 View Post
    This is what I was talking about. Even if the officer, deputy, security is uptight about I and tries to get you on a misdemeanor you are still protected by law. They put this because it is inevitably going to happen. Like with me. I wouldn't post if I've done illegal stuff, which I never have, it would be stupid.
    According to your post you did not "approach security or management personnel upon arrival at a location". You said it was while you were taking off your boots and belt that you realized you were armed and then went to security. So, you were in violation since you did not approach security upon arrival.

  9. #9
    Regular Member stuckinchico's Avatar
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    He is clearly in the clear

  10. #10
    Regular Member HandyHamlet's Avatar
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    "Don't interfere with anything in the Constitution. That must be maintained, for it is the only safeguard of our liberties."
    Abraham Lincoln

    "Some time ago, a bunch of lefties defied the law by dancing at the Jefferson Memorial, resulting in their arrests. Last week, a bunch of them pulled the same stunt and - using patented Lefist techniques - provoked the Park Police into having to use force to arrest them."
    Alexcabbie

  11. #11
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    No Boo-boo's, Please

    I'm not sure I'm reading the quoted statute correctly, but it does seem the OP might be in the clear, especially if he was taking off boots and belt upon arrival preparatory to passing through a magnetometer. The statute seems like a thoughtful exception for an innocent and perfectly human "forgot."

    However, I do support the earlier posts about not posting errors. For plenty of people such can get you into a lot of hot water. Just to give an example of the mindset of some LE and security, a teen in England was arrested for turning in a cell phone he found. The bobbies charged him with stealing it.

    There was the case a couple years ago of the armed citizen driving on airport property (LAX?) with a few long guns and ammo. Innocent mistake. Busted.

    People have been busted for having a round in their pocket they forgot about.

    So, no boo-boo's, please. Unless you're picnicing in Jellystone with Yogi Bear.

  12. #12
    Regular Member Kingfish's Avatar
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    Quote Originally Posted by Citizen View Post
    I'm not sure I'm reading the quoted statute correctly, but it does seem the OP might be in the clear, especially if he was taking off boots and belt upon arrival preparatory to passing through a magnetometer.
    Not sure if the OP approched security "upon arrival" or not. If he was waiting in line and to be screened then it would not seem that it was "upon arrival". It would be after he was already in the building.

    Quote Originally Posted by Citizen View Post
    The statute seems like a thoughtful exception for an innocent and perfectly human "forgot."
    The statute does not say "after you have been in the building for a while and realize you have a weapon on you, you can then bring it to our attention." The statute says "UPON ARRIVAL".

    ARRIVAL
    ar·riv·al
    noun \ə-ˈrī-vəl\
    1: the act of arriving

    ARRIVE
    ar·rivedar·riv·ing
    1
    a : to reach a destination

    http://www.merriam-webster.com/dictionary/arriving

  13. #13
    Regular Member Kingfish's Avatar
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    Quote Originally Posted by stuckinchico View Post
    He is clearly in the clear
    I agree since he has friends in LE. Others might not be so fortunate.

  14. #14
    Regular Member bmbaker2k5's Avatar
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    Look. If you go into an establishement and are waiting in line then realize oh my I have my firearm and notify security they have no legal right to aprehend you if you follow their instructions.

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by bmbaker2k5 View Post
    Look. If you go into an establishement and are waiting in line then realize oh my I have my firearm and notify security they have no legal right to aprehend you if you follow their instructions.

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    Pro
    Please provide cite for this contention.

    Surely you are not suggesting that following instructions will in some way diminish or cancel probable cause.

    If you enter a location where carrying a handgun is in violation of law, you may assuredly be legally detained and arrested. Never have heard "oh, I forgot" to be a valid get out of jail free card.
    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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    I don't think bmbaker2k5 articulated the incident too well but it appears as if he was at the security check point and was being screened when he remembered his firearm (hence taking the boots off) and told the deputy about it. If that is the case then he is fine, no law was broken.
    Even if he made it through the check point, glad the deputy used some discretion. FYI LEOs can do that in this state (except domestic assaults). Also if he did get past the check point that meant the deputy was not thoroughly doing their job. Just saying.
    Last edited by dtom; 02-20-2011 at 07:17 PM.

  17. #17
    Regular Member bmbaker2k5's Avatar
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    Everyone saying I was in the wrong probably had a run in with an officer at done point or another and just sour because nothing happened to me. And they are just trying to make me look wrong.

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  18. #18
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by bmbaker2k5 View Post
    Everyone saying I was in the wrong probably had a run in with an officer at done point or another and just sour because nothing happened to me. And they are just trying to make me look wrong.

    Posted from my Samsung EPIC 4G on Nationwide Sprint Network using Tapatalk Pro
    You give too little credit to us. Sincerely doubt that anyone here is "sour because nothing happened" to you. Most would be relieved and think you very lucky.

    Where we have a problem is in your previous post wherein you stated "If you go into an establishement and are waiting in line then realize oh my I have my firearm and notify security they have no legal right to aprehend you if you follow their instructions."

    That was not expressed as an opinion and would appear to be your belief as a statement of fact. We have a formal, written rule here on OCDO that covers this:

    CITE TO AUTHORITY: If you state a rule of law, it is incumbent upon you to try to cite, as best you can, to authority. Citing to authority, using links when available,is what makes OCDO so successful. An authority is a published source of law that can back your claim up - statute, ordinance, court case, newspaper article covering a legal issue, etc.
    http://forum.opencarry.org/forums/misc.php?do=showrules

    This is pointed out not to cause you any embarrassment or ill feelings, but to help you function as a contributing poster - and further to help any not quite so well informed newbies to not take your word for something like this - then find themselves in a difficult position for talking such ill conceived advice.
    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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    Quote Originally Posted by Grapeshot View Post
    You give too little credit to us. Sincerely doubt that anyone here is "sour because nothing happened" to you. Most would be relieved and think you very lucky.

    Where we have a problem is in your previous post wherein you stated "If you go into an establishement and are waiting in line then realize oh my I have my firearm and notify security they have no legal right to aprehend you if you follow their instructions."

    That was not expressed as an opinion and would appear to be your belief as a statement of fact. We have a formal, written rule here on OCDO that covers this:

    CITE TO AUTHORITY: If you state a rule of law, it is incumbent upon you to try to cite, as best you can, to authority. Citing to authority, using links when available,is what makes OCDO so successful. An authority is a published source of law that can back your claim up - statute, ordinance, court case, newspaper article covering a legal issue, etc.
    http://forum.opencarry.org/forums/misc.php?do=showrules

    This is pointed out not to cause you any embarrassment or ill feelings, but to help you function as a contributing poster - and further to help any not quite so well informed newbies to not take your word for something like this - then find themselves in a difficult position for talking such ill conceived advice.
    He cited it in post #7 and the relevant code section was posted in post #6.

  20. #20
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by Grapeshot View Post
    You give too little credit to us. Sincerely doubt that anyone here is "sour because nothing happened" to you. Most would be relieved and think you very lucky.

    Where we have a problem is in your previous post wherein you stated "If you go into an establishement and are waiting in line then realize oh my I have my firearm and notify security they have no legal right to aprehend you if you follow their instructions."

    That was not expressed as an opinion and would appear to be your belief as a statement of fact. We have a formal, written rule here on OCDO that covers this:

    CITE TO AUTHORITY: If you state a rule of law, it is incumbent upon you to try to cite, as best you can, to authority. Citing to authority, using links when available,is what makes OCDO so successful. An authority is a published source of law that can back your claim up - statute, ordinance, court case, newspaper article covering a legal issue, etc.
    http://forum.opencarry.org/forums/misc.php?do=showrules

    This is pointed out not to cause you any embarrassment or ill feelings, but to help you function as a contributing poster - and further to help any not quite so well informed newbies to not take your word for something like this - then find themselves in a difficult position for talking such ill conceived advice.
    Quote Originally Posted by dtom View Post
    He cited it in post #7 and the relevant code section was posted in post #6.
    You have reversed the two posts and who made them.

    Post #6 is not his and details what is illegal - nothing about after you have entered - gone past security which is the impression given.

    Post #7 (his post) does not seem to change that. If it was not clear or if I misunderstood, then therein lies the problem. I understand the "mistake" at the point of security, but not after.
    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.

  21. #21
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    Quote Originally Posted by Grapeshot View Post
    You have reversed the two posts and who made them.

    Post #6 is not his and details what is illegal - nothing about after you have entered - gone past security which is the impression given.

    Post #7 (his post) does not seem to change that. If it was not clear or if I misunderstood, then therein lies the problem. I understand the "mistake" at the point of security, but not after.
    I intentionally done that in regards to the posts. You asked him to cite his claim which he had already done in "his" post #7. Since he only copied part of the code section that did not include the section and chapter etc, (e.g. O.C.G.A. § 16-11-127), I then referenced the preceding post, #6, were the relevant code section was already posted instead of re-posting it.
    As for your statement of "I understand the "mistake" at the point of security, but not after." If I under stand you correctly you're inferring the deputy made a "mistake" by letting him go then I had already addressed that issue too. GA LEOs can exercise discretion in most incidents and not charge, cite, summons or arrest a person. The only exception to that rule, that I can think of at the moment, is domestic assault incidents.
    Now if you were literally interpret the part of the law and disregard the rest of Title 16 then you could possible argue that he was in violation. How ever if you were to go back to the beginning of the "Criminal Code of Georgia" which is Title 16 then start reading Chapters one through Chapter two you will see the deputy made the right call. (OCGA 16-1-1 through 16-2-6)

    I attempted to address some of this in my previous post but when I submitted it, the forum was doing some type of up date and lost my entire post. I was too tired to go back and retype it all.

  22. #22
    Moderator / Administrator Grapeshot's Avatar
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    Consolidation of thread

    First we have the OP who carries a handgun into an illegal area and then states,

    "Wool got in and started taking off my boots and belt then realized my .380 is still in my waistline.... Fortunately my uncle is a gwinnett county sheriffs deputy and they know me up there..."

    These statements are telling - the OP was NOT upon arrival at a location, he was well past that. Why was he taking his boots and belt off? Was he changing clothes - is he some form of uniformed employee or are removing boots and belt a normal security measure? - I doubt that. He further suggests that he knew he had broken the law, but got off on the basis of favoritism.

    Then we are told to not worry about it if you come clean. The cite I asked for has never been satisfied - something in defense of after you have fully entered. I cannot and will not accept that if I am in a secure facility 5 min, 30 min or 2 hrs and then come tell an officer that I have a gun that I will be excused and get a free pass. Please try that in a court room and let me know how that works out.

    So we have now 2 rule violations of OCDO: failure to cite (specifically after fully entering) and now dtom attributes quotes falsely for his convenience.

    No poster with recognition here for being accurate and with the ability to assist you with a cite has chimed in - to the contrary another has said you are wrong. No lawyer's opinion has been given which would be expected to include cites.

    In short, this thread and the poster supporting the OP's position would seem to be very wanting in substance and therefore devoid of merit. Anyone following their advice to the extreme suggested is likely to be wearing new wrist jewelry - I would not consider for even a second that the rule of law would protect me.
    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.

  23. #23
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    Quote Originally Posted by Grapeshot View Post
    First we have the OP who carries a handgun into an illegal area and then states,

    "Wool got in and started taking off my boots and belt then realized my .380 is still in my waistline.... Fortunately my uncle is a gwinnett county sheriffs deputy and they know me up there..."

    These statements are telling - the OP was NOT upon arrival at a location, he was well past that. Why was he taking his boots and belt off? Was he changing clothes - is he some form of uniformed employee or are removing boots and belt a normal security measure? - I doubt that. He further suggests that he knew he had broken the law, but got off on the basis of favoritism.

    Then we are told to not worry about it if you come clean. The cite I asked for has never been satisfied - something in defense of after you have fully entered. I cannot and will not accept that if I am in a secure facility 5 min, 30 min or 2 hrs and then come tell an officer that I have a gun that I will be excused and get a free pass. Please try that in a court room and let me know how that works out.

    So we have now 2 rule violations of OCDO: failure to cite (specifically after fully entering) and now dtom attributes quotes falsely for his convenience.

    No poster with recognition here for being accurate and with the ability to assist you with a cite has chimed in - to the contrary another has said you are wrong. No lawyer's opinion has been given which would be expected to include cites.

    In short, this thread and the poster supporting the OP's position would seem to be very wanting in substance and therefore devoid of merit. Anyone following their advice to the extreme suggested is likely to be wearing new wrist jewelry - I would not consider for even a second that the rule of law would protect me.
    What more do you want? I'm a former GA LEO I have training and experience in GA laws I know what I'm talking about. I even worked at a court's security check point from time to time. I listed the relevant GA code sections for you. If you don't understand them then say so! Copy and paste the sections you don't understand and I'll try to help you with it.
    As for breaking the forum rules I done same thing you just did. As for the original post it appears the "wool" was a spelling error and should have been "[Well]." After all "wool" does not make any sense in that sentence. Again as I stated in my first post on this thread, the OP didn 't articulate it very well but it appeared as if he was attempting to clear the security check point. The buckle on a belt can and does set the magnetometer off hence him removing it. Some boots have metal shanks in the soles of them. The shanks too can and does set the magnetometer off hence him removing them.
    Granted the security check point is usually inside the court house therefore you must walk into the court house to approach security. In all the GA court houses I've been in I've only seen one with the security check point outside the entrance and it's only maned when they are hearing cases.
    Further more (and based on his statement) he had a CCW license, he did not have any criminal intent to take a firearm in to the court house, He was apparently at the security check point when he remembered the firearm, he then promptly notified the deputy and then secured it as directed by the deputy. Again read OCGA 16-1-1 through 16-2-6 and 16-11-127 (Google or Yahoo them!).
    Now if he did not have a CCW license then he would have most likely been arrested.
    BTW why are you getting so worked up about an incident in GA?

  24. #24
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by dtom View Post
    BTW why are you getting so worked up about an incident in GA?
    Surely you are not laboring under the misapprehension that state sub-forums are the exclusive property of verified residents of that state.

    Getting worked up? Hardly, but do not like to see the opinions perpetuated as fact. How they choose to operate and what the rule of laws happens to be are two entirely different matters.

    BTW - you gain no credibility by flipping your badge. Few of us ever ask LEO's for a legal opinion, nor do we ask our attorneys to perform surgery.
    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.

  25. #25
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    Quote Originally Posted by Grapeshot View Post
    Surely you are not laboring under the misapprehension that state sub-forums are the exclusive property of verified residents of that state.

    Getting worked up? Hardly, but do not like to see the opinions perpetuated as fact. How they choose to operate and what the rule of laws happens to be are two entirely different matters.

    BTW - you gain no credibility by flipping your badge. Few of us ever ask LEO's for a legal opinion, nor do we ask our attorneys to perform surgery.
    I wasn't flipping any badge and if you read the previous post carefully and bothered to look at my bio, which you linked to in the other post, you would have noticed I'm a FORMER LEO.
    Any ways I didn't come here to argue with any one but only to help others especially Georgians under stand the law and learn more about Florida's gun laws.
    Good luck!

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