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Carry booboo

bmbaker2k5

Regular Member
Joined
Jun 21, 2010
Messages
17
Location
Lawrenceville, Georgia, USA
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
 

Kingfish

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Apr 10, 2007
Messages
1,276
Location
Atlanta, Georgia, USA
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.
 

bmbaker2k5

Regular Member
Joined
Jun 21, 2010
Messages
17
Location
Lawrenceville, Georgia, USA
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.

Posted from my Samsung EPIC 4G on Nationwide Sprint Network using Tapatalk Pro
 

Kingfish

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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.
 
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Grapeshot

Legendary Warrior
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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
 

rmodel65

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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.
 

bmbaker2k5

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Messages
17
Location
Lawrenceville, Georgia, USA
(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.

Posted from my Samsung EPIC 4G on Nationwide Sprint Network using Tapatalk Pro
 

Kingfish

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Joined
Apr 10, 2007
Messages
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Location
Atlanta, Georgia, USA
(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.
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.
 

Citizen

Founder's Club Member
Joined
Nov 15, 2006
Messages
18,269
Location
Fairfax Co., VA
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.
 

Kingfish

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Joined
Apr 10, 2007
Messages
1,276
Location
Atlanta, Georgia, USA
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.

The statute seems like a thoughtful exception for an innocent and perfectly human "forgot."
:confused: 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
 

bmbaker2k5

Regular Member
Joined
Jun 21, 2010
Messages
17
Location
Lawrenceville, Georgia, USA
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.

Posted from my Samsung EPIC 4G on Nationwide Sprint Network using Tapatalk Pro
 

Grapeshot

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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.

Posted from my Samsung EPIC 4G on Nationwide Sprint Network using Tapatalk
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.
 

dtom

Regular Member
Joined
Feb 10, 2011
Messages
10
Location
GA
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.
 
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bmbaker2k5

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Jun 21, 2010
Messages
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Location
Lawrenceville, Georgia, USA
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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Grapeshot

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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.

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.
 

dtom

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Feb 10, 2011
Messages
10
Location
GA
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.
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
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.

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.
 
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