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Georgia's way of handling OCers and terry stops

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emsjeep

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Rich B said:
Georgia is similar to us in that they need a permit to CC or to OC. This memo should be the minimum we expect that each chief sends to his officers in this state.

http://www.georgiapacking.org/forum/viewtopic.php?f=12&t=16093&p=238818&hilit=HB89+memo#p238818
Click to expand...

They still get approached though....does GA's statute make lack of a permit an element of the crime or is the possession of a permit an affirmative defense? I would guess the latter from the remaining obligation to request the permit.
 
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E

emsjeep

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Rich B said:
The memo clearly says they are not to be approached unless the owner wants to trespass them.
Click to expand...

1st Memo, point #6...which in and of itself seems odd considering what precedes it. "If we have reason to approach...but they are not breaking a law, ask for a permit then leave." If the only action taken is to confirm the presence of the permit, after which they leave, then the only reason for initiating the contact ("reason to approach") was in regards to the open carry. Its a "don't do it, but if you do it only do this" sort of statement and it doesn't really make any sense to me.
 
KIX

KIX

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I read the same thing on page 1.....

Still seems they can just ask for a permit. I still have a hard time with "show me your papers".....

Jonathan
 
4

4sooth

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, Louisiana, USA
Georgia Constitution

Once again we see a state cleverly getting the citizens of a state to accept(willingly) the trampling of their rights and be happy about it.

When a right is recognized--a citizen must have some way of FREELY exercising that right. No permits, fees, licenses or conditions. Georgia's constitution recognizes the citizens right to keep and bear arms--so the requirement to have a permit/license to carry open OR concealed is not constitutional in Georgia. One or the other must be allowed without a permit/license.
 
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aadvark

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To ALL Connecticut Posts on This Forum Concerning This Topic:

STOP!

The Oconee Countys Sheriff's Office Memo Citied, although Factually Correct, is now Outdated under The Passage of Senate Bill 308, on June. 4, 2010.

State Statutes 16-11-126 AND 16-11-127 have been Substansially Revised.

State Statute 16-11-127.1, was also Revised, in Part.

Open Carry of a Loaded Pistol in Public is Legal so as long as The Person has a Georgia Weapons Carry License, Issued Pursuant to Georgia Code 16-11-129.

*** This is Similiar to Connecticut Law 29-28. ***

Please Refer to The Following Post, for my Information to a Dalton, Georgia Open Carrier:
http://forum.opencarry.org/forums/s...pen-carry-or-conceled-carry-in-dalton-georgia
 
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KIX

KIX

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Rich B said:
No one has ever said they can't ask for your permit. Anyone can ask for your permit.

Arresting you for not providing your permit or detaining you in the first place is not acceptable.
Click to expand...

Maybe I've been on the other side of the baton one too many times, but, I still don't see someone refusing to show a permit just walking away on this one......

I'm just sayin'.....

Jonathan
 
KIX

KIX

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aadvark said:
To ALL Connecticut Posts on This Forum Concerning This Topic:

STOP!
Click to expand...

Why? Even if it's outdated, it's a good example whether it's current or not.

I just dunno about the asking in general, kinda wreaks of "show me your papers"....

Other than that, I'd LOVE it if CT was even half as civil as those memos!

Jonathan
 
A

aadvark

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ALL Connecticut Iquires as to Oconee County Sheriff's Office Memo:

The Codes Citied have since been Revised.

Case Law, and Civil Procedure, in Light of Federal Law 42 U.S.C. 1983, Remains Factual.

aadvark
 
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