Tolderian
Regular Member
Columbus, GA
So I went to Carmike 15 Theater and I open carry a Springfield .45 XD. I believe an off-duty officer (the ones that are being paid to watch the premises, though his card says Marshal)
Officer: C'mere
*I walk over*
Officer: Is that thing loaded?
Me: I don't keep one in the chamber. No.
Officer: Let me see your license, I want to talk to you outside and I want to see your hands in view at all times
*Follow him outside*
Officer: Do you see right here where it says "Public Gatherings"? This is a Public Gathering, you can't have that here. I want you to take it off and put that thing away.
Me: Senate Bill 308 got rid o-- (he cuts me off)
Officer: I know the law, I want you to put that away
Me: It was a Jim Crow law that-- (he cuts me off)
Officer: I don't care, I know about 308, put that away
Me: Can I get the person who --
Officer: No
Me: ...Drove me here to give me the key so I can put it away?
Officer: Yes
*After getting the individual, I turn to him with my phone on notepad and ask for his name and badge number*
Officer: I'll be glad to give you all that information after you've done what I asked.
*I disarm myself, leaving me vulnerable to the little thugs that infect the place. The manager is wondering what's all the fuss as I walk off to comply. Thing is, I've been there MANY times before, been around various managers, never had a problem. It's not like they CAN'T see the thing on my hip. I return later, the officer gives me his business card.*
Officer: This is the manager, he says he doesn't allow weapons on the premises.
Me: Well, I'm terribly sorry, I didn't mean to be rude, but I didn't see a sign posted. Had there been one, I would have complied (actually, I wouldn't give them my business, not that it'd hurt their sales).
Officer: He doesn't need a sign up, as a matter of fact, I could have charged you and you could have lost your license
Me: So... I could be charged and lose my license for something I didn't know about?
Officer: Doesn't matter, you should have known.
Basically, I made nice, shook hands, apologized, made pleasantries, it wouldn't have really mattered to discuss it further at this point. The officer advised I get a lawyer, and I think I shall, that is if there ARE any with the balls and brains to help me out with making it clear that I did nothing wrong.
Sure, things are a little out of order, I'm not as studious as some who jot it all down right away, didn't want my mates to be late for SuckerPunch (good movie, I think). The crappiest part? The cop is "supposed to be there so I'm safe" and the guy wasn't even THERE when we left. The damn parking lot was full of creepers (not the minecraft kind) and some of 'em scattered once I put my piece back on. Like a "let's go screw with someone else" kind of thing.
Problem here kids, is that an LEO can cause a big scene at every place of business and, essentially, frighten all the ignorant owners and managers into adopting a no-weapons policy just to keep things calm. In essence, turning the businesses, the cities, and eventually the state, into a no-carry state without even changing the law.
So... does anyone have something that can help me fight this plague before it gets out of hand?
I thought about contacting Georgia Carry.org or something but... to me, all this "fighting for open carry rights" is all hot air until someone does something. I plan to fight it, does anyone have the tools to help me?
So I went to Carmike 15 Theater and I open carry a Springfield .45 XD. I believe an off-duty officer (the ones that are being paid to watch the premises, though his card says Marshal)
Officer: C'mere
*I walk over*
Officer: Is that thing loaded?
Me: I don't keep one in the chamber. No.
Officer: Let me see your license, I want to talk to you outside and I want to see your hands in view at all times
*Follow him outside*
Officer: Do you see right here where it says "Public Gatherings"? This is a Public Gathering, you can't have that here. I want you to take it off and put that thing away.
Me: Senate Bill 308 got rid o-- (he cuts me off)
Officer: I know the law, I want you to put that away
Me: It was a Jim Crow law that-- (he cuts me off)
Officer: I don't care, I know about 308, put that away
Me: Can I get the person who --
Officer: No
Me: ...Drove me here to give me the key so I can put it away?
Officer: Yes
*After getting the individual, I turn to him with my phone on notepad and ask for his name and badge number*
Officer: I'll be glad to give you all that information after you've done what I asked.
*I disarm myself, leaving me vulnerable to the little thugs that infect the place. The manager is wondering what's all the fuss as I walk off to comply. Thing is, I've been there MANY times before, been around various managers, never had a problem. It's not like they CAN'T see the thing on my hip. I return later, the officer gives me his business card.*
Officer: This is the manager, he says he doesn't allow weapons on the premises.
Me: Well, I'm terribly sorry, I didn't mean to be rude, but I didn't see a sign posted. Had there been one, I would have complied (actually, I wouldn't give them my business, not that it'd hurt their sales).
Officer: He doesn't need a sign up, as a matter of fact, I could have charged you and you could have lost your license
Me: So... I could be charged and lose my license for something I didn't know about?
Officer: Doesn't matter, you should have known.
Basically, I made nice, shook hands, apologized, made pleasantries, it wouldn't have really mattered to discuss it further at this point. The officer advised I get a lawyer, and I think I shall, that is if there ARE any with the balls and brains to help me out with making it clear that I did nothing wrong.
Sure, things are a little out of order, I'm not as studious as some who jot it all down right away, didn't want my mates to be late for SuckerPunch (good movie, I think). The crappiest part? The cop is "supposed to be there so I'm safe" and the guy wasn't even THERE when we left. The damn parking lot was full of creepers (not the minecraft kind) and some of 'em scattered once I put my piece back on. Like a "let's go screw with someone else" kind of thing.
Problem here kids, is that an LEO can cause a big scene at every place of business and, essentially, frighten all the ignorant owners and managers into adopting a no-weapons policy just to keep things calm. In essence, turning the businesses, the cities, and eventually the state, into a no-carry state without even changing the law.
So... does anyone have something that can help me fight this plague before it gets out of hand?
I thought about contacting Georgia Carry.org or something but... to me, all this "fighting for open carry rights" is all hot air until someone does something. I plan to fight it, does anyone have the tools to help me?
The part in bold is what's struck through as obsolete on the legislation's page.
http://www1.legis.ga.gov/legis/2009_10/fulltext/sb308.htm
SECTION 1-3.
Said title is further is amended by revising Code Section 16-11-127, relating to the offense of carrying a deadly weapon to or at public gatherings and affirmative defenses, as follows:
"16-11-127.
(a) Except as provided in Code Section 16-11-127.1, a person shall be guilty of a misdemeanor when he or she carries to or while at a public gathering any explosive compound, firearm, or knife designed for the purpose of offense and defense.
(b) For the purpose of this Code section, 'public gathering' shall include, but shall not be limited to, athletic or sporting events, churches or church functions, political rallies or functions, publicly owned or operated buildings, or establishments at which alcoholic beverages are sold for consumption on the premises and which derive less than 50 percent of their total annual gross food and beverage sales from the sale of prepared meals or food. Nothing in this Code section shall otherwise prohibit the carrying of a firearm in any other public place by a person licensed or permitted to carry such firearm by this part.
(c)(1) This Code section shall not apply to competitors participating in organized sport shooting events.
(2) Law enforcement officers, peace officers retired from state, local, or federal law enforcement agencies, judges, magistrates, constables, solicitors-general, and district attorneys may carry pistols in publicly owned or operated buildings; provided, however, that a courthouse security plan adopted in accordance with paragraph (10) of subsection (a) of Code Section 15-16-10 may prohibit the carrying of a pistol.
(d) It shall be an affirmative defense to a violation of this Code section if a person notifies a law enforcement officer or other person employed to provide security for a public gathering of the presence of such item as soon as possible after learning of its presence and surrenders or secures such item as directed by such law enforcement officer or other person employed to provide security for such public gathering.
(e) A person licensed or permitted to carry a firearm by this part shall be permitted to carry such firearm, subject to the limitations of this part, in all parks, historic sites, and recreational areas, including all publicly owned buildings located in such parks, historic sites, and recreational areas and in wildlife management areas, notwithstanding Code Section 12-3-10, in wildlife management areas notwithstanding Code Section 27-3-1.1 and 27-3-6, and in public transportation notwithstanding Code Sections 16-12-122 through 16-12-127; provided, however, that a person shall not carry a firearm into a place prohibited by federal law.
(f) A person licensed or permitted to carry a firearm by this part shall not consume alcoholic beverages in a restaurant or other eating establishment while carrying a firearm. Any person violating this subsection shall be guilty of a misdemeanor.
(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."
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