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Thread: Assistance on RAS with inadvertent exposure vs OC

  1. #1
    Regular Member Rich B's Avatar
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    Assistance on RAS with inadvertent exposure vs OC

    Greetings from CT.

    I seem to recall a case/ruling/opinion/etc and I believe it was from Georgia that said essentially:

    It is RAS to detain and ID someone if they are carrying concealed (because criminals conceal, perhaps)?

    It is not RAS to detain and ID someone if they are carrying fully exposed (in a holster of course).


    Does anyone remember where this might have come from? I swear I used to have a link/citation but for the life of me I cannot find it.

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    Quote Originally Posted by Rich B View Post
    Greetings from CT.

    I seem to recall a case/ruling/opinion/etc and I believe it was from Georgia that said essentially:

    It is RAS to detain and ID someone if they are carrying concealed (because criminals conceal, perhaps)?

    It is not RAS to detain and ID someone if they are carrying fully exposed (in a holster of course).


    Does anyone remember where this might have come from? I swear I used to have a link/citation but for the life of me I cannot find it.
    I believe you are looking for this. Sorry that it's not in a more compact format.

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    Regular Member Rich B's Avatar
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    Quote Originally Posted by Darkshadow62988 View Post
    I believe you are looking for this. Sorry that it's not in a more compact format.
    Thank you.

    When a personis carrying a firearm openly, reasonable suspicion of unlawful activity must obviously involve some unlawful act other than the crime of boarding with a concealed weapon or the crime of carrying a concealed weapon.
    So far, that is the best match I can find from that page.

    If anyone has any better references, please advise.
    Last edited by Rich B; 12-20-2011 at 10:22 AM.

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    Are you looking for something Georgia specific or are you just looking for cases where it was ruled that the mere carrying of a firearm is and is not RAS?

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    Regular Member Rich B's Avatar
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    Quote Originally Posted by Darkshadow62988 View Post
    Are you looking for something Georgia specific or are you just looking for cases where it was ruled that the mere carrying of a firearm is and is not RAS?
    I am looking for cases that affirm that printing while carrying concealed carries more RAS than plainly carrying unconcealed.

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    I think that went away when the law was revised. Instead of a license being an affirmative defense it was made an element of a crime so they now have to have RAS to detain you. Go to the georgiapacking.org and search for Rassi - lot of lawyer talk.
    Last edited by jgullock; 12-21-2011 at 11:29 AM.

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    Regular Member Kingfish's Avatar
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    Quote Originally Posted by jgullock View Post
    I think that went away when the law was revised. Instead of a license being an affirmative defense it was made an element of a crime so they now have to have RAS to detain you. Go to the georgiapacking.org and search for Rassi - lot of lawyer talk.
    This is correct. Up until a year or two ago carrying concealed was a crime and a license was an defense. OC was always legal as long as you have a license. Now, there is no RAS for carrying OC or CC.

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    My RAS statement above doesn't sound so good. Here is my understanding:

    BEFORE - The fact that you posessed a handgun in public qualified as RAS. They could lawfully detain you and either 1) let you go after you showed them your license or 2) arrest you and let you show the judge you have a license.

    NOW - Like you are driving a car: you can't be stopped to see if you have a license just because you are driving. You have to run a stop sign or something to give RAS that you've committed a crime first, then the license comes into play. Same with carrying. Example: You can open carry all day long but unless they can articulate objective facts that lead them to believe you don't have a license, they can't detain you (unless you are doing something else they can articulate is illegal).

  9. #9
    Regular Member Kingfish's Avatar
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    Quote Originally Posted by jgullock View Post
    Example: You can open carry all day long but unless they can articulate objective facts that lead them to believe you don't have a license, they can't detain you (unless you are doing something else they can articulate is illegal).
    Correct. This has always been the case for OC but just recently applies also to CC.

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