Judge rules OC is RAS.

self preservation · Nov 6, 2013

This article is out of Georgia and concerns one of our members here on OCDO.

http://lastresistance.com/3564/u-s-district-judge-open-carrying-handgun-reasonable-suspicion-crime/

EMNofSeattle · Nov 6, 2013

self preservation said:
This article is out of Georgia and concerns one of our members here on OCDO.

http://lastresistance.com/3564/u-s-district-judge-open-carrying-handgun-reasonable-suspicion-crime/

so a single district court judge? 3 different circuit courts of appeal have ruled differently, this won't survive.

self preservation · Nov 6, 2013

EMNofSeattle said:
so a single district court judge? 3 different circuit courts of appeal have ruled differently, this won't survive.

I hope you're right. But I bet that this has messed up his lawsuit against the PD. I don't know if he plans to pursue this more or not.

OC for ME · Nov 6, 2013

The issue, as I see it, is how to get rid of a judge that should have known that mere OC, where legal without a "permit", is not RAS as higher courts have opined.

Fallschirjmäger · Nov 6, 2013

self preservation said:
I hope you're right. But I bet that this has messed up his lawsuit against the PD. I don't know if he plans to pursue this more or not.

That was the lawsuit against the PD.

self preservation · Nov 6, 2013

Fallschirmjäger said:
That was the lawsuit against the PD.

I meant if you intend to pursue it to higher court or appeal this ruling.

self preservation · Nov 6, 2013

Nightmare said:
Nonsense.

That was the lawsuit against the PD. Any further action will be an appeal and an appeal must be to a higher court.

I see. I thought that when you appealed it went before a different judge within the original court, or to the same judge in light of new evidence. I guess I got that misunderstanding from a class action suit that I have been involved in for several years. I keep hearing from others that are in this suit as well say "they have appealed the supreme court ruling 3 times and now they are out of appeals. So we should be getting a final ruling soon."

marshaul · Nov 6, 2013

I hope this is appealed. Not only is the decision illogical, it flies in the face of stare decisis. This judge deserves too see his "verdict" overturn it, and we need it not to be allowed to stand.

Of course, Georgia does require a permit for open carry, but I don't see why that should change the default presumptions.

Fallschirjmäger · Nov 6, 2013

Unfortunately, funds were unavailable to appeal the decision. I'm sure the issue will be raised again though; too many people have vowed Not to change their open-carry habits.

Perhaps next time the decision will be before a judge, with lawyers, instead of what some legal clerk puts in front of a judge (too many people have told me who really does the research for judges for me to think it wasn't the case here.)

davidmcbeth · Nov 6, 2013

I don't think my rights are subject to a vote ... even from people in robes.

Judge rules OC is RAS.

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