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Carry booboo

dtom

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

I intentionally done that in regards to the posts. You asked him to cite his claim which he had already done in "his" post #7. Since he only copied part of the code section that did not include the section and chapter etc, (e.g. O.C.G.A. § 16-11-127), I then referenced the preceding post, #6, were the relevant code section was already posted instead of re-posting it.
As for your statement of "I understand the "mistake" at the point of security, but not after." If I under stand you correctly you're inferring the deputy made a "mistake" by letting him go then I had already addressed that issue too. GA LEOs can exercise discretion in most incidents and not charge, cite, summons or arrest a person. The only exception to that rule, that I can think of at the moment, is domestic assault incidents.
Now if you were literally interpret the part of the law and disregard the rest of Title 16 then you could possible argue that he was in violation. How ever if you were to go back to the beginning of the "Criminal Code of Georgia" which is Title 16 then start reading Chapters one through Chapter two you will see the deputy made the right call. (OCGA 16-1-1 through 16-2-6)

I attempted to address some of this in my previous post but when I submitted it, the forum was doing some type of up date and lost my entire post. I was too tired to go back and retype it all.
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
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35,317
Location
Valhalla
Consolidation of thread

First we have the OP who carries a handgun into an illegal area and then states,

"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..."

These statements are telling - the OP was NOT upon arrival at a location, he was well past that. Why was he taking his boots and belt off? Was he changing clothes - is he some form of uniformed employee or are removing boots and belt a normal security measure? - I doubt that. He further suggests that he knew he had broken the law, but got off on the basis of favoritism.

Then we are told to not worry about it if you come clean. The cite I asked for has never been satisfied - something in defense of after you have fully entered. I cannot and will not accept that if I am in a secure facility 5 min, 30 min or 2 hrs and then come tell an officer that I have a gun that I will be excused and get a free pass. Please try that in a court room and let me know how that works out.

So we have now 2 rule violations of OCDO: failure to cite (specifically after fully entering) and now dtom attributes quotes falsely for his convenience.

No poster with recognition here for being accurate and with the ability to assist you with a cite has chimed in - to the contrary another has said you are wrong. No lawyer's opinion has been given which would be expected to include cites.

In short, this thread and the poster supporting the OP's position would seem to be very wanting in substance and therefore devoid of merit. Anyone following their advice to the extreme suggested is likely to be wearing new wrist jewelry - I would not consider for even a second that the rule of law would protect me.
 

dtom

Regular Member
Joined
Feb 10, 2011
Messages
10
Location
GA
First we have the OP who carries a handgun into an illegal area and then states,

"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..."

These statements are telling - the OP was NOT upon arrival at a location, he was well past that. Why was he taking his boots and belt off? Was he changing clothes - is he some form of uniformed employee or are removing boots and belt a normal security measure? - I doubt that. He further suggests that he knew he had broken the law, but got off on the basis of favoritism.

Then we are told to not worry about it if you come clean. The cite I asked for has never been satisfied - something in defense of after you have fully entered. I cannot and will not accept that if I am in a secure facility 5 min, 30 min or 2 hrs and then come tell an officer that I have a gun that I will be excused and get a free pass. Please try that in a court room and let me know how that works out.

So we have now 2 rule violations of OCDO: failure to cite (specifically after fully entering) and now dtom attributes quotes falsely for his convenience.

No poster with recognition here for being accurate and with the ability to assist you with a cite has chimed in - to the contrary another has said you are wrong. No lawyer's opinion has been given which would be expected to include cites.

In short, this thread and the poster supporting the OP's position would seem to be very wanting in substance and therefore devoid of merit. Anyone following their advice to the extreme suggested is likely to be wearing new wrist jewelry - I would not consider for even a second that the rule of law would protect me.

What more do you want? I'm a former GA LEO I have training and experience in GA laws I know what I'm talking about. I even worked at a court's security check point from time to time. I listed the relevant GA code sections for you. If you don't understand them then say so! Copy and paste the sections you don't understand and I'll try to help you with it.
As for breaking the forum rules I done same thing you just did. As for the original post it appears the "wool" was a spelling error and should have been "[Well]." After all "wool" does not make any sense in that sentence. Again as I stated in my first post on this thread, the OP didn 't articulate it very well but it appeared as if he was attempting to clear the security check point. The buckle on a belt can and does set the magnetometer off hence him removing it. Some boots have metal shanks in the soles of them. The shanks too can and does set the magnetometer off hence him removing them.
Granted the security check point is usually inside the court house therefore you must walk into the court house to approach security. In all the GA court houses I've been in I've only seen one with the security check point outside the entrance and it's only maned when they are hearing cases.
Further more (and based on his statement) he had a CCW license, he did not have any criminal intent to take a firearm in to the court house, He was apparently at the security check point when he remembered the firearm, he then promptly notified the deputy and then secured it as directed by the deputy. Again read OCGA 16-1-1 through 16-2-6 and 16-11-127 (Google or Yahoo them!).
Now if he did not have a CCW license then he would have most likely been arrested.
BTW why are you getting so worked up about an incident in GA?
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
BTW why are you getting so worked up about an incident in GA?

Surely you are not laboring under the misapprehension that state sub-forums are the exclusive property of verified residents of that state.

Getting worked up? Hardly, but do not like to see the opinions perpetuated as fact. How they choose to operate and what the rule of laws happens to be are two entirely different matters.

BTW - you gain no credibility by flipping your badge. Few of us ever ask LEO's for a legal opinion, nor do we ask our attorneys to perform surgery.
 

dtom

Regular Member
Joined
Feb 10, 2011
Messages
10
Location
GA
Surely you are not laboring under the misapprehension that state sub-forums are the exclusive property of verified residents of that state.

Getting worked up? Hardly, but do not like to see the opinions perpetuated as fact. How they choose to operate and what the rule of laws happens to be are two entirely different matters.

BTW - you gain no credibility by flipping your badge. Few of us ever ask LEO's for a legal opinion, nor do we ask our attorneys to perform surgery.

I wasn't flipping any badge and if you read the previous post carefully and bothered to look at my bio, which you linked to in the other post, you would have noticed I'm a FORMER LEO.
Any ways I didn't come here to argue with any one but only to help others especially Georgians under stand the law and learn more about Florida's gun laws.
Good luck!
 

bmbaker2k5

Regular Member
Joined
Jun 21, 2010
Messages
17
Location
Lawrenceville, Georgia, USA
First we have the OP who carries a handgun into an illegal area and then states,

"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..."

These statements are telling - the OP was NOT upon arrival at a location, he was well past that. Why was he taking his boots and belt off? Was he changing clothes - is he some form of uniformed employee or are removing boots and belt a normal security measure? - I doubt that. He further suggests that he knew he had broken the law, but got off on the basis of favoritism.

Then we are told to not worry about it if you come clean. The cite I asked for has never been satisfied - something in defense of after you have fully entered. I cannot and will not accept that if I am in a secure facility 5 min, 30 min or 2 hrs and then come tell an officer that I have a gun that I will be excused and get a free pass. Please try that in a court room and let me know how that works out.

So we have now 2 rule violations of OCDO: failure to cite (specifically after fully entering) and now dtom attributes quotes falsely for his convenience.

No poster with recognition here for being accurate and with the ability to assist you with a cite has chimed in - to the contrary another has said you are wrong. No lawyer's opinion has been given which would be expected to include cites.

In short, this thread and the poster supporting the OP's position would seem to be very wanting in substance and therefore devoid of merit. Anyone following their advice to the extreme suggested is likely to be wearing new wrist jewelry - I would not consider for even a second that the rule of law would protect me.

Everyone is missunderstanding.... let me clarify, I walked in the entrance doors where there is immediately a checkpoint. They require you to take belt and shoes off. I had been inside the building maybe a total of 45 seconds to 1 minute before I approched the deputy to notify them of the situation. I WAS upon arrival.

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

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
Everyone is missunderstanding.... let me clarify, I walked in the entrance doors where there is immediately a checkpoint. They require you to take belt and shoes off. I had been inside the building maybe a total of 45 seconds to 1 minute before I approched the deputy to notify them of the situation. I WAS upon arrival.

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

That changes the situation in question considerably - it is the clarification needed.

Thank you, sir.
 

bmbaker2k5

Regular Member
Joined
Jun 21, 2010
Messages
17
Location
Lawrenceville, Georgia, USA
Lol I was siting here trying to figure or why everyone was going off their hinges about it then I read that then realized that people thought I had been there for a while. No had just arrived. Lol

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

Grapeshot

Legendary Warrior
Joined
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Messages
35,317
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Valhalla
Lol I was siting here trying to figure or why everyone was going off their hinges about it then I read that then realized that people thought I had been there for a while. No had just arrived. Lol

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

Indeed the devil is in the details and we do like our details - anyway no harm no foul.

Hope you stay, enjoy and continue to contribute. Again, thanks.
 

Kingfish

Regular Member
Joined
Apr 10, 2007
Messages
1,276
Location
Atlanta, Georgia, USA
Further more (and based on his statement) he had a CCW license...
If you are former LEO who has "training and experience in GA laws" and you "now what I'm talking about" then you would know there is no such thing in GA as a "CCW". Knowing that GA does not issue a "concealed" carry license is pretty basic.


Now if he did not have a CCW license then he would have most likely been arrested.
Since the OP stated he was "fortunate" he has LE family I am not so sure the arrest would have been made.
 

Kingfish

Regular Member
Joined
Apr 10, 2007
Messages
1,276
Location
Atlanta, Georgia, USA
Lol I was siting here trying to figure or why everyone was going off their hinges about it then I read that then realized that people thought I had been there for a while. No had just arrived. Lol
You had not "just arrived". You had been there 45 seconds to 1 minute. This is (IN MY OPINION) not what the clear language of the statute says. It says "upon arrival". You knew (or should have known) the firearm was there and you did not approach security "upon arrival", you went and got in line and started taking off your belt and boots and then approached security.
 

dtom

Regular Member
Joined
Feb 10, 2011
Messages
10
Location
GA
If you are former LEO who has "training and experience in GA laws" and you "now what I'm talking about" then you would know there is no such thing in GA as a "CCW". Knowing that GA does not issue a "concealed" carry license is pretty basic.


Since the OP stated he was "fortunate" he has LE family I am not so sure the arrest would have been made.

Sure I could have called it GWL, GFL or what ever. I chose to use the more common term of CCW than the GA vernacular.

As to you last statement... I don't give a _______ anymore! :lol:
 

Kingfish

Regular Member
Joined
Apr 10, 2007
Messages
1,276
Location
Atlanta, Georgia, USA
Sure I could have called it GWL, GFL or what ever. I chose to use the more common term of CCW than the GA vernacular.
It is more than just a figure of speech. The term "CCW" is not common with those that are informed on the laws of this state.

Using the term "CCW" denotes the license either only allows concealment (as in states where no license is needed to OC) or concealment is required. Both of these are wrong in Georgia. I don't know if you are aware of that or not but in GA a license is required for OC or CC and with a license, both are allowed and are treated exactly the same by law. In alot of states you can use the term "CCW" pretty generically but not in GA (or several other states.)
 

bmbaker2k5

Regular Member
Joined
Jun 21, 2010
Messages
17
Location
Lawrenceville, Georgia, USA
You had not "just arrived". You had been there 45 seconds to 1 minute. This is (IN MY OPINION) not what the clear language of the statute says. It says "upon arrival". You knew (or should have known) the firearm was there and you did not approach security "upon arrival", you went and got in line and started taking off your belt and boots and then approached security.

Really? 45 seconds to 1 minute is not upon arrival? And have you ever carrieda small .380? You sometimes can't even tell it's there. And saying I was not upon arrival is taking it to the extreme. Your opinion is welcomed however don't try to say I was doing something illegal when I wasn't I followed the procedures and it was taken care of.

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

Grapeshot

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Messages
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There was initially some misunderstanding as to when and where the notification took place - that has been clarified and the unusual but good statute has been cited.

See no need to argue or create ill will over a matter of seconds - the OP was not charged, that is a good thing. It is extremely likely that he will be much more aware in the future - that too is a good thing.

We are here to share, educate and inform. I've surely learned something in this thread and have cautioned myself that in the future to give a little bit more benefit of the doubt until all of the facts are known.

If you are ever in or near Richmond bmbaker2k5, I owe you at least a cup of coffee and a handshake.
 

Kingfish

Regular Member
Joined
Apr 10, 2007
Messages
1,276
Location
Atlanta, Georgia, USA
Do you think if you had been OCing and "forgot" your firearm was on your side and the LEO did not know you would this have turned out the same way?
 

Grapeshot

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May 21, 2006
Messages
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Valhalla
Do you think if you had been OCing and "forgot" your firearm was on your side and the LEO did not know you would this have turned out the same way?

I would like to think so; however, I see the main point of the OP as saying I goofed up and therefore we all need to be more aware. He never said that he suggested or recommended that you do this - it has been pointed out that the statute allows for remedy.

See post #6 on this thread:
"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; ...."

The thread, I believe, was supposed to be true confession type of thing. Bet the OP never does that again when the wolves are circling, snapping and snarling. :D
 
Last edited:

Gunslinger

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Mar 6, 2008
Messages
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Free, Colorado, USA
Was there a metal detector? Also, if it had been me--not that I would carry a .380...I would have just left and put the gun in my car. Why notify a guard if you weren't at that point where you would have made contact? Why not simply rectify the situation before it became a problem?
 

Grapeshot

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Messages
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Location
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Was there a metal detector? Also, if it had been me--not that I would carry a .380...I would have just left and put the gun in my car. Why notify a guard if you weren't at that point where you would have made contact? Why not simply rectify the situation before it became a problem?

He was barefoot and holding his pants up when the light turned on. :lol: :lol:
 
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