imported post
"Court upholds..."
The problem with this Case that 'justified' The MARTA Police at 'pointed Firearms at [a] Lawful carrier' is that:
1. In Georgia, carrying a concealed Firearm has a lot more 'politics' surronding it than what does carrying a Firearm Openly, however; in Atlanta, because of High Crime, carrying a Firearm is seen in a totally different light altogether.
2. Mr. Raisse, I believe, actually concealed His Firearm as he was walking into the terminal. Yes, although His actions were Lawful, what raised the 'alarm' is that he moved His Firearm from Open carry to Concealed Carry as He was walking into the terminal in front of many People. Therefore, many People, who are themselves probably ignorant of Georgia Law, summoned Police because of the 'perception' that He was trying to do something 'discreetly', and trying to 'hide' something... i.e. a Pistol.
3. Finally, in Georgia, under Case Law from the mid-1800s, carrying a Concealed Firearm/Weapon in Georgia is seen as something that is '...evil and hideous'. This is well established throughout many rulings under Georgia Law, which, is why, Georgia Law reads that whenever a Person carryies a Firearm in Public it has to be done so, '...only in an Open manner and fully exposed to view [of the public]'.
In short... if He would of just left His Firearm out in the Open the ruling probably would have went in a lot different direction.
In fact, whenver one carries a Firearm in Georgia at all, it is just best to leave it out in the Open, because; there are too many ways The Police/Courts can build a Case for Illegal Concealed Carry.
Here is one, of about three or four bone-fide, examples:
1. In Georgia, to carry a Pistol in Public at all one needs to have a Valid Georgia Firearms License, or its equivalent from another reconzed reciproctiy State (such as Virginia). Easy enough right..., wrong, its actually trickier, because,
2. If the Pistol is carried Openly it does not have to be in Holster, and it does not matter if it is Loaded or not, but...
3. If you carry a Pistol concealed, ...even with a Permit, you can be Arrested, on the spot, IF: A. The Pistol is not in a Holster, and then covered up in an attache/breifcase/coat/purse/etc., OR B. The Pistol is Loaded. Thats right People and that is how easy it is to mess it all up in Georgia, thanks Jim Crow..., yep, if your Pistol is Concealed in Georgia and a Police Officer finds out it is Loaded, then, ooops..., you are going to Jail! Also, if your Pistol is in Briefcase/under your Coat, and is trying to be Concealed, but imprints or sticks out, then, ooops... you are going to Jail again!
Simply put, and this is a learning lesson for Mr. Raisse, I believe that is how one spells His name, but, anyway, simply put: A. Get a Valid Georgia Firearms License, or its equivalent, and B. Get a Holster, then, C. Load the Pistol, put it in the Holster, and wear it on your Hip or Thigh so that you do not have to worry about the 'technicalities' of our best Southern Friend... Mr. Jim Crow!
Georgia Code confirms everything that I have said and it is codified under 16-11-126(Carrying a Concealed Weapon) and 16-11-128(Carrying Pistol without a License).
Currently there is prefilied Legislation to do away with 16-11-128 and significantly rewrite 16-11-126 to make it a lot less confusing. The prefiled Legislation is Hose Bill 615, and there is also a Senate Bill, I believe, Senate Bill, er..., 291, I think.
Hopefully soon, 'Pro-Gun' Georgia, will be a REAL 'Pro-Gun' State... like: Virginia, but until then, we all get to thank all of the Bla.. oops, I mean... Jim Crow Laws here in the Peach State!
By the way... one more little tid-bit of information: All of the Firearm/Weapon Laws on the books in Georgia are all there because of Minorities in and around Atlanta, and other places in Georgia. All of these Laws were to disarm, Bla.. oops (underprivleadged), not Whi... ooops (Privleadged) while they [those People] went about their business in Public.
This is the thread in the GA forum