The Georgia carry incident was not about OC. An officer saw a man with an unholstered firearm who was in the process of holstering it. Not only this, but if I am not incorrect, he was entering an area where firearms were prohibited. RAS derives from this.
No it wasn't exactly about OC, this issue was regarding a permitted activity in general, but like I said the distinction is based on the fact that New Mexico doesn't require a permit for OC whereas, whatever activity Rassi was engaging in was covered by a license (OC, CC, CC on Public Transport). I believe that at the time the transportation authority had changed its rules regarding carry on their property; he was not arrested or charged.
"On May 14, 2008, Georgia Governor Sonny Perdue signed into law the Business Security and Employee Privacy Act. The Business Security and Employee Privacy Act made several changes to Georgia's firearms laws. The changes took effect on July 1, 2008. See 2008 Ga. Laws 1199. One of those changes involves carrying a concealed firearm in vehicles providing public transportation. Before July1, 2008, a person who boarded or attempted to board a bus or rail vehicle while carrying a concealed firearm committed the crime of boarding with a concealed weapon and the crime of carrying a concealed weapon. O.C.G.A. § 16-12-123(b); O.C.G.A. § 16-11-126(a). But, after July 1, 2008, a person “licensed or permitted to carry a firearm” may carry such firearm “in public transportation notwithstanding Code Sections 16-12-122 through 16-12-127.” O.C.G.A. § 16-11-127(e); see O.C.G.A. § 16-11-126(c). Therefore, a person with a Georgia firearms license may now legally board a bus or rail vehicle while carrying a concealed firearm."
RAS derives thusly:
"The undisputed facts show that Officers Nicholas and Milton had reasonable suspicion that Raissi was engaged in unlawful activity. Officer Nicholas saw Raissi clip a holstered handgun to the waistband of his pants, pull his shirt over the holster so that it was completely covered, and walk towards the MARTA station. The Plaintiffs do not dispute this. On these facts alone, the officers had reasonable suspicion that Raissi was committing the crime of boarding a vehicle providing public transportation with a concealed weapon. A person commits the crime of boarding with a concealed weapon when such person “boards or attempts to board an aircraft, bus, or rail vehicle with any ... firearm ... concealed on or about his or her person or property which is or would be accessible to such person while on the aircraft, bus, or rail vehicle.” O.C.G.A. § 16-12-123(b). The officers also had reasonable suspicion that Raissi was committing the crime of carrying a concealed weapon. “A person commits the [crime] of carrying a concealed weapon when such person knowingly has or carries about his or her person, unless in any open manner and fully exposed to view, ... any ... dangerous or deadly weapon or instrument of like character outside of his or her home or place of business....” O.C.G.A. § 16-11-126(a); see Lindsey v. State, 277 Ga. 772, 773, 596 S.E.2d 140 (2004).
The Plaintiffs say that a person with a Georgia firearms license may now board a bus or rail vehicle while carrying a concealed firearm, and that the officers had no reason to suspect that Raissi did not have a Georgia firearms license. O.C.G.A. § 16-11-127(e); O .C.G.A. § 16-11-126(c). But possession of a firearms license is an affirmative defense to, not an element of, the crimes of boarding with a concealed weapon and carrying a concealed weapon."
...I don't believe that this standard of RAS (at least on this reasoning) would apply in CT however as our statutes are formulated such that Not having a permit is an element of the crime not, as opposed to GA, where having a permit is an affirmative defense. GA and New Mexico would draw parallels between an incident in CT and U.S. v. Ubiles where the defendant's activity was a permit controlled one and the statute formulates the lack of a permit as an element of the crime.
The additional problem exists that Open Carry is unlicensed in New Mexico, and GA declined to apply the St. John standard because OC/CC and whatever else Rassi was doing requires a permit. The question is whether CT would apply the St. John in light of GA....both are merely persuasive...so who knows....
"St. John is a case from New Mexico and, under New Mexico law, it is not a crime to carry a firearm without a license so long as the firearm is carried openly, which the plaintiff in St. John did. N.M. Stat. Ann. § 30-7-2; St. John, 2009 WL 2949302, at *4 (“[M]erely ‘showing a gun’ ... is not illegal in the State of New Mexico.”). These cases are, therefore, distinguishable."
