Carrying a firearm openly is not illegal in Georgia

Atlanta Gun Rights Examiner ^ | 21 May, 2009 | Ed Stone

[marktwain]

Oleg Volk,A Human RightWith the explosion of what is often erroneously termed "concealed carry licensing," including more than 120,000 licenses issued in 2008 alone, many people often forget that it is legal to carry a firearm openly in Georgia.

Sometimes, the people who forget are the police.

Georgian Luke Woodard thought he was going to have a good day when he purchased a winning lottery ticket at a convenience store in Paulding County, west of Atlanta, but his luck was about to take a turn for the worse. Before the day was over, Mr. Woodard found himself spending the night in a cold, concrete cell. The reason? Mr,. Woodard was carrying a pistol openly, where members of the public could see it.

He cooperated fully with the police. He showed them his Georgia firearms license and his driver's license and submitted to being disarmed. The result? The police officers arrested Mr. Woodard, charged him with carrying a concealed weapon and disorderly conduct, and seized both Mr. Woodard's firearm that his was carrying, and, inexplicably, a firearm that was in a case inside his car.

When the police first stopped and surrounded Mr. Woodard, he asked "What is the problem?" He was told that the problem was that he was "carrying a firearm openly." His attempts to explain the legality of his conduct fell on deaf ears. Ironically, Mr. Woodard was not charged with carrying a weapon openly, but with carrying a concealed weapon.

Because the charge of carrying a concealed weapon is a disqualifier, Mr. Woodard lost his Georgia firearms license, and he was facing two years in jail. The charges against Mr. Woodard were pending for months until the intervention of the Georgia organization GeorgiaCarry.Org and Marietta criminal defense attorney Doug King. The criminal charges have now disappeared, and Mr. Woodard retained Roswell attorney John Monroe to file a federal lawsuit for violation of his Fourth Amendment rights. Yesteday, Mr. Woodard filed a motion for summary judgment. You can (and should) read it here.

The outcome of this case is important for the public in Georgia and law enforcement alike, as Mr. Woodard's treatment, although rare, has not been an isolated incident. GeorgiaCarry.Org has a similar case pending against the Metropolitan Atlanta Rapid Transit Authority for detaining a man who was spotted carrying a concealed handgun.

Luke Woodard's goal for this lawsuit is to stop police harassment of people exercising their right to bear arms when the police have no reasonable suspicion of a crime.

Here is wishing him success.

[marktwain]

It is outrageous that a person could be arrested and held in jail overnight for a "crime" which is non-existant.

Here is the civil suit filing:

http://www.georgiacarry.com/county/paulding_carry/Woodard_complaint.pdf

[marktwain]

Here is the link to the pdf file.

http://www.georgiacarry.com/county/paulding_carry/Woodard_complaint.pdf

[PubliusMM]

This stupidity continues, unabated, and with the full support of the 0bama administration, IMO. They don’t realize that they are sticking pins in a sleeping giant. And, they aren’t going to like the outcome when that giant is roused and riled.

It can’t come too soon, either.

It’s time to take back the country.

[668 - Neighbor of the Beast]

The police accomplished what they intended. They discouraged innumerable other citizens from carrying openly.
Once upon a time there was a free country where that was termed “intimidation.”

[Glenmore]

While carrying ‘openly’ is clearly not a violation of ‘concealed’ carry, it very well may be a violation of something else, at least in some jurisdictions. It might be titled something like ‘intimidation’, or some kind of ‘threat’, or even ‘brandishing’ (even if holstered).

[rabidralph]

We had an Open Carry picnic in Wisconsin last week and everyone had a great time. The news stories were positive as well.

Learn more at Open Carry dot org

[EGPWS]

ping

[Hardastarboard]

Here's what concerns me about this. One expects trained law enforcement officers to be TRAINED in the actual law, not making it up as they go. I understand that Sheriff's Deputies are somewhat underpaid as regards other major police forces (or at least they used to be), but that's really no excuse at all.

By testifying on warrant applications that Plaintiff Woodard had committed offenses when Defendant Brown knew or should have known that Plaintiff Woodard had not committed such offenses and that the warrant applications did not support a finding of probable cause of such offenses, Defendant Brown deprived Plaintiff Woodard of his Fourteenth Amendment right to Due Process.

[FrankR]

"They don’t realize that they are sticking pins in a sleeping giant. "

Somewhere amongst commiebama two active brain cells, his GIANT ego is all that matters to him.

From the evidence we have seen so far, I fully believe that if the "people" become any kind of perceived threat to him, we will be put under martial law and tanks will be roaming the streets of America.

All of this sleight of hand bailout crap is to give him time to form his "National Police Force" [read: Gesetappo] at which point we are all doomed.

But I still like to believe that America will win out over the Kenyan in the end.

[Wonder Warthog]

The lawsuit is well and good, but what should also go forward is a recall campaign against the sheriff (the two named in the suit are simply deputies), or to defeat him/her at the next election. The sheriff has the responsibility as to see that his deputies PROPERLY understand and execute the law.

[Vigilantcitizen]

I can’t believe this happened in Paulding county.

[Red in Blue PA]

Hope he sues them for everything they’ve got.....and then some.

Absolutely inexcusable.

[Red in Blue PA]

Forgot to mention that open carry is perfectly legal here in PA the same as in GA and these same types of things occur, though usually “only” harassment and not jail time.

[eyeamok]

This is why we have Grand Juries, The Cops and the DA should be Indicted for
Kidnapping
Armed Robbery
And put on trial so they can explain to a Jury of Their Peers, why They did this. That is the only way this kinda stuff will stop happening.

[DHC-2]

This is just a case of STUPID cops ... and there are some. But even though people have the “right” to carry open in Georgia ... why do they do it? (I get flamed every time I say this). All it does is stir up controversy, and those dumb “frightened citizens” that see a gun and panic always do (and always will). Why not just carry concealed and not kick every dog you walk by? I still say open carry, although perfectly legal in Georgia, is a person “showing off” ... using a gun as “bling” ... look at me I have a gun. Its as “stupid” as the cops. In this case the cops were DEAD WRONG ... but why carry open and bring up these situations. A lot of people are just afraid of guns and they will always react the wrong way ... legislation or being on the right side of the law won't stop that. So why not just AVOID the controversy? I have a FL permit and often carry in Georgia ... but the last thing I want is to let people know I have a gun ... it is the “surprise” of concealed carry that makes it work. I don't need the bling. For those who will invariably say, showing the gun prevents a bad guy from coming at you ... that's a joke. A bad guy meaning harm and knowing what he's doing will take out the threat first every time. If we keep up the stupid “gun bling” thing, we're going to cause the sheeple to react against us. I'd rather keep my gun than make a point I could lose in this day and age.

[Vigilantcitizen]

I agree with you that many people open carry for the wrong reason, but had this not been the transplant laden metro area, it wouldn’t have drawn much attention.

[Sender]

ping

[Balding_Eagle]

Here's what concerns me about this. One expects trained law enforcement officers to be TRAINED in the actual law

My read is that they DID know that it was legal to carry openly, which is why they arrested him for carrying concealed.

[deoetdoctrinae]

Just unbelievable! If a Georgia firearms license does not specify open carry only, or concealed carry only, then it MUST be a license to carry both ways.

If that’s the case, the .45 in his waistband holster was legal. The 9mm in the zippered case—legal. No brandishing, no disorderly conduct, co-operating with LEO’s. In other words, a law-abiding citizen doing everything properly.

It appears the only ones breaking the law were the officers who arrested him. Here’s hoping his lawsuit results in justice for him, and something more than “Oops, sorry about that” from the police.

[org.whodat]

When you get down to the brass tacks, a lot of cops think no one should have carry are own a gun except of course themselves.