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Carrying a firearm openly is not illegal in Georgia
Atlanta Gun Rights Examiner ^ | 21 May, 2009 | Ed Stone

Posted on 05/24/2009 6:16:33 AM PDT by 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.


TOPICS: Constitution/Conservatism; Extended News; News/Current Events; US: Georgia
KEYWORDS: banglist; ccw; ga; opencarry
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To: Balding_Eagle
Right on.Harassment and nothing more.
21 posted on 05/24/2009 7:35:29 AM PDT by HANG THE EXPENSE (Life is tough.It's even tougher when you're stupid.)
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To: marktwain

I’ve been almost 35 years and have seen people carrying pistols openly all this time, IMO the cops knew EXACTLY what thet were doing! B.O.H.I.C.A.


22 posted on 05/24/2009 7:38:27 AM PDT by Waco (Libs exhale too much.)
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To: DHC-2

It is a matter of principle vs pragmatism. To some people demonstrating a the principle to insured it, is important. Maybe not so for you.

Open carry is legal in AZ, and as best I can tell, does not raise a fuss. At least is rural AZ. Actually, everybody is pretty polite.


23 posted on 05/24/2009 7:39:56 AM PDT by super7man
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To: super7man

Bump for later.


24 posted on 05/24/2009 7:40:58 AM PDT by painter (No wonder democrats don't mind taxes.THEY DON'T PAY THEM !)
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To: 668 - Neighbor of the Beast

Exactly right. This was ALL about intimidation. “This is what you’ll face if you exercise your right to bear arms openly.” And this is why these “cops” should be fired and the city fined bigtime.

We as the American people MUST NOT permit this sort of tactic to deter us from exercising our rights to keep, bear and carry arms. Allow the goverment to intimidate us and the nation is lost, along with our liberty.


25 posted on 05/24/2009 8:06:53 AM PDT by Oldpuppymax (AGENDA OF THE LEFT EXPOSED)
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To: Wonder Warthog

And to add to your point, the sheriff should lose his sovereign immunity in the lawsuit against him for depriving a man of his rights.

There is no reason why taxpayers should foot the legal bills of people who abuse the authority of their elective office. People who exceed their authority and deprive people of their rights should be forced to bear their own legal expenses - and the penalties.


26 posted on 05/24/2009 8:10:29 AM PDT by NVDave
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To: NVDave

Hear Here !!! ==== People who exceed their authority and deprive people of their rights should be forced to bear their own legal expenses - and the penalties.


27 posted on 05/24/2009 8:14:23 AM PDT by litehaus (A memory tooooo long)
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To: PubliusMM

ping


28 posted on 05/24/2009 8:18:54 AM PDT by VNam68
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To: DHC-2
". 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."

No, actually they won't "...always will...(panic)". The whole purpose is to educate those morons who have been misled and mistaught to fear inanimate objects. I hope the "open carry" movement continues and expands. When I was growing up (1960's), I often carried a 22 pistol with rat shot (Louisiana---lots of snakes) , openly, in a holster. Often stopped in to the local store to grab a cold soft drink on the way home (haying = hot work). Nobody even raised an eyebrow.

Our so-called "educators" have a LOT to answer for---none of it good.

29 posted on 05/24/2009 8:22:31 AM PDT by Wonder Warthog ( The Hog of Steel)
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To: NVDave

Concur!


30 posted on 05/24/2009 8:23:54 AM PDT by Wonder Warthog ( The Hog of Steel)
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To: 668 - Neighbor of the Beast
"The police accomplished what they intended. They discouraged innumerable other citizens from carrying openly."

The police demonstrate on a daily basis that the number one priority for every Law Enforcement Officer is officer safety. Your life, your property, and especially your constitutional rights place a distant second.

31 posted on 05/24/2009 8:39:17 AM PDT by Natural Law
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To: 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?"

This was a STUPID post ... and there are some. But even though people have a right post stupidly on FR ... why they do it?

32 posted on 05/24/2009 8:44:02 AM PDT by Natural Law
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To: marktwain
Carrying a firearm openly is not illegal in Georgia

Legal issues aside, carrying a 1911 by sticking it in the wasteband of your pants, sans holster, is a dumb thing to do.

33 posted on 05/24/2009 8:45:12 AM PDT by TC Rider (The United States Constitution - 1791. All Rights Reserved.)
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To: DHC-2

I keep wondering if the attitude is/would/should be the same if one sees a nice, well-dressed, obviously middle class white man openly carrying a firearm, versus a gangsta-looking black man openly carrying.

Somehow, I don’t think most people would have the same reaction (or maybe they would)...


34 posted on 05/24/2009 8:45:29 AM PDT by Amelia
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To: marktwain; Joe Brower
So "open carry" becomes "concealed" when the polizei can't find any other excuse for an arrest.


35 posted on 05/24/2009 8:51:14 AM PDT by Travis McGee (--www.EnemiesForeignAndDomestic.com)
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To: TC Rider
“Legal issues aside, carrying a 1911 by sticking it in the wasteband of your pants, sans holster, is a dumb thing to do. “

As a general practice, you are correct. In this case, the pistol was in a holster in his waistband, according to the filing.

Even so, sometimes circumstances make less than optional methods acceptable until you can do better.

36 posted on 05/24/2009 8:56:41 AM PDT by marktwain
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To: Wonder Warthog
Our so-called “educators” have a LOT to answer for-—none of it good.

You said a mouthful, and all of it correct. We have been lied to for three generations, and the “chickens” are coming home to roost. The lies have gotten “progressively” (pun intended) worse as time goes on and they have to cover up the failures of earlier lies.
37 posted on 05/24/2009 8:59:48 AM PDT by marktwain
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To: rabidralph
Yes, I posted the story to freerepublic. Is there any news coverage of the open carry rally scheduled for 22 June in Madison, at the Capitol?
38 posted on 05/24/2009 9:13:32 AM PDT by marktwain
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To: marktwain
There's a forum on Opencarry.org that's discussing the rally so new info might go up there.
39 posted on 05/24/2009 9:17:26 AM PDT by rabidralph
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To: DHC-2
This is just a case of STUPID cops ... and there are some. But even though people have the “right” to speak openly 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 hear someone speaking freely and panic always do (and always will). Why not just think to yourself and not kick every dog you walk by? I still say free speech, although perfectly legal in Georgia, is a person “showing off” ... using free speech as “bling” ... look at me I can speak freely. Its as “stupid” as the cops. In this case the cops were DEAD WRONG ... but why speak openly and bring up these situations. A lot of people are just afraid of free speech 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 speak freely in Georgia ... but the last thing I want is to let people know I have free speech ... it is the “surprise” of free speech that makes it work. I don't need the bling. For those who will invariably say, exercising your free speech 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 “free speech bling” thing, we're going to cause the sheeple to react against us. I'd rather keep my free speech than make a point I could lose in this day and age.

There, I fixed it so now it says what I think you were trying to say.

40 posted on 05/24/2009 9:23:35 AM PDT by Will we know the moment
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