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.
As you've noticed from the LEO's answer to the complaint Georgia Carry - Paulding Co. Ga Incident they are attempting to hide behind every kind of immunity they can think up.
If there was an uncontested right to carry concealed, but a permit was required to carry openly, would that make you happy? Or would you then join the anti-gunners by asking, "Why would anybody need to conceal a firearm?" "Are they intending to commit a crime?" "If they have nothing to hide, why not carry the gun openly?" Wouldn't that be the honest thing to do?"
Anti-gunners can't make up their minds because they are not "anti-open-carry" or "anti-concealed-carry", they are just "anti-carry".
Are you in favor of having every uniformed policeman carry only concealed? Why not? Who gave you the power to impute criminal intentions simply because a person is openly bearing arms?
Are you under the mistaken impression that carrying concealed, whether with a permit or without one, would somehow solve the problem of police intimidation? You won't have to look very far to find refutation of that.
After the LEO pulls his weapon and aims it "gangsta style" they hassle this guy for awhile, even claiming that a Tylenol caplet is a narcotic while out of the container.
Here is a post on the incident from the Of Arms and the Law site... Glynn County Georgia Open Carry Incident
Once the lawsuit settlement comes out, I expect that you'll see quite the opposite effect once people start to calculate the hourly rate of being arrested and jailed for doing something completely legal.
Two gentlemen in Virginia settled for $10,000 and $15,000 respectively with the city of Norfolk last year after being confronted by police over lawful open carry, and neither of them were even put in a squad car, let alone a jail cell.
Hopefully at least one of the officers involved in this flagrant abuse of power will see the inside of a jail cell himself.
Because unless you kick the sh!t out of the pit bull of police corruption and abuse every so often, to insure that it cowers in fear every time you lift your hand, then people carrying firearms openly won't be the only victims of false arrest, trumped-up charges, false imprisonment, and theft under color of law.
That was pretty much the "rational" for banning concealed carry in the first place.
LOL, I’m not downplaying your fear. I have the same. But the “liberal warriors” are going to have to learn to drive tanks/fighters/boats as there is small chance the military would support martial law under any circumstances. Here’s a little secret too; the military is the bedrock of conservatism. It is my only point of hope as the “hopey/changey” regime rolls over countless Constitutional rights.
That's a great answer to the question I asked. Just like the libs ... can't answer the question, so you revert to calling names. I said the cops were wrong, I said people have the RIGHT to open carry in Georgia, I even said that I PERSONALLY have the right to open carry in Georgia. I covered all that, then I asked a question. But my question was WHY do it, just to flaunt that you can? And it still comes down to “bling” ... “look at me, I have a big gun” ... kidstuff and not necessary. These are firearms for self and familial defence for mature adults, not cowboy pistols for little kids. My purpose in asking the question was to ask people to think beyond the RIGHTS THEY ALREADY HAVE ... why do you have to flaunt this right ... you already have it. And the answer will be "because I can and its my right" ... now there's a real mature reason. (By the way, fill out your web page, tough to tell if I'm talking to an adult or a kid).
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.