Man sues over arrest for open carry
Firearm & Gun Forum - FireArmsTalk.com > Handguns > Concealed Carrying & Personal Protection > Man sues over arrest for open carry

Reply
 
LinkBack Thread Tools Display Modes
Old 05-05-2012, 12:42 AM   #1
Feedback Score: 0 reviews
 
Join Date: Jan 2012
Posts: 804
Liked 26 Times on 22 Posts
Likes Given: 67

Default Man sues over arrest for open carry

SUGAR HILL, Ga.May 4 2012 — Private security guard, cops faulted. Gun carrier says his rights were violated in Sugar Hill.

A Forsyth County man is suing two police officers and a private security guard for arresting and jailing him for wearing a holstered gun while he exercised at Sugar Hill’s Gary Pirkle Park.

According to a federal lawsuit, private security Officer Reid Hanna told Christopher Proescher that Sugar Hill city ordinance prohibited firearms in public parks.

And Proescher told Hanna he was wrong. Proescher said in an interview Wednesday he had checked with the city a year ago concerning Georgia’s law that allows gun owners with permits to carry their weapons in parks.

Proescher, who had a permit to carry a gun, said in the suit filed last week that he was exercising his constitutional rights when he put on his athletic shoes and strapped on a Smith and Wesson M&P about noon April 20 for a regular trip to the walking path three miles from his house.

“I’m an open carry advocate,” said Proescher, who works in a Cumming gun shop. “I believe [openly carried guns] will never become accepted unless people do it.”

http://privateofficernews.wordpress.com/2012/05/04/ga-man-sues-cops-guard-over-arrest-for-open-carry-www-privateofficer-com/

__________________
Ranger-6 is offline  
 
Reply With Quote

Join FirearmsTalk.com Today - It's Free!

Are you a firearms enthusiast? Then we hope you will join the community. You will gain access to post, create threads, private message, upload images, join groups and more.

Firearms Talk is owned and operated by fellow firearms enthusiasts. We strive to offer a non-commercial community to learn and share information.

Join FirearmsTalk.com Today! - Click Here


Old 05-05-2012, 04:20 AM   #2
Feedback Score: 0 reviews
 
Chubbyhawaiian's Avatar
 
Join Date: May 2012
Posts: 39
Liked 1 Times on 1 Posts

Default

The defendant sounds like a tool. Why would you give responding leo's a hard time and show disrepect for authority. I bet if he cooperated he wouldnt have spent the night in jail.

__________________
Chubbyhawaiian is offline  
Don Davis Likes This 
Reply With Quote
Old 05-05-2012, 04:28 AM   #3
Moderator
FTF_MODERATOR.png
Feedback Score: 0 reviews
 
JonM's Avatar
 
Join Date: Nov 2009
Location: Rochester WI,Rochester WI
Posts: 17,649
Liked 5738 Times on 2997 Posts
Likes Given: 379

Default

Honestly after reading the full story i would have arrested him as he was providing suspicous evidence. Being abusive to police while armed is generally not a good tactic.

Looks like a dirtbag trolling for exactly what happened in order to get a lawsuit going.

__________________

"Gun control: The theory that a woman found dead in an alley, raped and strangled with her panty hose, is somehow morally superior to a woman explaining to police how her attacker got that fatal bullet wound." — L. Neil Smith

The problem with being stupid is you cannot simply decide to stop doing dumb things...

JonM is offline  
2
People Like This 
Reply With Quote
Old 05-05-2012, 07:17 AM   #4
Feedback Score: 0 reviews
 
Join Date: Dec 2010
Location: Lima,Ohio
Posts: 2,935
Liked 2562 Times on 1154 Posts
Likes Given: 2457

Default

Here we go again. The guy isn't doing anything illegal but he is forced to explain himself just because he's carrying. What is even sadder, is we have pro 2a members upset with him because he told them to go piss up a rope. If he had been exercising unarmed would the security guard have bothered with him? Why do you guys think it is OK for people to be hassled when they aren't doing anything wrong? The only time police stop me when I'm driving is when I'm doing something wrong. They don't just pull me over because I'm driving. "OMG that guys got a car we better stop him, or OMG that guys got a baseball bat we better stop him." What is the flippin difference?

__________________
rjd3282 is offline  
7
People Like This 
Reply With Quote
Old 05-05-2012, 11:09 AM   #5
The Apocalypse Is Coming.....
Feedback Score: 0 reviews
 
Join Date: Aug 2011
Posts: 28,735
Liked 21592 Times on 12249 Posts
Likes Given: 53672

Default

the only issue i see is, is the park public or a private park available to the public? why is a private security guard patrolling a public park? he checked into the fact that he was legal to carry in a public park, okay, that seems good, but if the park is private property available to the public and being patrolled by private security, then they do have the right to restrict carry. but if the park he was in was a public park, then why is a private security guard patrolling it in the first place? another thing is, he did seem a little evasive in the regards to his birthdate. seems like some of the facts are not being told or have been deleted.

__________________
Axxe55 is offline  
 
Reply With Quote
Old 05-05-2012, 12:00 PM   #6
Feedback Score: 0 reviews
 
treehugger49's Avatar
 
Join Date: Apr 2009
Location: Newnan,Georgia
Posts: 421
Liked 42 Times on 36 Posts
Likes Given: 2

Default

Quote:
Originally Posted by Chubbyhawaiian View Post
The defendant sounds like a tool. Why would you give responding leo's a hard time and show disrepect for authority. I bet if he cooperated he wouldnt have spent the night in jail.
Some people, I guess, turn into "tools" when they are bullied by other tools acting on erroneous information. For a "rent-a-cop" to threaten throwing him out of the park for no legal reason escalated the situation to the point where it sounds like both sides violated common courtesy.

The law changed a couple of legislative sessions ago that now bars local governments from enacting any restriction more prohibitive than state law. Firearms are legal in parks throughout the state.
__________________

XD-40 service, XD-9sc, member GeorgiaCarry.Org, National Rifle Association, Gun Owners of America, North American Hunting Club, Rocky Mountain Elk Foundation


Last edited by treehugger49; 05-05-2012 at 12:13 PM.
treehugger49 is offline  
bluez Likes This 
Reply With Quote
Old 05-05-2012, 12:45 PM   #7
Feedback Score: 0 reviews
 
Chubbyhawaiian's Avatar
 
Join Date: May 2012
Posts: 39
Liked 1 Times on 1 Posts

Default

Quote:
Originally Posted by tCan

Why is this ignorant garbage always the first response to this situation? I bet if you had any respect for the 4th and 5th amendment, you'd not have posted this. You're the tool my friend. The government has brainwashed you into believing they are always right.

You need to see this post: http://www.firearmstalk.com/forums/f97/michagan-teen-arrested-legal-open-carry-63238/index16.html#post787080
Maybe we should just get rid of all those pesky police so you can put your life in danger every time a problem comes up. The fact that the guy wants to play games and can't verify his birthday on his permit leads me to think it would be a fake one or he can't responsibly carry a lethal weapon if he thinks its a game. Wether he's in his legal right or not to be carrying, obviously he's not mature enough to carry. I would understand him thinking its funny to give a rent a cop a hard time, but when leo's have to get involved why waste their time and escalate it? If he's not a criminal then why act like one?
__________________
Chubbyhawaiian is offline  
 
Reply With Quote
Old 05-05-2012, 01:20 PM   #8
FTF_SUPPORTER.png
Feedback Score: 0 reviews
 
Overkill0084's Avatar
 
Join Date: Sep 2010
Location: Weber County, Utah
Posts: 4,336
Liked 2871 Times on 1429 Posts
Likes Given: 302

Default

It's actually quite simple. The burden is on the government to know the law and to properly enforce it. It's not the burden of the citizen to look innocent or necessarily be pleasant about being wrongfully detained. Much like the first amendment, free exercise of freedoms by others may annoy me or I might feel that they are silly in the way they do it. However, it's not my call, nor is it the call of random badge carriers to infringe on those rights if exercised lawfully. A man has every right to open carry in jurisdictions that allow it. Whether you or I agree isn't really the point. Whether he flunked the "attitude test" shouldn't really matter on points of constitutional law. The LEO's (or Security guard's) feelings are not covered in the bill of rights, IIRC.
The point is, those responsible for enforcing the law have know what is legal and they have get away from the "I don't don't like it, so you must be disturbing the peace" mindset.

__________________
Cheers,
Greg
MSgt, USAF, Retired
NRA Life Member

"We've replaced what was an exceptional country with a tolerant country. " Greg Gutfeld
Overkill0084 is offline  
4
People Like This 
Reply With Quote
Old 05-05-2012, 01:21 PM   #9
Feedback Score: 0 reviews
 
Join Date: Dec 2010
Location: Lima,Ohio
Posts: 2,935
Liked 2562 Times on 1154 Posts
Likes Given: 2457

Default

Quote:
Originally Posted by Chubbyhawaiian View Post
Maybe we should just get rid of all those pesky police so you can put your life in danger every time a problem comes up. The fact that the guy wants to play games and can't verify his birthday on his permit leads me to think it would be a fake one or he can't responsibly carry a lethal weapon if he thinks its a game. Wether he's in his legal right or not to be carrying, obviously he's not mature enough to carry. I would understand him thinking its funny to give a rent a cop a hard time, but when leo's have to get involved why waste their time and escalate it? If he's not a criminal then why act like one?
Why was he stopped in the first place? That's my problem with the whole thing. The answer is, he was stopped solely on the basis that he was carrying a gun. That is not illegal so why bother the guy at all? That's the point, the point isn't who was a tool or not. Why hassle someone who isn't breaking the law? Permits be damned, the second amendment is your permit.
__________________
rjd3282 is offline  
2
People Like This 
Reply With Quote
Old 05-05-2012, 03:26 PM   #10
Feedback Score: 0 reviews
 
kycol's Avatar
 
Join Date: Apr 2012
Posts: 1,416
Liked 208 Times on 156 Posts

Default

I already know the ire that my post will draw, but I'm going to post any. I am not however going to be drawn into arguing or defending my view this time.

As axe pointed out perhaps we do not have all the details, but having a private security it would seem that it may have been a private park. If it was then the owners certainly have the right to set the rules the same as any property owner. We all have rights but my rights stop were they infringe on yours. I have my right to carry my weapons all the way to your home, but I have no right to enter your home with them without your permission.

Now if in fact this was a public park and you are fully within your rights to carry yes the guard was in the wrong. That being said his arguing with said guard and the police officers did nothing for him but land him in jail. And other people viewing the incident is more than likely viewing the gun owner in a bad light. However if he complied with the order to leave he could have still filed his lawsuits and fought for his rights. And by winning his lawsuits I am sure the same mistake would not happen again at that park.

Again I would love for gun owners to appear as intelligent, law abiding group. That is how we can gain the support we need. Like it or not each state can change the laws that affect gun ownership in many ways. There are people and groups that we cannot win over because their minds are already made up. And when we they are able show us in a bad light furthers their agenda. Our freedom of speech just took a large step in the wrong direction, mainly made possible by the actions of the occupy movement doing things the wrong way.

Do I think that government oversteps their boundaries hell yes I do. Federal, state, and local, but the law is the law. We do need to be working to change those laws. We need to gain support to help change those laws, but we must obey those laws until they are changed. We are not going to get that support by acting like an a hole.

In other threads I see people comparing to nazi Germany. Remember how Hitler gained so much power is he picked out a group of people and falsely made the the enemy. Then he united the remainder of the people against this false enemy.

__________________
kycol is offline  
2
People Like This 
Reply With Quote
Reply

Thread Tools
Display Modes


Similar Threads
Thread Thread Starter Firearms Forum Replies Last Post
Open carry Gunhand Concealed Carrying & Personal Protection 8 11-13-2011 04:06 PM
So can I open carry in MS or what? Scratchammo Legal and Activism 3 01-31-2011 06:41 PM
Why Open Carry? Boris Politics, Religion and Controversy 20 03-18-2010 01:38 PM
Open Carry vs. Concealed Carry Debate Tony Soprano The Club House 31 08-06-2009 04:23 AM
Milwaukee cops to arrest open carriers Gojubrian Politics, Religion and Controversy 20 04-27-2009 09:13 AM