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Man sues over arrest for open carry


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Old 07-07-2012, 02:06 AM   #71
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Originally Posted by dog2000tj

That's a 2 way street my friend - respect is earned, not given
And if you live by "respect is earned by given", are you rude to everyone you meet until they respect you? If so, then I fell sorry for whoever you come across.
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Old 07-07-2012, 02:09 AM   #72
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And if you live by "respect is earned by given", are you rude to everyone you meet until they respect you? If so, then I fell sorry for whoever you come across.
Where do you come to the conclusion that someone has to be rude before they give respect?
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Old 07-07-2012, 02:24 AM   #73
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the police actually have a duty to determine if a gun bearing person is an honest citizen or a nut job about to commit mass murder. we have enough incidents of spree killing to make interrogating an individual carrying a firearm openly a desirable thing to occur. so when a guy like the idiot in the story gives evasive answers and being combative i dont really have an issue with police arresting him to find out the truth.
The police DO NOT have the duty you described above. Without "probable cause", there is actually very little the police can do. While the police can question someone "without probably cause", the person being questioned is under no obligation to answer anything. He should politely say, "why am I being detained". If the police say "you're not being detained", than just walk away. I'm not saying I would do this. I may choose to cooperate with them, and then again, I may not. Each instance is different. If they think they have probable cause, they must inform you of it. The mere presence of an open firearm is not enough for "probable cause" (DeBury V US). They guy may have acted like a jerk. But that's not against the law. Absent any other facts, arresting him solely because he was open carrying was wrong and he has a case against them. I have the highest regard for police officers but they are not lawyers. Many times they are "instructed" to investigate every open carry incident because the Chief of Police and the DA are anti open carry.

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Old 07-07-2012, 02:57 AM   #74
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The police DO NOT have the duty you described above. Without "probable cause", there is actually very little the police can do. While the police can question someone "without probably cause", the person being questioned is under no obligation to answer anything. He should politely say, "why am I being detained". If the police say "you're not being detained", than just walk away. I'm not saying I would do this. I may choose to cooperate with them, and then again, I may not. Each instance is different. If they think they have probable cause, they must inform you of it. The mere presence of an open firearm is not enough for "probable cause" (DeBury V US). They guy may have acted like a jerk. But that's not against the law. Absent any other facts, arresting him solely because he was open carrying was wrong and he has a case against them. I have the highest regard for police officers but they are not lawyers. Many times they are "instructed" to investigate every open carry incident because the Chief of Police and the DA are anti open carry.

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Here's the text to back this up. http://www.firearmstalk.com/forums/f97/michagan-teen-arrested-legal-open-carry-63238/index16.html#post787080
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Old 07-07-2012, 05:24 AM   #75
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So you're saying you don't have to be a mature adult?
No I am not but as best as I can find their are no laws against being an immature adult. Maturity is not at issue here, GA law is. You have been disregarding GA law making assumptions throughout this entire thread, I suggest that you to stick to the facts at hand - http://www.firearmstalk.com/forums/f17/man-sues-over-arrest-open-carry-63841/#post790772

It has been shown time and time again in this thread - the security officer was wrong about the law, the Police were wrong about the law. There was no legal right to harass a GA resident for open carrying in public and a GA resident has no legal obligation to answer a Police officers questions. Escalating him to the point of arrest does not justify the means to that end.


Just because someone is given a badge and a gun does NOT make them the arbiter of authority
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Last edited by dog2000tj; 07-07-2012 at 05:34 AM. Reason: my bad, had 2 threads mixed up
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Old 07-07-2012, 05:42 AM   #76
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Originally Posted by dog2000tj

No I am not but as best as I can find their are no laws against being an immature adult. Maturity is not at issue here, GA law is. You have been disregarding GA law making assumptions throughout this entire thread, I suggest that you to stick to the facts at hand - http://www.firearmstalk.com/forums/f17/man-sues-over-arrest-open-carry-63841/#post790772

It has been shown time and time again in this thread - the security officer was wrong about the law, the Police were wrong about the law. There was no legal right to harass a GA resident for open carrying in public and a GA resident has no legal obligation to answer a Police officers questions. Escalating him to the point of arrest does not justify the means to that end.

Just because someone is given a badge and a gun does NOT make them the arbiter of authority
I'm speaking generally. There are for sure LEOs and security who get outta line. I won't deny that. But in your average situation I think cooperation works out best.
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Old 07-07-2012, 05:43 AM   #77
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Thats ok I was asking because laws change from state to state.
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Old 07-07-2012, 05:59 AM   #78
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I'm speaking generally. There are for sure LEOs and security who get outta line. I won't deny that. But in your average situation I think cooperation works out best.
That is correct but just as with respect, cooperation is a 2 way street. The security officer was wrong - period. It was the duty of the Police to inform him of that error and be on their way. Instead, they chose to harass a private citizen to the point of developing suspicion and ultimately arrest.

as I said, the they used the end to justify their means

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Thats ok I was asking because laws change from state to state.
they do but oddly enough their was an incident of almost the exact same circumstances in MI. Sad as it is, this is happening all too frequently all over the US
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Old 07-07-2012, 07:33 AM   #79
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I believe the story your talking about was an 18 year old open carrying a M1 Garand. If this isnt the one your talking about please let me know.
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Old 07-07-2012, 07:46 AM   #80
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Everybody can argue from both sides and still have good points. I like the idea of openly carrying handguns. But watch some of the videos on youtube, they are carrying scoped I'm deer rifles or ak 47s they seem to be trolling for trouble
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