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Old 05-03-2012, 13:53   #1
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Man files suit over (OC) arrest in Gwinnett park

Man files suit over arrest in Gwinnett park

http://www.ajc.com/news/gwinnett/man...r-1429992.html

********************
RussP Note - 05/05/2012, 09:30 - Last night the principal in this story quoted posts from this thread on GeorgiaPacking.org. This morning I invited him and anyone else there commenting on the GT posts to come join the thread. Hopefully, he will do so.

I also want to remind everyone of this thread about behavior here in Carry Issues - http://glocktalk.com/forums/showthread.php?t=1340177.

Thanks
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Originally Posted by Rooster Rugburn:
Didn't the whole sheepdog thing actually start right here on Glock Talk? A bunch of wannabees bought a bunch of T-shirts and took an oath to defend those who won't defend themselves?

Last edited by RussP; 05-05-2012 at 07:35..
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Old 05-03-2012, 15:05   #2
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This:

Quote:
When the officers asked to see Proescher's driver's license, he answered, "I'm not driving." Asked for his date of birth, once Proescher answered, "What does it say on the permit?"
Leads to this:

http://georgia.arrests.org/Arrests/C...scher_7785980/
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Old 05-03-2012, 15:24   #3
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Even though it sounds like the officers were in the wrong, the guy brought it upon himself when he became an ass.
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Old 05-03-2012, 15:24   #4
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If anybody should lose their job in this story, it should be the doosh-nozzle that was OC'ing. This guy works at a gun store and probably has contact with a good number of new gun owners... The last thing we need is this dummy influencing new gun owners.
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Old 05-03-2012, 15:37   #5
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Those multiple birth dates may bite him if he has different dates on documents sworn to include true information - that perjury thing.

05/05/2012: Let me amend my comment. There is no date format specified on the the Georgia Application for Weapons Carry License. It simply provides a space to enter: ______/_____/_____.

However, at the bottom of the application where the notary signs, the format is:
Sworn to and subscribed before me
This _____ day of _____________, 20____
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That is how the date appears on his GWCL, the 12th day of May, 1958, 12/05/1958.

In one post somewhere he did state that after 12 years in the military entering dates with the DD/MM/YEAR, it's a hard habit to break.

I do believe he should not have given the answer he allegedly did about could be blah blah or it could be blah blah.
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Last edited by RussP; 05-05-2012 at 07:07..
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Old 05-03-2012, 15:54   #6
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Quote:
Originally Posted by ballr4lyf View Post
This guy works at a gun store and probably has contact with a good number of new gun owners...
Interesting.... Linkedin indicates he works for a company called "between employers".
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Old 05-03-2012, 16:00   #7
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Interesting.... Linkedin indicates he works for a company called "between employers".
Small victories.
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Old 05-03-2012, 17:00   #8
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The attached incident reports are posted at the following url: Is it time for a "walk in the park?"

To enlarge the image after clicking on the thumbnail, click on the + sign in the upper left corner.
Attached Thumbnails
Carry Issues - Click for larger version   Carry Issues - Click for larger version   Carry Issues - Click for larger version  
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Old 05-03-2012, 17:08   #9
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The only question I have was left unanswered by the article: was it legal for him to be carrying?

If yes, then anything anyone did to him after that was wrong.
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Old 05-03-2012, 17:20   #10
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Quote:
Originally Posted by Drain You View Post
The only question I have was left unanswered by the article: was it legal for him to be carrying?

If yes, then anything anyone did to him after that was wrong.
Yes, he was legally carrying.

Did you read the incident reports? They contain more information.
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Old 05-03-2012, 18:38   #11
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No I did not see those.
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Old 05-03-2012, 19:32   #12
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Quote:
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No I did not see those.
After reading them, do you still hold that "anything anyone did to him after that was wrong?"
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Old 05-03-2012, 19:41   #13
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Let me see if I can get this right...If you believe what is in the report (all reported by LEOs and an on duty security guard who provided a written statement) the open carrier:

*Was asked to leave multiple times by a uniformed security officer
*Did not leave
*Refused to answer questions such as how he got there, if he had a driver license/what state the driver license was from, etc
*Provided a DOB different than what is on his permit (does sound like an easy mistake...5-12-58 vs 12-5-58)

No wonder he ended up in government supplied bracelets.
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Old 05-03-2012, 19:52   #14
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He's suing the police for violating his rights, even though they checked with an on-call magistrate to ensure that there was probable cause to support an arrest *before* they made the arrest.

I'm not seeing this gaining a lot of traction.
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Old 05-03-2012, 20:10   #15
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I do see how some people have issue with it. State law allows carry in parks and GA has preemption...

Of course, at the same time, as many of you know, I simply don't buy into the course of action where a person refuses to provide identification to police when contacted as a result of openly carrying a firearm. Especially when security for the location in question called the police to begin with.
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Old 05-03-2012, 20:15   #16
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Good arrest. He has no case.

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Old 05-03-2012, 20:18   #17
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I do see how some people have issue with it. State law allows carry in parks and GA has preemption...
Wasn't arrested for carry; he was arrested for trespass. The cops specifically checked with the court to see if there was enough to bring that charge. Assuming they gave the full facts to the judge, there isn't going to be a federal civil rights violation if they followed his opinion. Assuming the security guard gave the full facts to the cops, *he* hasn't done damage to the guy looking to "normalize open carry": he made a report, that's all. And the judge has immunity.

So where's the tort?
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Old 05-03-2012, 20:21   #18
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Quote:
Originally Posted by Sam Spade View Post
Wasn't arrested for carry; he was arrested for trespass. The cops specifically checked with the court to see if there was enough to bring that charge. Assuming they gave the full facts to the judge, there isn't going to be a federal civil rights violation if they followed his opinion. Assuming the security guard gave the full facts to the cops, *he* hasn't done damage to the guy looking to "normalize open carry": he made a report, that's all. And the judge has immunity.

So where's the tort?
I don't see one.

I'm just saying that there are people, I am sure, who won't think the arrest is just.

But while we are on the subject...what does it take to be charged with trespassing in a public park? Can a security guard decide you are not welcome, ask you to leave, and if you don't it's trespassing? (apparently the answer is yes, given what happened)
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Old 05-03-2012, 20:32   #19
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I agree with your take on things.
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Old 05-03-2012, 21:50   #20
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Quote:
Originally Posted by Warp View Post
But while we are on the subject...what does it take to be charged with trespassing in a public park? Can a security guard decide you are not welcome, ask you to leave, and if you don't it's trespassing? (apparently the answer is yes, given what happened)
I think the law in GA states that carry in a public park is legal, and it goes on to say that counties/cities cannot have local laws that prohibit this. I don't think the guard had any legal right to trespass the guy. I think the guy might have acted like an a--, but being an a-- is not illegal.

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