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Man files suit over (OC) arrest in Gwinnett park

Discussion in 'Carry Issues' started by TBO, May 3, 2012.

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  1. TBO

    TBO Why so serious? CLM

    Man files suit over arrest in Gwinnett park

    http://www.ajc.com/news/gwinnett/man-files-suit-over-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
    ********************
     
    Last edited by a moderator: May 5, 2012
  2. Moonfish

    Moonfish CLM

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    Feb 20, 2007
    Texas (DFW)

  3. NvrDwn

    NvrDwn

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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.
     
  4. ballr4lyf

    ballr4lyf

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    Jan 3, 2012
    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.
     
  5. RussP

    RussP Moderator

    33,409
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    Central Virginia
    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____
    ___________________________
    Clerk of Probate Court​
    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.
     
    Last edited: May 5, 2012
  6. Moonfish

    Moonfish CLM

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    Texas (DFW)
    Interesting.... Linkedin indicates he works for a company called "between employers".
     
  7. ballr4lyf

    ballr4lyf

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    Jan 3, 2012
    Small victories. :whistling:
     
  8. RussP

    RussP Moderator

    33,409
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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 Files:

    Last edited: May 4, 2012
  9. Drain You

    Drain You NRA member

    1,846
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    Apr 25, 2012
    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.
     
  10. RussP

    RussP Moderator

    33,409
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    Central Virginia
    Yes, he was legally carrying.

    Did you read the incident reports? They contain more information.
     
  11. Drain You

    Drain You NRA member

    1,846
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    Apr 25, 2012
  12. RussP

    RussP Moderator

    33,409
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    After reading them, do you still hold that "anything anyone did to him after that was wrong?"
     
  13. Warp

    Warp ΜΟΛΩΝ ΛΑΒΕ

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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.
     
  14. Sam Spade

    Sam Spade Lifetime Member

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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.
     
  15. Warp

    Warp ΜΟΛΩΝ ΛΑΒΕ

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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.
     
    Last edited: May 3, 2012
  16. Search

    Search

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  17. Sam Spade

    Sam Spade Lifetime Member

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    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?
     
  18. Warp

    Warp ΜΟΛΩΝ ΛΑΒΕ

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    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)
     
    Last edited: May 3, 2012
  19. Sam Spade

    Sam Spade Lifetime Member

    14,814
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  20. forsythglock

    forsythglock

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    Georgia
    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.
     
    Last edited: May 3, 2012
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