View Single Post
#227
Old 04-26-2012, 02:18 PM
Elmer Elmer is offline
Funk this....
  • Oct 2004
  • 25,506
  • Multi State
  • 0
Quote from darkfrog View Post :
The CCW question was merely an aside because I was wondering if these guys had the background checks required for CCW, nothing more needs to be read into my question.
That said, the laws in Georgia for open carry are a little muddled. It is clear that permit holders can carry open. You can also carry open in your home or business and have a weapon accessible in your car without a permit. However, if you do not have a permit, you cannot open carry anywhere else.

They may have believed they were interceding in a crime but they were not protecting either their own property or life. They went out of their way to hold innocent people at gunpoint outside of their own property. The police have a wide discretion in these situations, civilians, not so much.
I asked, because in California, for example, in certain cases, there are exemptions for many of the gun/carry laws, for exigent circumstances. If I was interceding in what I reasonably believed to be a crime taking place, I could slip a loaded gun in my pocket, and go across the street to do so, even if I weren't normally allowed to do so. The line between law enforcement and regular citizens in such matters aren't as wide as one would believe.

It would surprise me if GA doesn't have similar laws, or at least case law that would allow such exemptions.

This would be a sticky situation for the prosecution, because if there was no probable cause to believe the couple was in fact breaking the law, why were they arrested?

Unless the neighbors provided false information to the police, which was the probable cause for the couple's arrest, they may have a very interesting defense to their arrest.
Despite what your Mama told you, violence does solve problems.
-Ryan Job