FFL dealer convicted of Agg Assault

Discussion in 'In the News' started by gunsmoker, Jan 29, 2007.

  1. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    An FFL holder who had apparently been robbed some time in the past was driving along when a vehicle came up suddenly from behind him and was tailgating. He says he feared the was being set up for a carjacking or highway robbery, so he pulled a pistol. The vehicle behind him backed off. Happy ending? Not quite.

    The vehicle behind him didn't contain some would-be carjackers. It was an impatient soccer mom and her family. And she was the one who called 911, not the gun dealer.

    When the gun dealer was put in trial for aggravated assault (a 20-year felony) the trial judge would not allow him to testify about how he previously had been robbed, thus causing him to be extra-nervous about his personal safety. Not relevant, since there was no evidence that the past robber had any connection to this woman.

    When the gun dealer wanted to point out that he had an FFL dealer's license, and he wasn't just some redneck with a gun in his pickup, the State opposed it, saying that this was not relevant, and was an impermissible "good character" sort of evidence. The trial judge reserved a ruling on this issue, and the defendant's attorney never asked the questions about him having a license.

    During closing arguments in the trial, the defense attorney at one point started talking about the Second Amendment and people's right to bear arms. The State objected, again saying the 2A was not relevant in this case, and the judge agreed, instructing the defense attorney only to argue theories that are relevant to the evidence and a recognized legal defense.

    After he was convicted, he appealed. The Court of Appeals of Georgia upheld his conviction. See Adams v. State, docket # A06A2447, decided Nov. 27, 2006.


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  2. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Pulled a pistol and did what? What was the aggravated assault. Frankly, if somebody poninted a pistol at me because they did not like my driving, I would also press charges if he survived.

    Were I afraid of a robbery about to occur, I would "pull a pistol" as well to have it ready, but the tailgating car that I feared was a robber would not see it until it was too late.

    Frankly, it sounds like the FFL may have committed aggravated assault. Hard to tell from your post.

    I am not sure from your post that any of the rulings of the trial court were incorrect. The Second Amendment grants no right to commit aggravated assault on tailgating soccer moms. At least, I don;t think so.

    Maybe with some more details I would hold a different opinion, but from what you posted, my conclusions are that the trial court and appellate court were correct.
     

  3. foshizzle

    foshizzle New Member

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    What did he do... wave a gun at them? Stick it out the window? She must have seen it somehow to call the cops.

    If I was worried I was being followed, I would probably start my way towards a police or fire station if it were in my local area. Otherwise I would call them. I would leave enough room to get away if I came to a stop. I would also check my mirrors if I did stop to see if anyone rushed me or something. If someone came out of the car, I figure I would try to get away or whip out my piece. However, the chances of anyone caring one bit about me are slim to none.

    There must have been at least a decent case for him to get convicted. Maybe with a better lawyer he could have pled it down or something. He probably could have had the same charges if he brake-checked the person instead of pulling a gun. Driving sucks... it's so stressful, espcecially around here.

    I still don't see how his having a FFL would at all relate to the case at hand. But then, I'm not a lawyer.

    Interesting story though... shows how you have to keep your wits about you at ALL TIMES when you are CCW'ing... not much room for error. It's truly your last resort!
     
  4. Rammstein

    Rammstein New Member

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    I am going to have to agree with MP on this one.

    Just because you have a right to bear arms doesn't mean you get to threaten people with said arms.
     
  5. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Unless in justified self defense, of course.

    Yep! :wink: A lot of people don't know that.
     
  6. Adam5

    Adam5 Atlanta Overwatch

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    I'm going to agree also. If I pulled my gun every time someone tailgated me my arm would be tired from the constant drawing/holstering.
     
  7. asbrand

    asbrand Active Member

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    Former roommate of mine used to drive a Jeep Grand Cherokee.

    He was on Spring Road in Smyrna a few years ago when some jerk kept tailgating him in the right hand lane. Fed up with it, my roommate just slammed on his brakes and the dude behind him buried his hood under the Jeep's rear bumper.

    Guy gets out of his car screaming until my roommate, all 6'6" 220#'s of him, steps out of the Jeep, already dialing 911 on the cellphone on one hand, open carried Baretta 9mm on his hip (has a carry permit), and asks "You got a problem?" in a nice tone of voice.

    Suddenly, the tailgater got real polite...

    Cops came, gave the guy a ticket for following too close. My roommate just claimed a squirrel or something ran across the street and he braked to avoid hitting it. Roommate never got a ticket or anything. Barely damaged his bumper. Tore the heck outta the other guy's car's front end.

    Bet he won't tailgate again anytime soon...
     
  8. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Your roommate sounds dangerously unstable and dishonest to boot. Your story indicates that he violently attacked these people with his car, not in self defense, and then lied to law enforcement to cover his illegal act. It frankly worries me that a person like this habitually carries a firearm.
     
  9. Adam5

    Adam5 Atlanta Overwatch

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    There have been times that I *wanted* to do that, or *wanted* to hit the gas as a light turns green, even though there are 6 people still running their now red light. But I feel there is a difference between wanting to do something and actually doing it. In actuality, your roommate could have been charged with road rage for his actions. What if someone in the other car wasn't belted in and got hurt or killed in the accident? What if the other driver swerved to avoid him, and hit an oncomming car head on? IMHO, the risks of "teaching that guy a lesson" aren't worth it. Karma will come around and bite him on the a** one day.
     
  10. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    We can only hope.
     
  11. asbrand

    asbrand Active Member

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    Sorry...I don't follow. Stepping on your brakes is "attacking another person with a vehicle"?

    LOL

    Where *do* you come up with these ideas? :roll:

    Road rage? Where was the rage? Oh, yeah...the guy who was tailgating and being a dick.

    *rolls eyes*
     
  12. tj2000

    tj2000 New Member

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    !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

    Boys, calm down. Group hugs everyone!!!!!!!!!!!!!
    TJ :lol: :lol: :lol: :lol: :lol:
     
  13. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    I come up with them from silly places called the courts where warrants have been issued for aggravated assault even when an actual crash did not occur, as occurred in the case of your roomate.

    I frankly find it disturbing that your roommate would, while carrying a gun, violently attack somebody for "tailgating and being a dick." Your roommate should not be carrying.

    He also filed a false report. That is a crime. I would add that he obstructed the officer in his duties (determining the cause of the crash, which was your roommate, not the other car).

    So he is a violent criminal and a liar.

    Did I leave anything out?

    A person like your roommate needs to work on his self control issues before carrying a gun again. He already, just by virtue of your anonymous post, gives the rest of us law abiding and peaceable types a bad name.

    I also find it disturbing that you think the behavior of the other people justifies your roommate's violent reaction and subsequent lies to the police, who were trying to determine the cause of the collision.

    And we have only your side of the story. The story might be even worse if we heard from the "tailgating dick."

    tj2000, I am perfectly calm, as is asbrand.

    His roommate probably isn't. :D
     
  14. kkennett

    kkennett New Member

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    I suspect that I suffer from the same 'maleness' that asbrand's roommate likely does. My first impulse in these type situations is to do exactly the same thing. That being said, part of being an adult is resisting such impulses and exercising self-control. As I grow older, occasionally listen to my wife, try to teach my children, etc., I find that being 'right' and showing the other guy isn't worth it. Why not just pull over and let the other guy go tailgate someone else? I have to agree with MP on this one, this guy should not be carrying a firearm if he's the type of person who is willing to cause and car wreck and lie to the police in order to avenge the imbecilic behavior of another driver.
     
  15. Adam5

    Adam5 Atlanta Overwatch

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    Stepping on the brakes and slamming on the brakes are two different things. Saying that he was "Fed up" with the tailgater indicates anger making it road rage.
     
  16. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Mine, too!

    I think it is the same for most everyone.

    That is why the main issue in my post is about self control. I like to think GFL holders have good self control.

    The compounding problem of obstructing a police officer makes me think the roommate has more issues than simply self control, however.
     
  17. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    I hate tailgaters

    I hate being tail-gated. I consider it a danger to me, even though I'm in front. Sometimes I will go out of my way to let the dude pass me, even if it means pretending to make a turn and then quickly changing my mind and pulling behind him after he goes by me. Sometimes I'll speed up, if I'm barely doing the speed limit and he'd rather do 5-10 mph over.

    But sometimes when I'm already speeding and he's got plenty of room (or other lanes in the same direction of travel) to use, and I think he's just being an aggressive jerk, I'll slow down. Not with the brakes. NEVER by hitting the brakes. Just by taking my foot off the gas and dropping 3 mph, then another 3-5 mph, and then a few more until I'm doing about 15 mph under the posted speed limit. Admittedly, this doesn't always prompt the idiot to pass me. Sometimes the tailgating continues for miles. But at least it's LESS DANGEROUS tailgating, because if he's putting me in danger of a wreck, at least now it's going to be a low-speed wreck.

    Am I slowing my own progress by doing this? Sure, but I figure that at this particular place and time, he's obviously more concerned about speed than I am. So slowing us both down won't bother us both equally. It impacts him a lot more.

    P.S. If I only slow down for a few miles and then speed back up to my normal speed (approx 5-10 mph over the limit), the guy will often back off, thankful that he can go "fast" now !! (It's all a matter of perception)
     
  18. USMC - Retired

    USMC - Retired New Member

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    If it's daytime I find that turning on my headlights momentarily gives the impression of breaking to the tailgater and they in turn actually break giving me some more distance without the chance of them hittin me. If that don't work I do like gunsmoker and let off the gas until they feel the need to go ahead and pass.
     
  19. tj2000

    tj2000 New Member

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    @#$%&

    So does this mean no group hugs?
    TJ #-o #-o [-( I love these little emoticons.
     
  20. USMC - Retired

    USMC - Retired New Member

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    To quote GySgt Highway from the movie "Heartbreak Ridge"


    "This don't mean we're gonna be taking long warm showers together..." :lol: