Gun Shows

Discussion in 'Places Off-Limits' started by Malum Prohibitum, Jun 5, 2006.

  1. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Below is a portion of an email I received (I am posting this with the permission of the sender). I express no opinion on whether a gunshow is or is not a public gathering, but I wanted to post the below to show . . . well, just for your information. Make of it what you will.

    Begin Quote:

    I am curious about a situation that occurred this weekend and wanted to ask your opinion. I attended the Eastman Gun Show at the Cobb County Civic Auditorium on Saturday and noticed a well placed sign at the entrance stating that this was a public gathering and you could be prosecuted for carrying concealed. I asked the two cops in attendance why a privately run show, charging admission for entry was considered a public gathering and both cops were rude as hell telling me basically that everything was a public gathering specifically mentioning malls, Wal-Marts, grocery stores and liquor stores as further examples of their definition of "public gathering".

    They flat out told me, "Your license is good for you to carry from your home to the ATM". These guys were real jerks and obviously anti-civilian carry. I then asked both if that was their own opinion, as their definitions seemed to fly in the face of the attorney general written explanation of "public gathering".

    What's the deal here and why would Eastman allow that sign to be up? Were these guys just anti-gun jerks or what?

    End Quote
     
  2. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Deviate from your path on the way from your home to the ATM in Cobb County, and you could end up

    :shattered:


    OR


    :jail:


    Or looking down on it all like this

    O:)

    (might take you a while to get that last one)
     

  3. ls1ssdavid

    ls1ssdavid New Member

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    I wrote my state Congressmen from Marietta, Rep Johnson on the issues of Public Gathering and Restarant Carry. He wrote back saying basicly that "Law Enforment" had a real problem with it.

    Why I ask are Police scared of lawful citizens carrying guns, when the BG's obviously don't follow the rules?
     
  4. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Why is law enforcement not scared of it in Alabama, Florida, or other states that allow carry in these places?

    I do not know of ANY state that has a general "public gathering" restriction, other than Georgia.

    Please write him back, politely, and ask why policeman are not scared of you carrying in McDonalds and Cracker Barrel but ostensibly are afraid of you carrying at The Macaroni Grill?

    Ask why policemen are afraid of people with firearms licenses carrying on mass transit in Georgia when 87% * of the states that issue licenses allow carry on mass transit and there have been zero incidents of violence on mass transit by license holders in those states.

    Ask why Georgia has a law that disarms Jews walking to synagogue? Are the police afraid of them, too?



    *statistic provided by Mike (site participant), but it might be dated, the figure is probably slightly higher today.
     
  5. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    Public Gathering

    Well if these cops say that gun shows are public gatherings, why is it that gun shows exist, and have existed for generations, even before the law about weapons at public gatherings was amended to say, basically, that if you found yourself at a public gathering and immediatly sought out a cop or security person to secure your weapon, you would not be prosecuted.

    Wasn't every gun show in Georgia illegal until just recently? If not, then somebody must have an incorrect definition of "public gathering," since it's obviously overbroad.

    The Cobb County Civic center is a different animal, though. It may be a publicly-owned building, or publicly "operated" even though on that particular weekend it was leased to a private entity-- Matt Eastman Gun Shows, Inc.

    I have had both uniform cops and even the Chief of Police at the time (Bob Hightower) tell me, years ago, that their definition of public gathering was EITHER a place that was accessible to the public where the public might gather (even if they had not), OR a place (even a private place, on private property) where two or more people gather for some common purpose (I suppose that includes the bedroom of your home, where you and your wife "gather" for the purpose of making love!) I tried my best to straighten them out, but the best I could get from the Chief was his promise that he'd take up the issue with the Cobb DA's office the next time one of their ADAs gave some legal training to his Department on the subject of gun charges.
     
  6. ICP_Juggalo

    ICP_Juggalo Professional Troll

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    Try North Dakota and Illinios. They both have laws on the books banning the carrying of weapons at public gatherings. North Dakota is especially scarily similiar to our public gathering law.
     
  7. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Ill i noise no count. No carry, no how.

    North Dakota may count, but their statute specifically lists the places that are off limits. That is a huge difference.

    62.1-02-05. A person who possesses a firearm at a public gathering is guilty of a class B misdemeanor. For the purpose of this section, "public gathering" includes athletic or sporting events, schools or school functions, churches or church functions, political rallies or functions, musical concerts, and individuals in publicly owned parks where hunting is not allowed by proclamation and publicly owned or operated buildings.

    Kind of hard not to know whether you are in a public gathering at any particular time in North Dakota.

    NOT the same in Georgia. "For the purpose of this Code section, 'public gathering' shall include, but shall not be limited to, . . ."

    Which is why you have case law about barbeques of 500 - 600 negroes (caselaw language, not mine), auto auctions, bored teenagers loitering in a parking lot, and other places not mentioned at all in the statute. It leaves the definition very open to be defined "on the fly."

    Even the test given in State v. Burns does not narrow it down all that much.

    Would I be worried, seriously, about a conviction if I were arrested at a gun show, movie theater, the Renaissance Festival, or any of the other places recently discussed? Yep.
     
  8. kkennett

    kkennett New Member

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    I suppose that the Eastman's show would fit a reasonable definition of a public gathering. As to the hostility of the LEOs to civilian carry, that is precisely why I try to keep a folder with the statutes, AG opinions, and case law handy. You'd like to think that in a non-threatening situation where you were detained for being spotted and you were in the right, the LEOs might take the time to hear you out and investigate a little further. Now, if you do like the Wal-mart guy and start grabbing for the handle, well you probably won't get a listen. Still, a fix to the public gathering law is what is really needed here.
     
  9. ls1ssdavid

    ls1ssdavid New Member

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    MP, I already wrote back saying exactly what you said. But before I even posted what he said on here. He generally writes back pretty soon, usually next working day. But he is a Democrat. But understandably he ususally gives a response that is a politicans response. But to give him credit, he did vote for SB 396.
     
  10. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Democrat?

    Marietta?

    If he voted for SB 396, he can't be all bad. :wink:
     
  11. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Actually, according to this web site, he voted for all four gun bills that made it to a vote. GS1 assigns him a grade of B.


    https://www.georgiapacking.org/rcontact.php?id=37
     
  12. ls1ssdavid

    ls1ssdavid New Member

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    There is a woman named Dr. Cindye Coates running against Rep Johnson this election year. I sent her an email about gun rights and she is very pro gun rights. I could quote her, but I won't do so seeings how I don't have her approval. But she was endorsed by the NRA in 2004 and she states she probobly will be again this year.

    It seems we need more women like her in office. She has my vote!!! So everyone from Marietta in district 37, be sure to vote for Mrs. Coates very pro gun from her emails :lol:
     
  13. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    You really think a pro-gun politician running for office does not want her pro-gun statements disseminated on a pro-gun board? :D

    For what it's worth, though, I did not read Rep. Johnson's statement as being anti-gun - just sort of cowardly.
     
  14. ls1ssdavid

    ls1ssdavid New Member

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    I'm trying to be fair here :D