How to uphold your rights in a LEO encounter...?

Discussion in 'Firearm Related' started by SASQUATCH, Oct 9, 2010.

  1. SASQUATCH

    SASQUATCH New Member

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    I've read alot about how to stand up for your rights in a police encounter around here but got a few question and I wanna know what to say in different situations to insure I don't forefit my rights. So in a nutshell please answer correctly to the following questions. Thanks

    1-Are you required to show your GWL in a "stopped ONLY because they saw you OCed/CC firearm" and your in a legal place?I think that there not really supposed to stop you just for that but I'm sure it happens all the time.

    1b-How about ID/Driver License?

    1c-How about in a "Traffic related" or any type of nnon firearms related offense and they see your gun and ask for your GWL?

    Well I thought I had more questions but I quess I'm having a brain fart.
     
  2. NTA

    NTA Well-Known Member

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    Your rights may be in conflict with the LEO's duties and opinions.

    This can all be sorted out weeks and thousands of dollars (legal fees) later in court.
     

  3. Fallschirmjäger

    Fallschirmjäger I watch the watchers

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    Contrast
    Georgia Code - Motor Vehicles & Traffic - Title 40, Section 40-5-29

    (a) Every licensee shall have his driver´s license in his immediate possession at all times when operating a motor vehicle.
    (b) Every licensee shall display his license upon the demand of a law enforcement officer. A refusal to comply with such demand not only shall constitute a violation of this subsection but shall also give rise to a presumption of a violation of subsection (a) of this Code section and ofCode Section 40-5-20.
    (c) A person convicted of a violation of subsection (a) of this Code section shall be fined no more than $10.00 if he produces in court a license theretofore issued to him and valid at the time of his arrest.

    16-11-129
    (e) Revocation, loss, or damage to license. If, at any time during the period for which the weapons carry license was issued, the judge of the probate court of the county in which the license was issued shall learn or have brought to his or her attention in any manner any reasonable ground to believe the licensee is not eligible to retain the license, the judge may, after notice and hearing, revoke the license of the person upon a finding that such person is not eligible for a weapons carry license pursuant to subsection (b) of this Code section or an adjudication of falsification of application, mental incompetency, or chronic alcohol or narcotic usage. It shall be unlawful for any person to possess a license which has been revoked, and any person found in possession of any such revoked license, except in the performance of his or her official duties, shall be guilty of a misdemeanor. It shall be required that any license holder under this Code section have in his or her possession his or her valid license whenever he or she is carrying a weapon under the authority granted by this Code section, and his or her failure to do so shall be prima-facie evidence of a violation of Code Section 16-11-126. Loss of any license issued in accordance with this Code section or damage to the license in any manner which shall render it illegible shall be reported to the judge of the probate court of the county in which it was issued within 48 hours of the time the loss or damage becomes known to the license holder. The judge of the probate court shall thereupon issue a replacement for and shall take custody of and destroy a damaged license; and in any case in which a license has been lost, he or she shall issue a cancellation order and notify by telephone and in writing each of the law enforcement agencies whose records were checked before issuance of the original license. The judge shall charge the fee specified in subsection (k) of Code Section 15-9-60 for such services.

    I've never had the opportunity to actually have the inventory of my person done at a law enforcement detainment facility ( the hoosegow), but I imagine they list the contents of any wallets, purses, handbags or whatnot done. And at that time it might be possible they'd find a GWL in the front pocket.
     
  4. GAGunOwner

    GAGunOwner Active Member

    If you aren't driving, you don't have to carry around a DL, much less show it to anyone.
     
  5. AV8R

    AV8R Banned

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    "Sorry folks, thread's closed."

    [​IMG]
     
  6. Savvy Jack

    Savvy Jack Banned

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    Freedom is not Free, are you willing to fight for it? I didn't think so!
     
  7. BSCLibertarian

    BSCLibertarian I'm kind of a big deal

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    Watch this http://www.youtube.com/watch?v=i8z7NC5sgik

    Then this: http://www.youtube.com/watch?v=08fZQWjDVKE

    They are long but I learned a lot by watching them and watch them from time to time as a "refresher" - they do not answer your specific questions above as they relate to GA Code but are still instructive IMHO.

    :righton:

    Edited to correct the second link.
     
  8. smn

    smn Active Member

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    The cases listed below are required reading if you wish to maintain and/or assert your rights:

    Binding state precedent:

    Non-binding, but influential and informative:
    • US v. Dudley, 854 F. Supp. 570 - Dist. Court, SD Indiana 1994
      US v. Ubiles, 224 F. 3d 213 - Court of Appeals, 3rd Circuit 2000

    The US Supreme Court cases are mandatory reading and you will recognize phrases in each bantered about in "how to assert your rights" discussion on this and other forums.
     
  9. atlsrt44

    atlsrt44 Well-Known Member

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    you posted the same video up twice there bud. good video but i dont think that was your intent :righton:
     
  10. BSCLibertarian

    BSCLibertarian I'm kind of a big deal

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    Watch it twice ;)

    Fixed it in my post.

    thanks.