Probable cause and concealed carry

Discussion in 'GA Laws and Politics' started by Mobster989, Jun 10, 2007.

  1. Mobster989

    Mobster989 New Member

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    From what I understand police must have a probable cause to search you. Now I also understand that you have to have a license to carry while outside of your property. So if you're carrying concealed at say McDonald's and a cop walks in, he isn't allowed to search you if you're not doing anything illegal and have not given him/her the impression that you're about to do anything illegal. So then it would be safe to assume that as long as I don't break the law (within their sight) that I don't have to worry about them finding my firearm from a search.

    Now let's say that I have obeyed the law and as soon as I order my Big Mac the cop stops me and searches me unlawfully and finds my pistol, what happens next? I mean I'm sure I'll get a trip downtown, with an empty stomach, but what is after that? I read it is a misdeamenor for the first offense but is there any chance I'll get my pistol back if the case is dismissed? If the case wasn't dismissed would I get my weapon back? Also, if the case wasn't dismissed and I was convicted of the misdeamenor could they use that as probable cause against me in the future?

    The reason I'm asking is because in Denver you're not allowed to carry openly, and the only way to carry concealed is with a permit. Being distrustful of the government I didn't get a permit and I carried my pistol concealed. Now when I move back to Georgia I'm not going to get a permit either and I want to know if my 4th amendment rights are going to protect my 2nd amendment rights.
     
  2. foshizzle

    foshizzle New Member

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    Just get a permit. It's not that difficult, at least everything but the waiting part.

    Just consider that if you actually used your illegally concealed pistol in self-defense. How do you think a jury would look at your illegal carry if it came down to that? Not all self-defense cases are that clear-cut... and it's easier to defend yourself if you are law abiding than if you are a criminal yourself....

    And yes, they need probable cause to search you. Sort of. If they are talking to you as part of their investigation... they can always Terry frisk your for their "safety" :roll: so you should never be too confident... we're two short steps from a police state.

    Just get your permit. If you can't get one you're probably facing a felony if caught anyways.
     

  3. Mobster989

    Mobster989 New Member

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    I don't like the idea of getting a permit. I'm constantly reminded of 1940s Europe. Where's the guarantee that they won't use my permit as a way to find me if they decide to have a witch hunt for gun owners? Plus I don't think it is right to require a permit to exercise a right. And I also don't want to shell out any cash for it either.
     
  4. Rammstein

    Rammstein New Member

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    I'm gonna echo foshizzle on this one. Just get a permit.

    Read up on Terry v. Ohio. If they want to pat you down for weapons, IE an illegally carried firearm, they'll do it.
     
  5. Rammstein

    Rammstein New Member

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    The GFLs are not zentral gelagen. That is, each county handles the permits and that is where the information stays.

    Besides, ever bought a gun from a FFL? That info stays with big daddy fedgov for 20 years. You're already in the system.
     
  6. foshizzle

    foshizzle New Member

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    No, it's not right, it's not constitutional and it's not a right you should have to spend money to exercise.

    BUT

    Do otherwise and you run the risk, however slight, of going to jail. If your distrust of government justifies your actions of carrying illegally, then that's fine and dandy. Just be preparered for the consequences if caught. Life is risky. We all take risks. But when/if you get charged with something you could have prevented you'll probably wish you spent the 50 bucks and 2 or 3 hours of paperwork and printing to get a valid GFL.

    Write your congressmen and representatives to tell them how dumb all these laws are. That could actually change something. And join GCO 8) Otherwise, do your best to follow the law until it's changed. :)
     
  7. Mobster989

    Mobster989 New Member

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    Ain't straw purchases wonderful? :)
     
  8. AV8R

    AV8R Banned

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    Ask Bloomberg... :shock:
     
  9. AV8R

    AV8R Banned

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    Seriously though... All the cloak-n-dagger talk, but you do it openly (with self incrimination) on a public forum. If people are out to get you, don't you think talking like this here will cause them to launch the black helicopters?
     
  10. Rammstein

    Rammstein New Member

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    Launch them? They're already hovering over my apartment.... :D

    Thank god for my tinfoil hat, or they'd be reading my brainz! :D



    But serious...there will never be a door to door confiscation of arms. But if it does, the antis will get the headlines they long for; there will be blood in the streets, of both patriots and tyrants alike.
     
  11. AV8R

    AV8R Banned

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    Are you sure this is a concern? :twisted:












    couldn't resist
     
  12. Rammstein

    Rammstein New Member

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    Ouch...................my pride........ =(

















    8)
     
  13. GAGunOwner

    GAGunOwner Active Member

    My advice:

    While we shouldn't be forced to get a permit/license to carry, we have to. Getting a license can save you a world of trouble. If you want to be balsey, you can carry with a license but ignore some of the off-limits places (see Georgia).

    While you still live in Colorado, go ahead and get their permit! They do not offer non-res. permits and it would be neat to have at least one for five years. This might even offer you some extra reciprocity over and above the GA license that you are going to get once you are a resident here. :wink:

    The fact of the matter is that it isn't as hard as you think to print infront of the wrong person or to be patted down for officer safety.
     
  14. GAGunOwner

    GAGunOwner Active Member

    If you are involved in a shooting without a license you will look bad infront of a jury. In GA you would not be covered by the immunity of our "stand your ground" law without the GFL. It states you have to be legally carrying at the time.

    Some states that honor the GA or Colorado licenses make it a felony to carry in without the license I believe. So you'd go from a felony (ruin your life) to being perfectly legal.
     
  15. GAGunOwner

    GAGunOwner Active Member

    I just read up on it. If you go ahead and get the Colorado license it will give you four states over and above the ones you'll get with the GFL:

    ND, KS, NM, DE

    It is only about $100 dollars and good for five years. Once you move you will not be able to get one. If it were me, I wouldn't hesitate but...it isn't me. 8)
     
  16. Adam5

    Adam5 Atlanta Overwatch

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    My thoughts exactly. You are much better off taking a little time and cash and getting a GFL. If you should choose not to, I definately would NOT reccomend talking about about carrying illegally on a public forum. I'm sure that some of the lawyer types on th esite will weigh in with their opinions on this, but personally I just think that it's a bad idea.

    We (gun owners) keep saying that we are law obiding citizens, and such want the freedom to excercise our second amendment rights. We claim that we are not criminals, and want our guns to protect us from those that are. These are some of the arguments that we use to fight those that wish to take away our second ammendment rights. How do you think it looks to the anti's, our state legislators, and to our federal legislators every time one of us "good guys" is arrested and charged will illegally carrying a firearm?
     
  17. Adam5

    Adam5 Atlanta Overwatch

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    That's why Ramm has nothing to fear of zombies.










    Zombies only eat brains ya know..............
     
  18. budder

    budder Moderator Staff Member

    I am way too lazy to check this, but it is possible that some or all of those states only honor the permit if it is of a resident. If you move out after getting the permit, it may no longer be honored, but I am unsure. Definitely something you should look into if you want to do this.
     
  19. Mobster989

    Mobster989 New Member

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    I doubt they would be trolling forums to find one man who might be illegally carrying guns and whom they can't prove anything against. And just because it's the law don't make it right.

    It doesn't matter to me how it looks to everyone else. It's not right and therefore I'm not going to do it. There is a difference between being lawful and being right. It's also a matter of principle. If there was a way to 100% guarantee that my information, more specifically my name, would never be forwarded to the state or feds to single me out then I'd consider it. But as it is there is no way to guarantee that wouldn't happen. Maybe I'm paranoid but it's better to be wrong and armed (even if it's out the law) than to be right and disarmed.
     
  20. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Well, ok. We tried.

    Just remember that Georgia has a pretty strong immunity (from civil and criminal action) law that will not apply to you should you be forced to use your firearm in self defense. In addition, you will be arrested on the gun charge even if you are lawfully defending yourself (and can prove it over the next couple of years in court).