Public Gathering, List the places off-limits

Discussion in 'Places Off-Limits' started by Gunstar1, Feb 22, 2005.

  1. Gunstar1

    Gunstar1 Administrator

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    I figure if we post all the places both in general (courthouses) and specific (capitol building in downtown Atlanta) we can start a list of places not to go while armed.

    Also if you know of a place that is protected under another law post that as well. Like schools are protected under 16-11-127 (public owned/operated) and 16-11-127.1 (gun free school zone)
    That way we have ammo (pun intended) of the stupid places that are banned to get the law changed, and at the same time show which places have other laws that cover them if we get "public gatherings" removed from the law.

    Publicly Owned or Operated
    Jail and prison (42-4-13 may include parking lot)
    Sheriff's Department
    City Police Department
    County Police Department
    State Patrol Office/DMV
    Airport including the adjacent parking lots (16-12-122 - 16-12-127)
    Public and Private Elementary, Middle, and High Schools includes parking lot except when picking up/dropping off a student (16.11.127.1)
    Public and Private College, University, or Institution of Postsecondary Education includes parking lot except when picking up/dropping off a student (16.11.127.1)
    Highway Rest Stop Building
    Tag Office
    Court House
    City Auditorium
    Fire Station
    Library
    Department of Labor/Unemployment Office
    City/County Water/Sewer Department
    County Extension Office
    US Post Office
    Voter Registration Office

    Public Gatherings: Case Law: Including the adjacent parking lot (Farmer v. State, 112 Ga.App. 438 (1965) / Jordan v. State, 166 Ga. App. 417 (1983) / Hubbard v. State, 210 Ga. App. 141, 143-44 (1993))
    Sporting or Athletic Event
    Church, Church Event, or property leased by a church (such as in a mall)
    political rallies or functions
    establishments at which alcoholic beverages are sold for consumption on the premises which derive less than 50 percent of their total annual gross food and beverage sales from the sale of prepared meals or food and you cannot drink alcohol while there
    A barbecue on the 4th of July, at which people are assembled to the number of 400 or 500 (Case Law: Wynne v. State, 123 Ga. 566 (1905))

    Specific Locations:
    Georgia Dome in Downtown Atlanta (publicly owned/operated)
    Georgia International Convention Center in College Park (publicly owned/operated)
    State Capitol Building in Downtown Atlanta (16-11-34.1)
    World Congress Center in Downtown Atlanta (publicly owned/operated)
     
  2. ICP_Juggalo

    ICP_Juggalo Professional Troll

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    We should just list the places we CAN carry, it would be a much shorter list :roll: right Seajay?
     

  3. Chopperdog

    Chopperdog Member

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    That's what it looks like!
     
  4. seajay

    seajay NRA Certified Instructor

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    Well with the courts saying every where people may gather (even in a parking lot) being a public gathering you can't even carry to the mall. At almost any time there are people gathered in the parking lots. Speciffically outside the movie theaters. But there are other times too. How about when one of the carni's are in town? Even a strip mall isn't safe to cary in sometimes. The way the law is written and enforced if they say it is then it must be so. It does not matter if it was an official gathering or not. You're busted.
     
  5. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Well,"the courts saying everywhere people may gather" is too broad a reading. In fact, in a case involving a McDonalds, the court specifically said that the fact that people may gather at a location is not enough. This goes to show just how ambiguous this public gathering law is.

    With that having been said, I was very uncomfortable when reading the Elk's Lodge opinion (Hubbard v. State, 1993), which had as a main basis for finding a public gathering the fact that teenagers gathered in the parking lot.

    The auto auction case said that it was sufficient that a crowd gathered after a shooting. When does a crowd not gather after a shooting?
     
  6. Firearmz

    Firearmz New Member

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    The attorney general has posted an "unofficial document" saying malls are not public gatherings. It was meant to be gathering together for ONE specific event, political ralies, ball game and such. It is broad and you will have to argue with every knuckle head officer that reads into it. GUARANTEED!!!!

    I personally know a man that was stopped for running a stop sign, he had a CCW and permit, becasue he had long hair and tattoos he was asked to search the vehicle and they found nothing, a 2nd police arrived and asked to do the same, found nothing, and yet a third and found nothing. They actually went to the extent of saying that he was not allowed to carry the gun with a round in the chamber. He was taken to the police department for booking but said officer coulds not find anuthing to charge him with and was released.
     
  7. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    You need to teach your long haired friend the word "no." "Why, no, officer, you may not. Sorry. Am I free to go?"

    Repeat as often as needed.
     
  8. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    They're not all that bad, though. I ran into a Fayetteville officer recently that was very friendly and only wanted to know what type of gun I was (openly) carrying. I guess guys in Brooks Brothers clothes with an H&K (no compromise) don't get hassled as much as the longhairs . . . don't fit the profile!


    One cop in Riverdale didn't have a clue, though.
     
  9. Firearmz

    Firearmz New Member

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    Most officers are that way and do not give you a hard time, but there is always that one!
     
  10. ber950

    ber950 Active Member

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    The Good news

    Other cops don't like them either.
     
  11. Woody_the_Infidel

    Woody_the_Infidel New Member

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    I think the one that bothers me most in the top list, is the highway rest stop one. Crimes are committed at rest stops all the time. I didn't know it was off limits. I travel all the time, so i would like to see that changed.
     
  12. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Rest Stops Well, it's not off limits if you can find one that's not publicly owned or operated ! :D
     
  13. ber950

    ber950 Active Member

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    All the time

    I use privately owned rest stops all the time. There called gas stations and Waffle house.
     
  14. 1818

    1818 New Member

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    Georgia case law is on the side of gun owners. Case law has clearly stated that a public gathering must an orginized event where the whole public is invited. A business is not an event becuase it is an ongoing enterprise. The opinion of an LEO means nothing in court. If you run into an idiot cop, comply with his orders, say NOTHING, and go to court. Your attorney will of course show the court all the case law and your case will be dropped. Most cops love to see law abiding citizens carry and most will do nothing more than check your license and you will be on your way. There is a TON of information on the web that is dead wrong, be carefull.
     
  15. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    There are two reported appellate cases I can think of off hand that were public gatherings simply because a crowd gathered in a parking lot. No organization to it. In fact, in one of the cases, the crowd had gathered in response to a shooting (like always happens) and the man was there as the crowd gathered only because the responding police had ordered him to wait there for them to return while they chased down someone in the street. That is the case that most of you recognize as the auto auction case.

    I would be very interested in seeing the case law to which you refer.
     
  16. Firearmz

    Firearmz New Member

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    I have a pro gun attorney on retainer in case I ever need one. I take his legal advice. After all he gets paid to give advice lol. I obey the usual things goverment buildings, schools, and such but as far as malls and private buisness I carry and if anyone see's my gun, there was a reason for them to see it. I was made once when I first started toting. I was wrong then (still nothing happened).

    That one little lesson taught me that no matter where I carry no one is to see the gun unless I need to pull it. If I need to draw my firearm the circumstances will be greater than me worring about a misdemeanor.
     
  17. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    I sometimes carry in private businesses openly. Assuming it isn't a bar or a restaurant that serves alcohol, there is no law against it. I also don't believe I am going to be a target for crime by doing so, as lazy criminals will easily find a softer target.
     
  18. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Mind sharing him with the rest of us?
     
  19. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    What about the parking lot at the airport?

    OCGA 16-11-122 - definition of "terminal." OOPS - I meant 16-12-122

    Opinions?
     
  20. Gunstar1

    Gunstar1 Administrator

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    yes, actually it would include parking for bus and rail too.

    Also updated schools to include parking except when picking up/dropping off a student.