Public Place or Public Gathering

Discussion in 'GA Laws and Politics' started by Malum Prohibitum, Feb 17, 2006.

  1. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

    63,356
    386
    83
    Last night was rather discouraging. I spent 20 minutes or so with a local prosecutor, who was busy explaining to me that carry was prohibited in any "public place."

    I tried very hard to explain the difference between public building, public gathering, and "public place," but it was not well received.

    This was in a conservative area, heavily republican (and this guy is republican, too).

    I will send him a polite note over the weekend enclosing State v. Burns and maybe the AG opinion on malls.

    The only reason I posted this is so that readers here will realize what a terrible mess is the public gathering clause. You are not safe from arrest and prosecution for carrying in a "public place" even outside the counties you would typically suspect of being "anti-gun."
     
  2. Sharky

    Sharky New Member

    4,981
    0
    0
    Pretty sad to see something like this. So much for gun regulation! Guess prosecutors are like LEO. Some understand and some don't. Pretty sad how those responsible by governemt to know are sometimes the most uninfomred!
     

  3. Gunstar1

    Gunstar1 Administrator

    8,460
    5
    38
    Sad, but I really can't say I am surprised.
     
  4. thebugman

    thebugman New Member

    255
    0
    0
    Unfortunate that we don't have a clear enough law that we are put into jeopardy every time we make the choice to protect our families or ourselves.
     
  5. Broadside Bob

    Broadside Bob Member

    135
    0
    16
    Doesn't his argument defy common sense?

    MP,

    If you follow the prosecutor's logic that you cannot carry in any public place, what's the purpose of a carry permit?

    BB
     
  6. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

    63,356
    386
    83
    Well, I suppose you can still carry in the closet, with the lights off and the shades drawn . . . :lol:
     
  7. kkennett

    kkennett New Member

    2,139
    0
    0
    One at a time

    Thank you for your efforts regarding the polite note. Folks, even prosecutors, are educated one at a time. Better to do it now than when someone is being prosecuted.
     
  8. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

    63,356
    386
    83
    Thanks. Yes, I decided it would be better that way, as he probably does not appreciate being confronted personally on an issue that is, after all, his area of expertise (not that I expect anybody to know everything about any area of the law).

    The note is a soft peddle approach, but will give him the information he needs to make up his own mind on the issue.

    THis is important, however, as he is the one deciding whether to prosecute . . .
     
  9. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

    63,356
    386
    83
    Re: Doesn't his argument defy common sense?

    Broadside Bob,

    Funny you should ask that. Your question is exactly what the court of Appeals asked in State v. Burns. In criticizing the State's arguments, the Court held,


    However, this broad interpretation equates "public gathering" to "public place" and blurs the distinction we must assume the legislature intended to make in specifically referring to gatherings in OCGA § 16-11-127 and by limiting its restriction to gatherings as opposed to proscribing the carrying of deadly weapons in public places as defined by OCGA § 16-1-3(15). We agree with appellee that such a construction would render licensing statutes unnecessary because of the potential of violating the statutes by carrying a weapon outside one's household, in public, where the possibility exists that people might gather around someone carrying a weapon.


    Good question.
     
  10. ber950

    ber950 Active Member

    3,562
    2
    38
    Malum did you ever get a response from this guy?
     
  11. GeorgiaGlocker

    GeorgiaGlocker Romans 1:16

    4,380
    1
    38

    Malum,

    So funny, but so sad. :(