showing GFL upon request

Discussion in 'GA Laws and Politics' started by N.T.F.S., Sep 17, 2007.

  1. N.T.F.S.

    N.T.F.S. Active Member

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    Hello All, :wave:

    Ive been checking the site for some time getting a lot of useful info but this is my first posting and was hoping someone could answer this for me. Here's my question. If I am carrying in a location breaking no laws (walking down the street, hanging at the park with my kids ect..) and someone (not a LEO) happens to see my firearm, do I have to show them my firearm license if they request it. or can I just tell them no Thanks in advance with any responses
     
  2. budder

    budder Moderator Staff Member

    You can tell them no. Ask for their articulable reasonable suspicion that you just committed, are committing, or are on your way to commit a crime.

    Of course, the officer likely doesn't know the law and will proceed to give you a very bad day. Even though you're in the right, you'll probably end up wasting a lot of time. So it's up to you, but I wouldn't refuse unless I had time to kill.
     

  3. ThetaReactor

    ThetaReactor Active Member

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    You can tell them to piss off.

    [budder- read it again: not a LEO]
     
  4. GAGunOwner

    GAGunOwner Active Member

    You only have to show your GFL to a LEO.

    Private businesses/property can ask you to leave with or without a GFL so if an authorized agent of that business/property asks you to show them your GFL as a condition of remaining you need to do it if you want to stay, or you could just tell them "no" and leave.
     
  5. wsweeks2

    wsweeks2 New Member

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    If you're in public and someone asks for it, ask if they're a LEO. If not, you don't have to show them anything. If they say they are, I'd ask for ID if they're not in uniform.

    Welcome!!!
     
  6. Thorsen

    Thorsen New Member

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    If not a LEO and they are being a jerk I would tell them to go pound sand.

    If not a LEO and they seem to be asking out of curiousity, if I had the time I would most likely stop and talk to them and even show them my GFL. It would be an opportunity to educate.

    And welcome!
     
  7. N.T.F.S.

    N.T.F.S. Active Member

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    thank you all for you responses, I thought pretty much the same but just wanted to make certain there weren't any laws on the books that I didnt know about.
     
  8. wsweeks2

    wsweeks2 New Member

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    Probably the best thing you could do in GA.
     
  9. jrm

    jrm Sledgehammer

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    While it might seem logical that one would have to show her GFL to a LEO, I don't think there's anything in the law that would directly require it.
     
  10. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Of course, the next step might be a trip to :jail: for carrying without a license.
     
  11. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Polite education for the win! :D

    Or let them think people who carry pistols are surly and tell people to "piss off."
     
  12. jrm

    jrm Sledgehammer

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    Of course. Of course, such an arrest would be illegal and unsupported by probable cause.
     
  13. Marikhal

    Marikhal Guest

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    I'd have to disagree. Like the cops say: "probably cause is all I need", which would most certainly hold up in court (sadly).

    If it's a crime to carry a pistol without a permit, wouldn't it be natural for a cop to assume someone that refuses to furnish their GFL a criminal? Like they say - it's all the probable cause they need (unfortunately).
     
  14. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    I agree. I am not confident, however, that the trial judge would agree, nor am I confident that the same Georgia Court of Appeals that issued the Moore v. Cranford decision and the Megesi decision and the Brewer decision all within the last couple years would agree.
     
  15. jrm

    jrm Sledgehammer

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    Well, it didn't hold up in the Supreme Court of Georgia in Head v. State, where the court said that lack of a license is an element of the crime that must be proven by the state. If lack of a license is an element of the crime, then probable cause means that it is more likely than not that the person has no license.

    I can't say, but what the cop "naturally assumes" and what supports probable cause are as closely related as the sun and the moon.
     
  16. jrm

    jrm Sledgehammer

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    It would not be reviewed by the Court of Appeals of Georgia. As soon as the GFL holder was arrested, she would be searched. Her GFL would be discovered on her person, and then what would the charge be? I'm guessing it would be, "You are free to go, and don't refuse to given your GFL next time."

    The validity of her arrest would be reviewed by the federal court in which she brought her civil rights case, and that federal judge ought not give much deference to the Court of Appeals cases cited, when Head makes clear her lack of a license is an element of the crime.
     
  17. Marikhal

    Marikhal Guest

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    I agree with you here (which, in turn, disagrees with my previous disagreeance :roll: ). I do believe that it's absolutely WRONG to be arrested for not furnishing your GFL.

    I was merely arguing on that point of what the court system would say to said "violator" :roll:.
     
  18. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    I am sure you know I agree with you on this (since we discussed that, what, last week?) :lol:
     
  19. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    :rotfl: