So, a public gathering is an event, not a place, right?

Discussion in 'Places Off-Limits' started by mzmtg, Jul 18, 2006.

  1. mzmtg

    mzmtg Active Member

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    Scenario: An independent contractor is fixing the sidewalk at a park that happens to be hosting a concert. If he is carrying at the park during the concert but is not affiliated with or attending the concert, is he still at the public gathering?
     
  2. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Yep.

    "to or while at"

    and case law establishing the areas immediately adjacent to the gathering . . .

    I would have to come down on the side of declaring a violation.
     

  3. Gunstar1

    Gunstar1 Administrator

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    If there are concert goers anywere close to where the contractor is, it is a public gathering.

    How far... well the only thing I know for sure is that 100 yards away is still a PG.
     
  4. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Why?
     
  5. Gunstar1

    Gunstar1 Administrator

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    You posted it!!! :mrgreen:
    (actually you quoted it)

    I found it, a portion of Farmer v. State, 112 Ga.App. 438 (1965).
    I took that to mean immediate proximity is within 100 (or greater) yards away.
     
  6. Gunstar1

    Gunstar1 Administrator

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    Close.
    The locations specifically named in the law are off limits. So a church or publicly owned building is a place that is a public gathering, period.

    However since the law says that a PG is not limited to just those places listed, the "event" is used to try to figure out what other places (and the area around it) might be a public gathering.
     
  7. USMC - Retired

    USMC - Retired Active Member

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    I hate to disagree with you GS1 but, I strongly suspect that the "event" clause was added to the law by anti-gun lawmakers as a way to introduce ambiguity into the law and take the teeth out of the lion, so to speak.
     
  8. Gunstar1

    Gunstar1 Administrator

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    Actually it is the other way around. The "event" is used by courts to figure out what the difference between a "public place" and a "public gathering" is.

    It was the courts that said a "public place" only becomes a "public gathering" when people come together for a particular event. The courts were trying to remove or at least define some of the ambiguity in the law.
     
  9. mzmtg

    mzmtg Active Member

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    I hope this doesn't apply to bus stops too. :evil:
     
  10. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Bus stops? No. The public gathering clause is "immediate proximity." Bus stops are a "reasonable distance." Since the rule is designed to prevent the harm contemplated (gunshot?), we must construe it in accord with its intended purpose. With that context in mind, we hold that a "reaonable distance" is the reach of a bullet, approximately one mile and a half.

    :shock:
     
  11. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Rather than "event," I believe the term in State v. Burns was "a particular function."

    Is the meaning different? Can a particular function be less than an event?
     
  12. Gunstar1

    Gunstar1 Administrator

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    churches or church functions
    political rallies or functions
    athletic or sporting events

    I will have to look more but I have a feeling that their is a difference. :-k
     
  13. Gunstar1

    Gunstar1 Administrator

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    Or maybe not...

    event:
    1 a : a noteworthy happening b : a social occasion or activity
    2 : any of the contests in a program of sports

    function:
    1 : an official or formal ceremony or social gathering
     
  14. curtdiss

    curtdiss Member

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    so you can stand at the bus stop

    you just can't get on the bus armed

    another stupid law :roll:
     
  15. Gunstar1

    Gunstar1 Administrator

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    No, a bus stop is off limits.
    A terminal is off limits and a terminal is a bus stop.
     
  16. mzmtg

    mzmtg Active Member

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    Heck, you can't even stand within a "reasonable distance" of a bus stop.

    That's the stupidest part of that particular law.
     
  17. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    So how does one prove, at trial, that he was indeed not within a "reasonable distance" from a bus stop?

    Like Alice's restaurant, with the 8 x 10 glossy photos . . .

    Scale drawings with measurements . . .

    I was 23 feet, four inches away . . .



    Any ideas?
    :(
     
  18. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    How does the state prove that you were within a reasonable distance?

    Any ideas?
     
  19. ber950

    ber950 Active Member

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    I have always felt that the way to challange the off-limit statute is there vaugeness. I know that the GA Supreme Court has overturned other laws on that grounds. I wish I could remember which cases. I think one had to do with strip clubs.
    Looking up case law is not my forte :oops:
     
  20. jrm

    jrm Sledgehammer

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    Yes. Whoever it was that witnessed the carrying is competent to testify how far apart two things (i.e., the bus stop and the "perp") were from each other. Court's routinely allow witnesses to testify about their perceptions of measured amounts, despite the fact that many people are lousy at estimating things like distance and speed.

    it will be up to the jury to decide whether to believe the distance sworn to by the witness, and whether said distance was reasonable.