Tailgating on private property?

Discussion in 'Places Off-Limits' started by commodore_dude, Sep 7, 2007.

  1. commodore_dude

    commodore_dude Active Member

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    Hey y'all,
    Got a question about a possible PG scenario and I just wanted to make sure I'm right in thinking it's off limits. Would tailgating for a football game in the parking lot of a private business that does not sell alcohol be considered a public gathering? There'll probably be 15-20 people. Just got a call from my parents that a self addressed envelope from the courthouse showed up at their house (10 days inside the 60 day limit... finally), so I'm hoping that's my GFL, and I just want to make sure I don't go get busted on my first day flexing it :D
     

  2. USMC - Retired

    USMC - Retired Active Member

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    What team are you tailgating for? If it's the Dawgs then yes, all of Athens is pretty much a public gathering for the game. If it's some nobody team like Georgia Southern that no one goes to see then it's probably not... :lol:
     
  3. Thorsen

    Thorsen New Member

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    IANAL ...

    In Wynne v. State (1905) the court ruled that a barbecue was a public gathering and therefore a restricted carry area.

    In Farmer v. State (1965) having a weapon in a vehicle up to 200 yards away from a public gathering counts as constructive possession and is also illegal.

    So are you in violation of the public gathering statute for a tailgating party? Your guess is as good as mine. If the court considers 15 to 20 people gathered together for a tailgate party the same as a few hundred gathered together for a barbecue essentially the same, then yes. And if that is the case, you can not even leave it in your vehicle and be in compliance with the law.

    Your decision.

    Now join GCO if you haven't already done so and help us get these rediculously confusing laws changed :)
     
  4. VolGrad

    VolGrad Tactical Statistician

    :ianal:

    I personally wouldn't do it. It might be legal - someone better qualified can answer that part - but there are likely too many variables to be 100% sure (e.g. what other businesses are around, schools, churches, etc). Also, do you actually have written permission to tailgate on the property? Finally, assuming you go to the game, you will have to leave your weapon in your vehicle. Too many auto break-ins occur during games for me to feel it is worth the risk.

    All this is JMO, so it is worth exactly what you paid for it.
     
  5. commodore_dude

    commodore_dude Active Member

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    Yeah, it's UGA... I knew that anywhere on campus would be a PG, but we're the only folks tailgating in this parking lot, with the next closest groups being across the street or in another lot next door, but within 200 yards... I joined GCO at the Gainesville show so no worries there :)

    Wellll I'm certainly not going to OC at least 8)

    EDIT
    And as far as leaving it in my glovebox, I'm not worried, I have one of these:
    http://www.tuffyproducts.com/glovebox/049.html

    Nobody's getting into that, heard enough good things about evidence of failed breakins on it to be confident.
     
  6. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Yeah, but that was 500 people ("negroes and some white people," according to the court), and the barbecue was specifically referred to as "public."

    Besides, was it attending the barbecue or the riot that resulted in his arrest?
     
  7. VolGrad

    VolGrad Tactical Statistician

    ....does that make a difference? :rotfl2: Courts are stupid, no offense.
     
  8. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    :woohoo:

    If I had known that, I would have answered more quickly! :lol:

    BTW, there was some delay in the Gainseville membership form processing, but you should be receiving email confirmation with membership number very soon, if not already.
     
  9. ptsmith24

    ptsmith24 New Member

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    Oh, UGA. Then no.
     
  10. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    To a Georgia Court in 1905 seeking to justify jailing this guy? Yeah, I think it makes a BIG difference. Keep in mind the public gathering law was only 35 years old at this point, and it was probably still fresh in the judges' minds WHY the state passed a public gathering law.

    If you do not know, read HERE!
     
  11. commodore_dude

    commodore_dude Active Member

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    Yep, just got the email yesterday!
     
  12. VolGrad

    VolGrad Tactical Statistician

    I do know. I just think it sounds funny.
     
  13. Thorsen

    Thorsen New Member

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    Tailgating in Athens on game day? No case law that I know of that addresses it, but my best guess would be that it would fall under the public gathering statute.

    And with all the UGA property in the area, you would also have to be concerned about being inside the school safety zone (disarmament zone) surrounding the university's property. Since you are not passing through or performing a short stop in the zone, I would think you would fall under that restriction as well.

    Also, you would have to decide if it is indeed a public gathering, how far away would your vehicle have to be from the area to keep you from having constructive possession if you left your firearm in the glovebox?

    A lot of grey area and room for an arrest and possible conviction in my lay person's opinion.

    Your mileage may vary, I am not a lawyer, and all that other jazz.
     
  14. commodore_dude

    commodore_dude Active Member

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    Hmm... the safety zone nonsense is probably the biggest issue. My unscientific google maps survey shows it to be about 6-700 feet from the nearest university property that I'm aware of :(
     
  15. VolGrad

    VolGrad Tactical Statistician

    Beware here, I work downtown and there are tons of places you would never imagine are University property. Not sure that ignorance would be a valid excuse. So I have been told. I try to use it all the time, to no avail.
     
  16. commodore_dude

    commodore_dude Active Member

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    Yeah, the place I'm going to be is surrounded by residences and small businesses, I lived within a few hundred feet of where I'm tailgating most of the time I was in school so I'm reasonably sure there's no university property closer than what I'm thinking of. I'll definitely case it tomorrow, though.
     
  17. tj2000

    tj2000 Guest

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    Another jeep lover?

    Commodore,
    I have a TJ and I installed a tuffy center console in my jeep. I got a little creative and cut out the plastic box and unless you really look; it looks like the standard console. I like mine and I feel confident that it would take a lot of prying with a big crowbar and a lot of noise to get it open.
    :rotfl:
     
  18. gsusnake

    gsusnake Token Liberal Hippie

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    Ever been to a GASOU game?
     
  19. VolGrad

    VolGrad Tactical Statistician

    one more thing to consider - public housing. since you lived there, you know there is public housing both north and south of broad street. make sure you aren't close to that either.