The Car Carry Cases and Open Carry

Discussion in 'GA Laws and Politics' started by viper32cm, Jun 6, 2007.

  1. viper32cm

    viper32cm New Member

    760
    0
    0
    Specifically
    Megesi v. State, 627 S.E.2d 814 (Ga. App. 2006).

    Now remember back about a month ago M_P had that discussion with the Gwinett cop about what would happen if they saw open carry. And also remember that part of the response would be to disarm and check the person open carrying.

    My observation is that some language from this case casts doubt (in my mind) that the Gwinett SOP is proper under the law.

    An unsecured weapon? Since Georgia law requires weapons carried on or about the person to be in a holster (guns in cars are not required to be in holsters, GFL or not) then aren't legally carried guns by definition "secured." In fact wasn't the legislative purpose in requiring a holster just part of the larger Georgia Constitutional allowance that the legislature can regulate the manner in which one carries (in this case in a holster; therefore secured)?

    Therefore, it seems that when the weapon is secured there is no "inherently dangerous situation that authorizes the officer to take protective measures to secure the weapon." Unless there is suspicion of some other crime that would give an officer reason to conduct a Terry test.

    OR does the bolded statement in the second paragraph allow for an officer detaining, disarming, and etc just for open carrying?

    Or am I off my rocker?
     
  2. viper32cm

    viper32cm New Member

    760
    0
    0
    Is open carry the preferred method of carry under the law?

    Ross v. State, 566 S.E.2d 47 (Ga. App. 2002).
    Everytime I read this part of me thinks that the legislative intent could be read to say almost the same thing as Heinlein's famous qoute.
    So does on notice to govern themselves accordingly mean
    A) OH $HIT HE HAS A GUN, CALL THE COPS
    or
    B) As Heinlein would agree, "That guy has a gun, I probably should not insult his wife, key his car, act like a bastard around him."
    or
    C) Am I being way, way to philosophical about this
     

  3. viper32cm

    viper32cm New Member

    760
    0
    0
    But if that's true then it means that everyone who isn't a LEO carrying open or concealed has an "unsecured weapon"

    What if the gun is in the privacy of your own home locked in your gun safe. Is it "unsecured" then?