Georgia Firearm Forums - Georgia Packing banner
1 - 20 of 48 Posts

·
Registered
Joined
·
8,036 Posts
Discussion Starter · #1 ·
Just a hypothetical...
but it is one of the more worrisome scenarios that keep me from OC'ing just yet

say an unarmed neighbor I'm feuding with makes the FALSE claim that I pointed my handgun at him and several in the neighborhood have seen me OC (but not until the feud started) and they also know about the friction with the neighbor since the police have been called in the past.

Of course, no camera evidence, just his word against mine.

Wonder what the next steps and outcome could be once the police, DA, and possibly a judge become players in this drama ?
 

·
Registered
Joined
·
1,733 Posts
Explain that the gun did in fact point at the neighbor. Be sure to clarify that the gun remained in the holster the entire time, and that you will be filing a counter-suit alleging sexual assault as said neighbor was humping your leg.

Honestly, I can't see anything happening, unless the neighbor draws up tons of "witnesses" to lie on his behalf.
 

·
Registered
Joined
·
760 Posts
Re: What if I'm OC'ing and someone says I pointed my gun at

New2Atlanta said:
Just a hypothetical...
but it is one of the more worrisome scenarios that keep me from OC'ing just yet

say an unarmed neighbor I'm feuding with makes the FALSE claim that I pointed my handgun at him and several in the neighborhood have seen me OC (but not until the feud started) and they also know about the friction with the neighbor since the police have been called in the past.

Of course, no camera evidence, just his word against mine.

Wonder what the next steps and outcome could be once the police, DA, and possibly a judge become players in this drama ?
I wouldn't let something like this keep you from OC'ing. People can be falsely accused of all sorts of things, whether they OC or not.
 

·
Lawyer and Gun Activist
Joined
·
28,617 Posts
Arrest

You can be arrested for aggravated assault, a 1-20 year felony, just on the uncorroborated statement of the "victim" and no other evidence to back up his story. Well, I take that back. Police and prosecutors would view your open carry weapon as the evidence. At your trial, if it went that far, it would be tagged as State's Exhibit One. Your admissions that you're having a feud with this guy would be further evidence against you, although obviously it cuts both ways. The State would say it supports their side and shows your motive to threaten him. You would say it gives this guy a reason to lie to get you arrested. It might end up being prosecuted, if he sticks with his story and wants to see you prosecuted.
 

·
Registered
Joined
·
2,188 Posts
I had the cops called to me just the other night with this happening, luckily I worked for the agency they called and am still a certified officer. If it had not been that way I could have seen my self going to the pokey. he and his wife were making a similar comment. At no time did I ever touch my gun, appear hostile, hell I did not even speak to the liars. All over a very minor dog issue. As a matter of fact I had my badge on and all the other copper gear.

This is a prime example of why OC is just not a good idea. From now on I won't even do it when dressed up like a cop. I am now the training officer in a penal institution and do not wear a so called duty uniform, my uniform is a Polo and 5.11 with the badge on the belt, funny how people can see a black gun under the street lamp and not a big ass shiny gold badge.
 

·
Registered
Joined
·
8,036 Posts
Discussion Starter · #6 ·
The legal system can grind us up financially and otherwise.

I've experienced some of it in the civil arena (with some slow to come success) but want to avoid it at all costs in the criminal.
 

·
Premium Member
Joined
·
8,460 Posts
Frankly, just don't OC when you are in site of the person or persons you are feuding with.

If they don't know you are carrying they can't claim you did anything.

However doing like Firearmz did and knowingly OC in front of the person you are feuding with would seem to me to open yourself up to harassment and intimidation charges.

If no one has ever seen you OC, then OCing during a Feud with a neighbor is not the time to start.

Remember you want them to look aggressive and harrassing individuals and you to be the innocent person. Constantly OCing in front of them is not the way to do that. Avoiding them where possible and minimizing your exposure to them does. If they still call the police to complain then you have a better chance at making them look like fools.
 

·
Super Moderator
Joined
·
69,784 Posts
All my neighbors have already seen me openly carrying, and, even with all of the new development, they are still a little too far away to have much of any excuse to start a "feud."
 

·
Registered
Joined
·
2,188 Posts
Gunstar1 said:
Frankly, just don't OC when you are in site of the person or persons you are feuding with.

If they don't know you are carrying they can't claim you did anything.

However doing like Firearmz did and knowingly OC in front of the person you are feuding with would seem to me to open yourself up to harassment and intimidation charges.

If no one has ever seen you OC, then OCing during a Feud with a neighbor is not the time to start.

Remember you want them to look aggressive and harrassing individuals and you to be the innocent person. Constantly OCing in front of them is not the way to do that. Avoiding them where possible and minimizing your exposure to them does. If they still call the police to complain then you have a better chance at making them look like fools.
Occasionally I have open carried around the house, usually not. How ever this was not the first time these people had seen we with a gun. Frequently I come home and get out of my vehicle and go to the house with a gun on, an AR or a Shotgun in my hand, my vehicle sits out front with these big ass FIREARMZ- Firearms Training on three sides of it. He is gonna say I do not usually carry a gun, ok. I may be hard headed and stubborn in ways but thats me. I am not a proponent of open carry, it is legal and I do not think anyone doing it should be harassed by civilians of LE.

As for my walk and open carry it was no way done to intimidate anyone, then again just like I told the cop, want my info. I got no bad with standing up to wrong and paying the cost if I am right.

I personally do not think very much of police officer education in training on this issue, firearms laws are talked about very little. The only thing someone with a badge shows me is that they have a job. Political issues, morals, self worth and other factors all come into play with each and every officer.

You do not have to be feuding with anyone for someone to call the police about you carrying a firearm,people do it all the time. Just carry legally and you will usually be good to go.
 

·
Premium Member
Joined
·
8,460 Posts
Firearmz said:
Gunstar1 said:
Frankly, just don't OC when you are in site of the person or persons you are feuding with.

If they don't know you are carrying they can't claim you did anything.

However doing like Firearmz did and knowingly OC in front of the person you are feuding with would seem to me to open yourself up to harassment and intimidation charges.

If no one has ever seen you OC, then OCing during a Feud with a neighbor is not the time to start.

Remember you want them to look aggressive and harrassing individuals and you to be the innocent person. Constantly OCing in front of them is not the way to do that. Avoiding them where possible and minimizing your exposure to them does. If they still call the police to complain then you have a better chance at making them look like fools.
Occasionally I have open carried around the house, usually not. How ever this was not the first time these people had seen we with a gun. Frequently I come home and get out of my vehicle and go to the house with a gun on, an AR or a Shotgun in my hand, my vehicle sits out front with these big ass FIREARMZ- Firearms Training on three sides of it. He is gonna say I do not usually carry a gun, ok. I may be hard headed and stubborn in ways but thats me. I am not a proponent of open carry, it is legal and I do not think anyone doing it should be harassed by civilians of LE.

As for my walk and open carry it was no way done to intimidate anyone, then again just like I told the cop, want my info. I got no bad with standing up to wrong and paying the cost if I am right.

I personally do not think very much of police officer education in training on this issue, firearms laws are talked about very little. The only thing someone with a badge shows me is that they have a job. Political issues, morals, self worth and other factors all come into play with each and every officer.

You do not have to be feuding with anyone for someone to call the police about you carrying a firearm,people do it all the time. Just carry legally and you will usually be good to go.
Just a difference in personality. Some people will follow what the law allows and not allow anyone to intimidate them (which can be good and bad). I am the type of person that will probably comply only until they have enough rope to hang themselves (which also can be good and bad).

I am not saying you were wrong to do what you did, just that I would have taken a different approach.
 

·
Registered
Joined
·
2,269 Posts
At the Powder Springs Citizens Police Academy last night the Officer from Powder Springs that runs the Academy was talking about "CCW" and how it was a violation of the "Public Gathering" law to carry into grocery stores or anywhere else in public!! I told her that she was not correct and she claims to have a conviction on violation of the puclic gathering law for carrying into a grocery store!!

After stuff like this, i'm still apprehensive about "CC" let alone "OC"!
 

·
Registered
Joined
·
2,549 Posts
Mafuta54 said:
At the Powder Springs Citizens Police Academy last night the Officer from Powder Springs that runs the Academy was talking about "CCW" and how it was a violation of the "Public Gathering" law to carry into grocery stores or anywhere else in public!! I told her that she was not correct and she claims to have a conviction on violation of the puclic gathering law for carrying into a grocery store!!

After stuff like this, i'm still apprehensive about "CC" let alone "OC"!
:?
 

·
Registered
Joined
·
2,472 Posts
Mafuta54 said:
She claims to have a conviction on violation of the puclic gathering law for carrying into a grocery store!!

After stuff like this, i'm still apprehensive about "CC" let alone "OC"!
email & ask her for the case infomation. Then send her the AG opinions on the matter.

The next time you see her at Kroger smile REALLY big. And wave.
:lol:
 

·
Registered
Joined
·
2,269 Posts
Here is the reply I got from her!

The case I had never went outside of Carroll County Superior court. I will however see if I can find case law for you. I saw what you sent, but have to say, it is an “Unofficial Opinionâ€, meaning again, it is how the Judge sees it. I do see your point and also agree, but like I stated before, it is totally up to a Judge.

I will look for U.S. Supreme Court Rulings to see what we have there.
 
1 - 20 of 48 Posts
Top