What if I'm OC'ing and someone says I pointed my gun at them

Discussion in 'Firearm Related' started by NTA, Sep 27, 2007.

  1. NTA

    NTA Well-Known Member

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    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 ?
     
  2. ThetaReactor

    ThetaReactor Active Member

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    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.
     

  3. viper32cm

    viper32cm New Member

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    Re: What if I'm OC'ing and someone says I pointed my gun at

    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.
     
  4. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    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.
     
  5. Firearmz

    Firearmz New Member

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    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.
     
  6. NTA

    NTA Well-Known Member

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    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.
     
  7. Gunstar1

    Gunstar1 Administrator

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    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.
     
  8. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    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."
     
  9. Firearmz

    Firearmz New Member

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    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.
     
  10. Gunstar1

    Gunstar1 Administrator

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    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.
     
  11. Play his game and tell them that he came at you with a kitchen knife.
     
  12. Blackadder

    Blackadder Guest

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    Although I will defend your constitutional right to open carry, this is another hypothetical circumstance that supports my belief that, in the world we live in today, it is (generally) a bad idea.
     
  13. Mafuta54

    Mafuta54 Active Member

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    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"!
     
  14. SigP229

    SigP229 Active Member

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    :?
     
  15. Tinkerhell

    Tinkerhell Active Member

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    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:
     
  16. Mafuta54

    Mafuta54 Active Member

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    Where do I find them?
     
  17. ptsmith24

    ptsmith24 New Member

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    The unofficial ones are here on this site.

    You can get to them through the link at the top of this site.

    https://www.georgiapacking.org/ga-ag/

    u84-37 and u-96-22, I believe.
     
  18. mzmtg

    mzmtg Active Member

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    Please, please follow up on that.

    If it's true, it should be easy to get all the pertinent info.
     
  19. Mafuta54

    Mafuta54 Active Member

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    Here is the reply I got from her!