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  #16  
Old 01-02-2010, 12:44 PM
rankhornjp rankhornjp is offline
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Quote:
Originally Posted by surfer03133 View Post
i'm sure the pd would have given his gun and liscense back to him after they 100% checked everything
1) He had no reason to take the gun. You have the RIGHT to be secure in your persons and property!

2) The cop checked everything he could and STILL didn't return the gun!

3) Mass is an open carry state.

Last edited by rankhornjp; 01-02-2010 at 12:50 PM.
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  #17  
Old 01-02-2010, 01:44 PM
tes151 tes151 is offline
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In Pennsylvania we don't have concealed carry permits. We have license to carry firearms ( LTCF ). The reason for that, is that we are not required to conceal. We can open carry with no license at all, except for in vehicles, and in Philadelphia. I'm not sure what the laws are in GA, but there is a PA supreme Court ruling that just because a cop sees a person carrying a gun, does NOT give him/her the right to detain or question. We are not required to inform an officer that we are armed if pulled over or stopped for any reason. If asked for ID ( other than a traffic stop ) we are only required to verbally identify ourselves. We don't play that nazi crap " let me see you papers " stuff here. I think the law abiding people of GA should check their laws and make sure the cops aren't just pulling one over on them. If that is the law, then they need to get on their state congress critters and get it changed. Anyone from PA that wishes to learn more about the gun laws in our state can go here.
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Last edited by tes151; 01-02-2010 at 05:43 PM.
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  #18  
Old 01-02-2010, 03:18 PM
surfer03133 surfer03133 is offline
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well heres the georgian concealed carry law:
Quote:
Concealed Weapons: are defined as any bludgeon (asp baton, nun chucks, ect), metal knuckles, firearm (this means ANY firearm capable of being concealed, not just handguns), knife designed for the purpose of offense and defense (swords, ballistic knives), or any other dangerous or deadly weapon or instrument that is not carried in an open manner and fully exposed to view. For weapons to be considered not to be concealed, the weapon grip or the handle must NOT be hidden or covered up by the person's clothing or in the person's pockets (unless the grip is completely exposed).
so if you can see it from the street, it is NOT considered concealed weapon
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  #19  
Old 01-02-2010, 03:21 PM
smakes smakes is offline
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maybe the lawyer moved his arm in a motion that exposed his weapon, you werent there so you dont know, just drop it. another argument your not gonna win lol
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  #20  
Old 01-02-2010, 03:26 PM
RangerLuc RangerLuc is offline
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in michigan u cant get your CPL until youve completed 4 days of classes and after sending 500 rounds down the range
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  #21  
Old 01-02-2010, 04:23 PM
rankhornjp rankhornjp is offline
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Quote:
Originally Posted by surfer03133 View Post
well heres the georgian concealed carry law:

so if you can see it from the street, it is NOT considered concealed weapon
The case is from Massachusetts. However, GA is an open carry state as well. We have a Georgia Firearms License. With a GFL you can carry a firearm open OR concealed.
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  #22  
Old 01-02-2010, 04:26 PM
rankhornjp rankhornjp is offline
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Originally Posted by tes151 View Post
<snip>..but there is a PA supreme Court ruling that just because a cop sees a person carrying a gun, does NOT give him/her the right to detain or question. ...<snip>
There is also one from Florida that basically says the same thing.

State v J.L.

Quote:
In 1995 the Miami-Dade Police received an anonymous tip that a young black male was at a bus stop wearing a plaid shirt and carrying a firearm. The police went to the bus stop and saw three young black men, one wearing a plaid shirt. Acting solely on the tip (the officers did not observe any criminal or suspicious behavior), they searched all three, and found a pistol in the pocket of the man wearing the plaid shirt.

The trial court granted the juvenile defendant's motion to suppress evidence as fruit of an unreasonable search and seizure. However, the Florida Third District Court of Appeal reversed the trial court. J.L. appealed the decision to the Florida Supreme Court, which quashed the decision of the District Court, holding that the tip did not give sufficient indicia of reliability to justify a stop and frisk of the subject. The appellee sought certiorari review from the United States Supreme Court.


And one from GA about traffic stops and Guns

State v. Jones

Quote:
The officer did not testify to any suspicious conduct or furtive movement on the part of Jones at any time, and he testified repeatedly that he was not in fear of any aggressive action. The officer candidly stated that he had a "standard procedure" of securing any firearm he saw in a vehicle during a traffic stop, because "several times" he had found a stolen gun in a vehicle. He had, however, no reason to believe that this particular hunting rifle was stolen.

The trial court granted the motion to suppress from the bench, explaining that the State had failed to show any legal justification for the officer's insistence on seizing Jones's firearm. We agree.

Last edited by rankhornjp; 01-02-2010 at 04:32 PM.
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  #23  
Old 01-02-2010, 08:05 PM
Johnbaum13 Johnbaum13 is offline
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The whole thing here, is unlawful seizure of property.

Let put this into terms we can all understand.

You have a license to drive a car, he had a license to carry a gun.

How would you like it if the cop impounded you truck for no other reason than he couldn't confirm your license was real?
And don't say it's different because it was a weapon. Cars kill more people everyday, and are used in more crimes than guns are.

I can understand the officer confiscating the gun during the stop, just as I understand being asked to step to the rear of the vehicle during a freeway stop, but it should have been returned when no evidence of wrongdoing was found.

In this country we are supposed to be "innocent until proven guilty", but he was treated as guilty until proven innocent, and that is unacceptable.
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  #24  
Old 01-02-2010, 08:15 PM
smakes smakes is offline
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john ftw, always bringing the logic
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  #25  
Old 01-03-2010, 05:46 AM
Micky Micky is offline
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one thing i often see overlooked about those of us licensed to carry a firearm is that we are not criminals. we willingly went down to the station and gave our name and fingerprints for a cost of 100+. (criminals get this treatment for free) however if you dress like a gangbanger and tote a pistol and someone sees it you can bet your ass someone is going to call the police. the biggest problem with concealed carry is...

1. those with anti-gun views
2. those with anti-gun views

disarming the responsible gun owners is not the answer
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