Does Concealed Gun Give Cops Right to Search You?

[wozbean]

There is nothing unlawful about determining the legality of an individual carrying a concealed weapon. It is illegal to carry a concealed weapon in the state of GA unless you have a GWL. Not everyone in the state has a GWL so it is reasonable in the ordinary course of business for LE to determine if you are a GWL carrier should they determine you to be carrying a concealed weapon. It will hold up in court. It has held up in court. It is probable cause and there is a legal precedent for it. If you think differently; you are wrong. Sorry.

Please show me these precedents.

It is unlawful for LE to "determine if you are a GWL carrier" during ordinary course of business, again absent RS or PC. Can they make up something for RS? Sure. Will it hold up in court, I can't say.

 

[wozbean]

Stopping someone to check his permit is the same as pulling him over to see if he has a driver's license except the right to drive does not exist.

Captdave and I don't see eye to eye all the time but here we are 100%.

 

[js415]

There is nothing unlawful about determining the legality of an individual carrying a concealed weapon. It is illegal to carry a concealed weapon in the state of GA unless you have a GWL. Not everyone in the state has a GWL so it is reasonable in the ordinary course of business for LE to determine if you are a GWL carrier should they determine you to be carrying a concealed weapon. It will hold up in court. It has held up in court. It is probable cause and there is a legal precedent for it. If you think differently; you are wrong.

Do you also think it is OK for officers to stop anybody driving a car just to check them for a Drivers License?

Do you also think it is Ok for an officer to come into your house just to verify that you do not have any appliances with the serial numbers filed off?

Do you also think it is Ok for an officer to pull you over just to verify you have insurance on your car?

Do you also think it is OK for an officer to stop you just verify you are an United States citizen?

Do you think it is Ok for an officer to stop you for any reason he wants, just to verify that you have the proper paperwork, permission, whatever, to be doing the activity that you are doing?

It is the responsibility of the officer to know, or at least have RAS, that you are conducting an illegal activity, before you can be stopped.

I'm not sure if you are an officer or not, so it may not matter. I have provided you with a contact, and how to get in touch with him. Search for yourself. Base your decision on fact.

An officer can ask you anything he wants. You get to decide if you want to answer or not. If he is just asking (Tier I Encounter), then you do not have to answer. Plain and simple.

If it is a Tier II Encounter, then handle it the way you think is best.

Until SB 308 was passed in 2010, it was illegal to carry a concealed weapon, and a GFL was an Affirmative defense. After the passing, concealed carry is assumed to be legal. It requires RAS or PC to initiate a Tier II Encounter.

Jerry

 

[rOmiLaYu]

Stopping someone to check his permit is the same as pulling him over to see if he has a driver's license except the right to drive does not exist.

Then it's not the same thing, is it?

 

[wozbean]

Thank you Jerry.

 

[rOmiLaYu]

Please show me these precedents.

It is unlawful for LE to "determine if you are a GWL carrier" during ordinary course of business, again absent RS or PC. Can they make up something for RS? Sure. Will it hold up in court, I can't say.

For the last time, no, it's not and while you can't say; I can.

 

[wozbean]

Then it's not the same thing, is it?

He is saying that the firearm is more of an infringement that the driver license. So it's actually a little worse.

 

[wozbean]

Please show me these precedents.

It is unlawful for LE to "determine if you are a GWL carrier" during ordinary course of business, again absent RS or PC. Can they make up something for RS? Sure. Will it hold up in court, I can't say.

For the last time, no, it's not and while you can't say; I can.

Please show the GA or federal code so I may see it. Then I will admit I am wrong.

 

[rOmiLaYu]

It requires RAS or PC to initiate a Tier II Encounter.

Indeed it does...and refusal to cooperate during a Tier 1 encounter is RAS to initiate a Tier II encounter.

 

[Patronus]

Even I have to take exception with that.

LEO: "Mind if I search your car?"
Me: "Yes sir, I do. I would prefer not to have my car seareched"
LEO: "Well, refusal to allow a search constitutes probable cause which allows me to search your car."

Ummm. That CAN'T be right. The exercise of a right can NOT create probable cause to supercede a right.