Negative LEO Open Carry Encounter in Georgia

[grovemonkey]

I've been open carrying for the past 6 months here in Georgia with no problems from LEO, until today. While at the park with my wife and kids we were just finishing and about to leave when a LEO approached me out of the blue and asked me to follow him. I complied and he asked for my license. I complied but asked him why I was being stopped and why it was necessary. I had my gun on my side and while we were at the park I did cover up with my shirt a few times and eventually just gave up and kept my gun out. Well, a few people in the park must have called the police because the LEO was accusing me of committing assault by uncovering and covering my firearm. I was shocked. I didn't speak with anyone other than two people who were non-issues. This LEO was a real character too, trying to verbally bully me by asking why I felt it was necessary to carry in a park at my age? At the same time saying he's all for the 2nd amendment but also acting like a real tough guy throughout the interaction. He ran my background (which zero marks on it) while I kept asking if I was free to go, etc. The whole event was ridiculous. Eventually they gave me my ID's back and let me go without anything.

After researching Assault law, it's an easy law for a LEO to abuse in this situation. If you do something, like uncover your shirt revealing your firearm and it makes someone feel threatened, then I guess that could be considered simple and possibly aggravated assault.

While I wasn't arrested, it was an annoying encounter that highlights that you have to be careful when you open carry in public places.

 

[dad45acp]

A: GA has dumb laws.

B: Prob should get something to better conceal your gun. You made Susie Soccer Mom nervous.

Sent from my NSA screened Smartphone

 

[grovemonkey]

Yeah.. When the LEO said Assault, I almost **** myself.. REALLY? I'm a middle-aged guy with my family here who hasn't really talked to anyone and was minding my own business..

 

[Cypher]

When the cop is clearly on a phishing expedition you’re generally better off to say nothing. Or just keep it simple “Hey Officer, you just accused me of a crime I don’t think I’d better say anything else until I talk to a lawyer.”

 

[grovemonkey]

Good point and duly noted!

 

[farsidefan1]

2 questions: do you have your ccp and is Georgia an open carry state? If both of those are yes then when the cop approached and if you are there with someone else have them turn on their cell phone camera and record the interplay. then push the issue with the officer. Demand to know if you are being arrested. I would not point out to the cop that he was being recorded. Save that surprise for when you can hurt him with it.

 

[dad45acp]

2 questions: do you have your ccp and is Georgia an open carry state? If both of those are yes then when the cop approached and if you are there with someone else have them turn on their cell phone camera and record the interplay. then push the issue with the officer. Demand to know if you are being arrested. I would not point out to the cop that he was being recorded. Save that surprise for when you can hurt him with it.

That's ridiculous. The cop has every right and authority to establish the encounter. Its a MWAG complaint and undoubtedly has causation to see the gun license and to conduct a field interview. Its the pitfalls of OC. If the LEOs attitude sucked well...he probably has better things to do. But the investigation concluded and everyone went on their way.

Sent from my NSA screened Smartphone

 

[NavyLCDR]

That's ridiculous. The cop has every right and authority to establish the encounter. Its a MWAG complaint and undoubtedly has causation to see the gun license and to conduct a field interview. Its the pitfalls of OC. If the LEOs attitude sucked well...he probably has better things to do. But the investigation concluded and everyone went on their way.
Sent from my NSA screened Smartphone

Thankfully in my state of Washington that is not true. Our Constitution, state laws, and state Supreme Court precedent says otherwise.

I had my gun on my side and while we were at the park I did cover up with my shirt a few times and eventually just gave up and kept my gun out.

IMHO, it's a bad practice to cover and uncover the gun. I would consider that to be unusual, if not suspicious myself. Just open carry and leave it alone

 

[jcreek]

Once you give him your ID there's really no point asking if you're free to go. What are going to do, walk away without your driver's license? If you choose to ID yourself to him just give him name and DOB not that I would do that either.

I agree with Navy about the covering/uncovering thing too. Even in states with decent gun laws, that could be seen as trying to draw attention to your weapon and possibly considered brandishing if someone believes you're trying to intimidate them with it. Just holster it and leave it, no fidgeting.

 

[Firefighterchen]

Makes me glad the open carriers in Washington are trying to fix this problem instead of complying with it. NAVY advice is sound, less fidgeting would help.

 

[AzBanks]

That's ridiculous. The cop has every right and authority to establish the encounter. Its a MWAG complaint and undoubtedly has causation to see the gun license and to conduct a field interview. Its the pitfalls of OC. If the LEOs attitude sucked well...he probably has better things to do. But the investigation concluded and everyone went on their way.

Is being a man with a gun illegal? If OC is legal where this occurred then the cop was out of line to establish contact.

I am so glad I live in Arizona where OC is so common that the cops never hassle people about it.

 

[Cypher]

Is being a man with a gun illegal? If OC is legal where this occurred then the cop was out of line to establish contact.

Cops have the same right to walk up to someone and ask them questions that you or I do, there's nothing that says you have to answer them but they are within their rights.

 

[BC1]

If you are there with someone else have them turn on their cell phone camera and record the interplay. then push the issue with the officer... Save that surprise for when you can hurt him with it.

Push the issue? You deserve what you get when you act like a punk. Most of us won't hire a person who has an arrest record over an argument with a cop. Think about that.

 

[tattedupboy]

Even if you did repeatedly cover and uncover your sidearm with your shirt, in order for it to be "assault," doesn't it have to be "threatening" or "menacing" and directed toward someone? Think about it, who the heck am I assaulting if I'm out in the middle of nowhere, I cover and uncover my gun several times, and no one else is around?

 

[Nightmare45]

You have the right to remain silent.

 

[apvbguy]

Push the issue? You deserve what you get when you act like a punk. Most of us won't hire a person who has an arrest record over an argument with a cop. Think about that.

the libtards are pushing through laws that say you cannot discriminate based on background checks that show criminal records for minor crimes

 

[apvbguy]

You have the right to remain silent.

and so many are unable to avail themselves of that right

 

[Firefighterchen]

This is how you remain silent.

Sent from my HTCONE using USA Carry mobile app

 

[tricolordad]

Cops have the same right to walk up to someone and ask them questions that you or I do, there's nothing that says you have to answer them but they are within their rights.

Not completely true. A half truth is the same as lying by omission. In WI, if a stop is solely because the officer saw you open carrying, then it is in violation of the 4th amendment. They may not imply in any form that it is mandatory that you speak to them or show ID, though they may ask. State AG (J.B Van Hollen) is very clear about the state's position on terry stops.

 

[tricolordad]

Even if you did repeatedly cover and uncover your sidearm with your shirt, in order for it to be "assault," doesn't it have to be "threatening" or "menacing" and directed toward someone? Think about it, who the heck am I assaulting if I'm out in the middle of nowhere, I cover and uncover my gun several times, and no one else is around?

Any half ass lawyer can "prove" to the court that it was a threat. Interpretation is fluid and varies with each individual.