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ScanGwinnett Forums - Gwinnett Police - HB 60
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Gwinnett Police - HB 60

 
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Phil1979
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PostPosted: Fri Dec 25, 2015 1:49 pm    Post subject: Gwinnett Police - HB 60 Reply with quote

Hello all, this is my first post here, but I'm not a newbie with regard to forum posting. I usually hang out at Georgia Packing where I have almost 6000 posts since 2010.

I'm gun-rights advocate and member of Georgia Carry.

I'm hoping to find someone who is in or knows someone who is in the Gwinnett PD to see if I can get an answer as to whether they would arrest someone for carrying a firearm in a public building that is not a courthouse and that does not qualify as a "government building" per OCGA 16-11-127.

HB 60 authorizes a licensed citizen to carry in all places in the state unless they are specified as off-limits. This would make all public buildings legal to carry in unless they are federal buildings, contain judicial courts, or are "government buildings" that have weapons screening.

However, Gwinnett Center (now called In finite Energy Center) has a "No Weapons" policy, and they sometimes do screening. But their management has confirmed to me that they do NOT qualify as a "government building". They are just public, county owned property, and counties are forbidden by state preemption to regulate the possession and carrying of weapons by any means. This would make their screening an unlawful means to keep out weapons in buildings that are legal to carry in under state law.

While I wish to exercise my rights while attending an event there, and I typically open carry, I do not want to risk getting falsely arrested for trespass. If they do not have the legal authority to ban guns, it reasons they could not have me arrested for legally carrying one.

I want to find out just how well Gwinnett PD understands and is willing to follow state law.

Thanks,

Phillip Evans
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StreetSamurai
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PostPosted: Fri Dec 25, 2015 4:41 pm    Post subject: Reply with quote

If it's not public property, that means it's private property. In that case, they can make whatever rules they want and if you are asked to leave and don't leave, that's trespassing.

Just like if it was a private residence. If I don't want you in my house, you can't be in my house. Regardless of what the reason may be.

As for when an officer can/will arrest you, it really depends on the officer. If a private business asks you not to bring in your weapon, just put it in your car or take it home. Before you argue or make a scene, just ask yourself if that's a hill you're willing to die on.
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Phil1979
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PostPosted: Sat Dec 26, 2015 1:13 pm    Post subject: Reply with quote

Yes Street, I know and agree with that.

However, clearly in my post I point out that it is public property.


StreetSamurai wrote:
If it's not public property, that means it's private property. In that case, they can make whatever rules they want and if you are asked to leave and don't leave, that's trespassing.

Just like if it was a private residence. If I don't want you in my house, you can't be in my house. Regardless of what the reason may be.

As for when an officer can/will arrest you, it really depends on the officer. If a private business asks you not to bring in your weapon, just put it in your car or take it home. Before you argue or make a scene, just ask yourself if that's a hill you're willing to die on.
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StreetSamurai
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PostPosted: Sun Dec 27, 2015 9:38 am    Post subject: Reply with quote

Okay, I'm sorry. I re-read your post. For some reason I think I was answering a different question than you were actually asking. lol Smile

To keep it short, in regards as to whether or not a police officer would arrest you, again, it's hard to say. Each officer is a unique individual and prone to different interpretations of the law and their own limited understanding of the law and how to apply it.

Typical lawyer answer, "It depends..."

Especially when the definition of "government building" in the code section you mentioned is pretty malleable. I mean, if a city council were to have a meeting to plan a city-sponsored holiday event, then whichever building they use for that meeting fits the criteria for "government building".

I can say that when I was a police officer if someone otherwise legally carrying a firearm into a place they shouldn't, or a place that I feel they shouldn't according to the law, I'd just ask them to go put it in their car or leave. I really can't imagine a police officer doing otherwise, but again, every person and situation is different.

I also think it's a good idea to call ahead if you can and just ask over the phone so you can plan accordingly.

I'm sorry I don't have a more firm answer. Laws typically are open to individual interpretation and police officers aren't robots (well, not all of them Smile ) and so I can't say with certainty that "If X, then Y will happen."

Hope that clears things up. Cheers.
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StreetSamurai
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PostPosted: Sun Dec 27, 2015 9:50 am    Post subject: Reply with quote

Oh, and in regards to Infinite Energy Center specifically, I would make sure you talk to someone in a management role and get something in writing before you carry on their property. So on the off chance you DO get arrested, you can use that in your defense.

Again, it goes back to picking your battles. If you think they are acting unlawfully, you may want to call Danny Porter's office and talk to someone there. Hope that helps.
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Phil1979
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PostPosted: Mon Dec 28, 2015 6:52 pm    Post subject: Reply with quote

Thanks Street, I appreciate your well thought out answer.

I did get plenty in writing from them. Smile
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