With the explosion of what is often erroneously termed "concealed carry licensing," including more than 120,000 licenses issued in 2008 alone, many people often forget that it is legal to carry a firearm openly in Georgia.
Sometimes, the people who forget are the police.
Georgian Luke Woodard thought he was going to have a good day when he purchased a winning lottery ticket at a convenience store in Paulding County, west of Atlanta, but his luck was about to take a turn for the worse. Before the day was over, Mr. Woodard found himself spending the night in a cold, concrete cell. The reason? Mr,. Woodard was carrying a pistol openly, where members of the public could see it.
He cooperated fully with the police. He showed them his Georgia firearms license and his driver's license and submitted to being disarmed. The result? The police officers arrested Mr. Woodard, charged him with carrying a concealed weapon and disorderly conduct, and seized both Mr. Woodard's firearm that his was carrying, and, inexplicably, a firearm that was in a case inside his car.
When the police first stopped and surrounded Mr. Woodard, he asked "What is the problem?" He was told that the problem was that he was "carrying a firearm openly." His attempts to explain the legality of his conduct fell on deaf ears. Ironically, Mr. Woodard was not charged with carrying a weapon openly, but with carrying a concealed weapon.
Because the charge of carrying a concealed weapon is a disqualifier, Mr. Woodard lost his Georgia firearms license, and he was facing two years in jail. The charges against Mr. Woodard were pending for months until the intervention of the Georgia organization GeorgiaCarry.Org and Marietta criminal defense attorney Doug King. The criminal charges have now disappeared, and Mr. Woodard retained Roswell attorney John Monroe to file a federal lawsuit for violation of his Fourth Amendment rights. Yesteday, Mr. Woodard filed a motion for summary judgment. You can (and should) read it here.
The outcome of this case is important for the public in Georgia and law enforcement alike, as Mr. Woodard's treatment, although rare, has not been an isolated incident. GeorgiaCarry.Org has a similar case pending against the Metropolitan Atlanta Rapid Transit Authority for detaining a man who was spotted carrying a concealed handgun.
Luke Woodard's goal for this lawsuit is to stop police harassment of people exercising their right to bear arms when the police have no reasonable suspicion of a crime.
Here is wishing him success.
Comments
The idiot who reported Mr. Woodard should also be labeled as a Defendant.
GeorgiaCarry.org has done a great job of helping Georgians regain their civil rights. I hope Mr. Woodard has a good outcome in court, so the message will be sent out that their is nothing wrong with a law abiding citizen exercising a constitutional right. Good luck to him.
Way to go, GeorgiaCarry.org! Glad you were able and willing to flex your influence for Mr. Woodard.
I am pleased to be a part of GeorgiaCarry.org and completely support the defense of our second amendment rights. You have my support Mr. Woodard. Our Georgia LEO's need to be correct in their understanding of Georgia law.
It is also legal to open carry in New Hampshire.
you only need a permit to carry consealed.
if you purchase a gun for home protection you dont need a permit and you dont have to inform the local police.
In 2008 New Hampshire was voted the safest staat to live in
Thanks Mr. Stone for all the hard work you and Georgia Carry do to preserving and expanding Georga citizen's firearms rights.
Proud Member GCO
GeorgiaCarry.org has done a great job. i am Proud to be a member.
I see that the criminal charges against Mr Woodard have been thankfully dropped.
Question: Have the thieves returned his firearms and ammunition as yet?
Comment: Usually it's much easier to get criminal charges dropped than it is to recover one's property from the arresting agency.
Thanks Ed you are the best. We in Georgia are very lucky to have you.
Thank you for defending out right to keep and bear arms. Without that right we have no way of defending our other rights. Great job GCO.
What are the Police Academies teaching? This has got to be covered during their training. Where was the supervisor? What does their SOP state? Where they not listening during Search & Seizure classes? This should not happen to any citizen in any state at any time.
Once again GeorgiaCarry.org comes through. I'm proud to be a member of such a fine organization.
What I'm seeing is that Law Enforcement can basically charge you with whatever they want (catch 22): "When the police first stopped and surrounded Mr. Woodard, he asked "What is the problem?" He was told that the problem was that he was "carrying a firearm openly." His attempts to explain the legality of his conduct fell on deaf ears. Ironically, Mr. Woodard was not charged with carrying a weapon openly, but with carrying a concealed weapon." Do they not have any liability on their errors or ignorance?
well, if the cop cars have the ability to capture video, it is a no brainer. Also, how did the cops know he had a "concealed" weapon? I mean, when I carry concealed, NO ONE KNOWS, well, maybe superman but he has x-ray vision. My point is, there has to be some integrity in at least one of the cops, maybe. I know that is stretching it a bit. I hope he fits it and wins!
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