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Old January 2, 2010, 08:34 PM   #21
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Join Date: July 31, 2009
Posts: 642
There was a previous case in GA dealing with MARTA having to do with stopping a person carry concealed but the circumstances are different than the Mass case. In the Mass case a lawyer was walking down the street towards a court house flashed his gun, had a suit coat on but did not cover completely the holstered gun, police officer saw the gun, jumped out held the lawyer at gun point. After getting his ID and permit, held him for 10 minutes then took the gun away. Claim for taking gun was that he could not verify the permit. The lawyer sued and lost. In the Georgia case the person placed his weapon in a concealed holster and got on MARTA, a police officer that saw him in his car holster the weapon, followed him on to MARTA and asked to see his permit, confiscated his weapon and locked him up for 30 minutes while running a check. After the check came back OK, he let him have his gun and leave, The complainant sued the PD and lost. In both cases the possession of a gun was illegal in the specific circumstances under the law unless you had a permit. The courts basically said the police had the right to stop and verify that the carrier had a permit for the weapon.

I sent a PM to Antipitas that there was only one case being discussed in two separate papers, but I was partially mistaken. The main point of both stories was the Mass case but the Georgia paper did mention the MARTA case.

Last edited by wally626; January 2, 2010 at 09:53 PM.
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