Paulding Deputies File Motion for Summary Judgment

In a GCO member’s federal civil rights case against Paulding County deputies for arresting him in violation of his constitutional rights, the deputies have filed a motion for summary judgment, the brief in support of which can be viewed here.

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12 Responses to “Paulding Deputies File Motion for Summary Judgment”

  1. imolaavant Says:

    Why the hell did Woodward enter into a pre-trial agreement? How’s that any different from saying, ‘yup, I’m guilty, let’s bypass the whole trial thing’? I hope he did that on his own and against the advisement of his counsel.

  2. 660grizz Says:

    From what I read, Woodward did break the law by carrying his weapon unholstered and stuck in his pants.
    Another point, there are certain things, I’ll call them common sense items, that he also violated. You should always be conscious of your actions when packing and try not to panic the herd. Messing with his gun that is just stuck in the back of his pants. That is just not a good idea.
    The comments I see here surprise me. Everyone is against the ‘man’. From what I read, Woodward acted like an idiot and an irresponsible gun owner and law enforcement over reacted.
    If you dress like a hoodlum, carry your weapon like a hoodlum, don’t be shocked when you get treated like one.

  3. Gunstar1 Says:

    660grizz: It is not illgeal to carry a firearm openly without a holster.

    McCroy v State says that when the police officer admits that the defendant had the “butt end of a pistol sticking out” of his right front pocket, the charge of carrying a concealed weapon is not valid.

  4. mark5019 Says:

    Concealed Weapons: are defined as any bludgeon (asp baton, nun chucks, ect), metal knuckles, firearm (this means ANY firearm capable of being concealed, not just handguns), knife designed for the purpose of offense and defense (swords, ballistic knives), or any other dangerous or deadly weapon or instrument that is not carried in an open manner and fully exposed to view. For weapons to be considered not to be concealed, the weapon grip or the handle must NOT be hidden or covered up by the person’s clothing or in the person’s pockets (unless the grip is completely exposed). Weapons MUST be able to be visible through ordinary observation. This law does not apply to carrying a concealed weapon in a person’s own home, and place of business (including the property of the business is located on IF it is owned by the business owner). You do not have to have permission from the owner in order to be exempt from carrying a concealed weapon without a license at your place of business (however that does NOT mean you cannot be fired for carrying without permission). This law does not permit, outside of a person’s home, motor vehicle, or place of business, the concealed carrying of a pistol, revolver, or concealable firearm by any person unless that person has on his or her person a valid license issued under Code Section 16-11-129 and even then the person may only carry the pistol, revolver, or concealable firearm only in a shoulder holster, waist belt holster, or any other holster (ankle holster, crotch holster, fanny pack holster, pocket holster,ect) and also a hipgrip or any other similar securing device (a hipgrip is a type of grip that has a clip sticking out to hook on to your belt or pants, a similar device to the hipgrip is a clip) at which point the weapon MAY BE concealed by the person’s clothing, or handbag, purse, briefcase, or any other close container. (Concealed carry is an option but is NOT required to carry a firearm. Firearms can be openly carried. However if you are concealing, the firearm MUST be carried in a holster, clip or similar type of securing device)

  5. 660grizz Says:

    If he was carrying concealed, we probably wouldn’t be having this discussion cause the gun would not have been seen.
    When you carry a gun in such a manner, you leave certain things in question. Was the entire ‘butt’ of the gun visible at all times? Photo provided in defendent’s paper suggest otherwise. A simple inside the waist band holster could have prevented this. Perhaps if it was carried properly, he wouldn’t have had to fidget with it as much. Fidgeting with the weapon is probably what led to the numerous 911 calls.
    Of course, we could just throw out the concealed weapon charge, which they probably will. You still have to explain why more than one person feared for their safety.

  6. duckhead Says:

    Looks to me like he’s only guilty of being stupid. I think he was looking for exactly what he got. Now it makes us look bad. But technically he should be all right. Maybe next time he’ll think better.

  7. bmccutcheon Says:

    After reviewing all of the documentation related to this case I must agree with most of you. This individual was not a very smart man at all. Thug carry, is not allowed per the rules of engagement concerning licensed concealed carry permit rules. Plus this parking on the curb nonsense and making multiple trips in and out of the store while fiddling with his firearm just added to his stupidity in this event. In a nutshell it goes back to my most favorite expression. “You can’t cure stupid”. Sorry Dude, but I think the Police were completely justified in their actions in this case.

  8. Ashe Says:

    660grizz: you and the deputies seem to be ignoring GA caselaw “Stockdale v. State” 1861 “A pistol carried by a man with no effort to conceal it; with the barrel inserted beneath the pantaloons in front, whilst the man’s coat was unbuttoned, and the man had on no vest at the time; that the cock, cylinder, and caps of the pistol could be plainly and distinctly seen, [b] and any person could know that it was a pistol, without any difficulty, is not concealed.[/b]”
    Or
    “McCroy v. State” 1980 [b]”When the police officer admits that the defendant had the “butt end of a pistol sticking out” of his right front pocket, the charge of carrying a concealed weapon is not valid.”[/b]

  9. fflintlock Says:

    I’ve read, and pictured in my mind, several things wrong, on both sides of the table.
    Our rights, as dictated by the Constitution, shall in no way be violated. We should do all we can, to make sure of this, in any and every legal manner. In exercising our rights, we should also do it in respectible and proffesional means, on both sides.
    If your going to carry a firearm, as it is your right to do so, legally, please do so with utmost respect and responsibility. Your physical actions, as well as your appearance in doing so, will surely dictate what happens next. I’m also sure a certain amount of “profilling” has also occured here, by this man’s actions and appearance. Although this should of not and may not have happen’ed, I feel sure it had something to do with the outcome of the situation. According to Ga. Law, the weapon was being carried legally.
    A holster and a t-shirt, would have gone a long way in avoiding this, I beleive. From the Deputies own deposition, it appeared he would have preferred open carry in a holster, with a GFL. They even got their books out and talked of what to do. This tells me, they are really unaware of the states carry laws, it looks to be a bit confussing for “all” of us. Perhaps more trainning is in effect for all LEO’s for the Georgia Firearms License. As well as for those who will apply for a GFL and carry their weapon. That is part of the responsibility I spoke of earlier.
    I do hope this has a favorible outcome for GFL holders in the county and the state as well. This concerns me greatly, as I am also a GFL holder in this county and we could all do with some valuble reading and understanding of our laws.

  10. 660grizz Says:

    duckhead, bmccutcheon, and fflintlock, that is all the points I was trying to make.
    I can legally dress in BDU, and combat boots, shove a couple pistolas down my waist band and wear a shirt that says “Kill Em All and Let God sort em Out”, but, I am not helping our ’cause’ by doing so and should not be outraged when I get treated like an idiot.

    Ashe: I may be ingoring those case laws. I prefer to meet the letter of the law when one slip up could remove my right to carry because of someone’s interpretation. Holster – $45 Right to Carry – priceless
    “For weapons to be considered not to be concealed, the weapon grip or the handle must NOT be hidden or covered up by the person’s clothing or in the person’s pockets (unless the grip is completely exposed). ” To me anyway, that means the grip has to be COMPLETELY exposed in order to not be considered concealed.

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