Man with gun sues MARTA after being detained (GA)

[davepc]

http://www.ajc.com/metro/content/metro/stories/2009/03/05/guns_on_MARTA.html

A man detained after entering a MARTA station wearing a holstered firearm sued the transit agency Thursday, accusing it of illegal search and seizure.

The federal lawsuit was filed on behalf of Christopher Raissi and the gun-rights group, GeorgiaCarry.org.

Raissi was detained by MARTA police as he entered the Avondale station Oct. 14 with his firearm, the lawsuit said. The handgun was inside Raissi’s T-shirt and must have been exposed when he dropped his MARTA fare card and bent down to pick it up, said his lawyer John Monroe.

MARTA officers surrounded Raissi, seized the weapon and demanded to know why he was carrying a gun, the suit said.

Raissi showed the officers his Georgia firearms license and driver’s license and, at their request, gave them his Social Security number. He was escorted to another building, held about 30 minutes and released with his gun.

The officers had no probable cause or reasonable suspicion Raissi was committing, or about to commit a crime, the suit said. It noted the Georgia Legislature last year passed House Bill 89, which decriminalized the carrying of firearms on public transit.

...

[burythehatchet]

1. now if he had a joint, he'd be in the city jail.

[geckosfeet]

2. He had an exposed gun. I know I can't do that with my ltc. It's against the law.

I'd say he was lucky he wasn't arrested.

Then again, laws vary by state.

[aikoaiko]

6. Not in GA. In GA, the firearms license permits concealed and unconcealed carry.

The police overreacted in my opinion.

[geckosfeet]

14. If thats the case then clearly he was within his rights. I suppose that if

the port authorities are not used to seeing people walking around with guns then I can't blame them.

Hell - I remember being stopped and questions for taking pictures, and having to delete the pictures of some building because a local law employee was afeared.

[tridim]

3. IMO that's a very reasonable search.

They let him go, what's the problem?

[Fire_Medic_Dave]

4. Reasonable search, unreasonable detainment.

[tanngrisnir3]

10. Ding! That is the correct answer.

[gorfle]

7. I have to agree.

When you see someone carrying a concealed firearm, it's reasonable to stop them and find out of they are allowed to be carrying or not.

It would have been nice if they just checked his paperwork and let him to right on his way, but 30 minutes is not that big of a deal.

I bet most traffic stops take at least 20 minutes even if they let you off with a warning.

[Abq_Sarah]

13. Once he showed them a valid

Concealed carry license, they had no legal reason to detain him and it can only be described as harassment. I would pursue legal action as well.

[aikoaiko]

5. The most the police should have done is asked if he had a Georgia Firearm License to carry concealed

And when he produced it, they should have said have a nice day.

Everything else was excessive.

[gorfle]

8. True, but...

True, but even a traffic stop for a warning probably takes at least 20 minutes to execute.

Given the rarity of encountering CCW permit holders, it would not surprise me if the officers that he encountered didn't know what to do.

[aikoaiko]

9. Yes, but in a traffic stop the police have evidence of a crime being committed.

Perhaps a better analogy would be if an officer saw someone unlock and get into a car on a public street and then asked them to get out of the car, seized the car, brought them to some room to discuss whether or not they had the lawful right to be entering that car.

Well, maybe that not the best analogy, but I think its better than a traffic stop.

Seizing the weapon and detaining them in another room was over the top.

[Outbreak]

11. Concealed means concealed.

I'm very careful about keeping my gun concealed whenever I'm carrying it. This guy was careless and it was exposed, which I'm guessing is illegal in GA. I would say they should have asked to see his permit, then give a warning about keeping his gun concealed, and let him go.

[aikoaiko]

15. Exposing a concealed gun is not illegal in GA per se.

I think the only reasonable response was to ask for a Georgia Firearm License to see if he was permitted. No seizure of the firearm, no detention in another room.

[pipoman]

12. This is often the basis of civil rights violation actions against police:

it would not surprise me if the officers that he encountered didn't know what to do.

If they didn't know, they should have. Lack of appropriate training has been the basis of many law suits against LEOs.