Richmond County S.O. will now begin cataloging weapon serial numbers on all traffic stops and house searches fir intelligence purposes. I have a copy of the memo but don't know how to post from text.

This might help to fight against the Sheriff's Office from overstepping their bounds. Bold and italicized type by me:

Universal Citation: GA Code § 16-11-173 (2014)

(a) (1) It is declared by the General Assembly that the regulation of firearms and other weapons is properly an issue of general, state-wide concern.

(2) The General Assembly further declares that the lawful design, marketing, manufacture, and sale of firearms and ammunition and other weapons to the public is not unreasonably dangerous activity and does not constitute a nuisance per se.

(b) (1) Except as provided in subsection (c) of this Code section, no county or municipal corporation, by zoning or by ordinance or resolution, nor any agency, board, department, commission, or authority of this state, other than the General Assembly, by rule or regulation shall regulate in any manner:

(A) Gun shows;

(B) The possession, ownership, transport, carrying, transfer, sale, purchase, licensing, or registration of firearms or other weapons or components of firearms or other weapons;

(C) Firearms dealers or dealers of other weapons; or

(D) Dealers in components of firearms or other weapons.

(2) The authority to bring suit and right to recover against any weapons, firearms, or ammunition manufacturer, trade association, or dealer by or on behalf of any governmental unit created by or pursuant to an Act of the General Assembly or the Constitution, or any department, agency, or authority thereof, for damages, abatement, or injunctive relief resulting from or relating to the lawful design, manufacture, marketing, or sale of weapons, firearms, or ammunition to the public shall be reserved exclusively to the state. This paragraph shall not prohibit a political subdivision or local government authority from bringing an action against a weapons, firearms, or ammunition manufacturer or dealer for breach of contract or express warranty as to weapons, firearms, or ammunition purchased by the political subdivision or local government authority.

(c) (1) A county or municipal corporation may regulate the transport, carrying, or possession of firearms by employees of the local unit of government in the course of their employment with such local unit of government; provided, however, that the sheriff or chief of police shall be solely responsible for regulating and determining the possession, carrying, and transportation of firearms and other weapons by employees under his or her respective supervision so long as such regulations comport with state and federal law.

(2) The commanding officer of any law enforcement agency shall regulate and determine the possession, carrying, and transportation of firearms and other weapons by employees under his or her supervision so long as such regulations comport with state and federal law.

(3) The district attorney, and the solicitor-general in counties where there is a state court, shall regulate and determine the possession, carrying, and transportation of firearms and other weapons by county employees under his or her supervision so long as such regulations comport with state and federal law.

(d) Nothing contained in this Code section shall prohibit municipalities or counties, by ordinance or resolution, from requiring the ownership of guns by heads of households within the political subdivision.

(e) Nothing contained in this Code section shall prohibit municipalities or counties, by ordinance or resolution, from reasonably limiting or prohibiting the discharge of firearms within the boundaries of the municipal corporation or county.

(f) As used in this Code section, the term "weapon" shall have the same meaning as set forth in Code Section 16-11-127.1.

(g) Any person aggrieved as a result of a violation of this Code section may bring an action against the person who caused such aggrievement. The aggrieved person shall be entitled to reasonable attorney's fees and expenses of litigation and may recover or obtain against the person who caused such damages any of the following:

(1) Actual damages or $100.00, whichever is greater;

(2) Equitable relief, including, but not limited to, an injunction or restitution of money and property; and

(3) Any other relief which the court deems proper.

Yeah, they're gonna get a "speak to my Lawyer about that" response. They can have what they can read on the gun and my ID.

Course, they'd have to come to West Georgia to get it....

out for the name  change

Hardie Davis rides the Bloomberg Everytown train. Don't put anything past them.

Ironically, if my "pistol" has a barrel length between 12-18 inches they can't log it

Be wary, as I'm assuming the definition of an "investigative" stop will be anything from a busted tail light to failing to signal...bam, logged.  The question is going to be, when stopped and asked if you're carrying a firearm, do you just hand them your CCW and contact info to your lawyer; or, should ask if you're being investigated for any criminal misconduct?  

Slippery slope for sure.

The biggest issue I have is the "Gun Log" being kept on an Excel spreadsheet with all the gunowner's information.  You might as well post that on a local bill board or social media.  There is no control of spreadsheets regardless of who's maintaining them...

ROCK6

Roundtree uses guns and gun violence as the blame for why the county is like it is, instead of bad policies. Roundtree is very anti-gun. When Cecil Ridley was killed he said in the press conference that it Augusta has a gun problem. He has the mayor's backing and the D.A.'s too probably. Just waiting for the first law suit.

Listen.....not good anyway you slice it....and frankly just the tip of what's to come at the federal level.

However, if I am reading this right.....

They can only log such information during the course of an investigation of suspected crime, no?

OR

Is this something they can do to a CCW holder during a traffic stop?

Not saying you shouldn't be able to, but I never travel with guns visible in my vehicle....(old habit from living in the Peoples Republic of NY)

QQ - Is there any duty to inform officers in GA that you are armed if concealed?

Any suggestions for a lawyer to contact if the need arises?

As I understand it you do not have to inform the police you are armed in Georgia....unless they ask.  Which obviously rolls over into this sheriffs office making it policy to always ask.  Which then leads to them registering (logging) your firearm.  

Regardless of what they call it, cataloguing people's gun type and serial number with their name and address is just registration and as everyone knows, the first step in confiscation.  

This needs to be challenged quickly before more departments become emboldened by a lack of civil response.  Unfortunately, it's going to be a long four years of beating back the yoke of tyranny in America.

out for the name  change

This is correct...



I have a couple concerns.  If I'm pulled over for a traffic violation and asked if I'm carrying my CCW, fine.  I would offer to provide a copy of my WCL but I will not be offering or taking requests to put my hand on my CCW for any reason unless the officer has a warrant for my arrest or wishes to arrest me for criminal conduct.  This is a disaster waiting to happen.  I've seen and heard cops tell an individual to "put your hands up or on the wheel", and then tell them to "get their wallet or ID" in the same breath.  Confusing, stupid, and dangerous.  

ROCK6

Now on a traffic stop when the officer asks " do you have any bombs, grenades, guns , or any weapons in the car" if I am a CCW holder and carrying do I have to answer or can I say I dont have to answer this?

There is no legal obligation in GA to inform an officer that you are armed, even if asked.  I ask that anyone asserting the "if asked" notion to please provide a legal citation on that point.

The state appeals court has ruled that a "standard practice" of seizing firearms on a traffic stop violates the 4th Amendment.  

The memo in question states in Paragraph IV that deputies "should not stop citizens or try to acquire information on their firearms if they are not directly related to a criminal investigation or a suspected crime.".

We can "what if" scenario and nuance this to death, but if they stick to the exact, black letter wording of the memo, they are, most likely, legally valid under existing statutory and case law.  If they blur the lines on seizing firearms to gather such information, they could be asking for trouble.  The information would be in individual case files.  I'm skeptical that the courts will look at putting the information into a single database as being a registration requirement under state law.  I'll gladly stand corrected by a robe wearer.

Nothing in the above should be interpreted as to my showing support for such a policy.  If you interpret it that way, it's on you, not me.

thank you

Gee, I just cannot for the life of me guess what the answer to IV, B, 6. will be.