Kirk Freeman
Grandmaster
Federal court in Atlanta in a §1983 suit has ruled that a police investigatory stop to investigate an individual carrying a pistol on the MARTA (Atlanta public transport system) is a reasonable search and seizure.
The judge reasoned that as Georgia made its permit/license an affirmative defense to the crime of carrying a concealed weapon (and not an element of the offence) no Fourth Amendment violation transpired.
More here including motions and the court's order:
Georgia Carry : An information clearinghouse for Georgia Firearms License issues and news Blog Archive Judge Issues Order in MARTA Case
The judge reasoned that as Georgia made its permit/license an affirmative defense to the crime of carrying a concealed weapon (and not an element of the offence) no Fourth Amendment violation transpired.
More here including motions and the court's order:
Georgia Carry : An information clearinghouse for Georgia Firearms License issues and news Blog Archive Judge Issues Order in MARTA Case