BRACK: With 6 loaded guns in Publix, man may not be convicted as felon

By Elliott Brack
Editor and Publisher, GwinnettForum

JAN. 6, 2023  |  Did you hear about the story published recently of a guy found to be carrying six loaded guns in a restroom at a Publix in downtown Atlanta? The story was in The New York Times on January 3.

This person had  four handguns in his jacket pocket, plus a 12-gauge shotgun and AR-15 rifle in a guitar case. This happened in March of 2021.

Luckily, an Instacart delivery driver saw the person in the restroom, alerted store officials, and the store was evacuated without incident.

The ironic aspect in this potentially disastrous story was that, under Georgia law, it appears that no significant charge can be made against the person.  That’s because Georgia and 47 other states have the so-called “Open Carry” legislation, allowing people to carry a loaded weapon in public.  So drop this problem at the door of the Republican Party, and credit Gov. Brian Kemp for signing it into law. He could have used his power to veto it.  (And remember in his first campaign, shown holding a rifle with his son?) 

We can thank the Republican-controlled state legislature for the law allowing people to walk around openly with loaded weapons as long as they have a permit.  It’s a law gone too far, since it gives people like the guy with the weapons at Publix a way to easily open fire at will with their weapons. The person was a 22-year-old homeless guy.

This incident caused some soul-and-law searching by public officials. It means that law enforcement officials have limited tools when dealing with heavily armed people in a public place. Think about it:

  • Would you like to be sitting next to someone heavily armed at a Braves’ game?
  • Are your children safe when playing in a park, with people walking around with an obvious “Open Carry” weapon?
  • How many armed robberies, and even shootings, take place from people with “Open Carry” weapons?

At first, it looked like Georgia would come down hard on the guy with the weapons in the restroom.  He was charged with 11 felonies.  It was noted that while in the restroom, he had put on body armor. You just wonder what he was up to. At least, no deaths came from this incident. 

Charges were released against him in February of this year, after the person was in jail for 10 months. However, a grand jury later indicted him on 10 counts of reckless conduct, a misdemeanor.  He pleaded not guilty to these charges and remains in jail since his lawyer says he cannot afford bail.

Word from several people in the legal community is they feel that the person had technically broken no law. But even his own lawyer seems to have some doubt, saying he might be suffering from mental illness and was awaiting a formal diagnosis.  He also added that his client had attempted suicide during his 10 months stay in jail.

So what do we have?  It appears the State of Georgia has given to this young, homeless, possibly mentally-ill person, a permit to walk around in public “packing weapons,” fully-loaded. What would have caused this person to open fire in the Publix save another person alerting store officials to a possible problem? 

The sad part is that the State of Georgia shares blame with the “Open Carry” law.

It’s up to you, Republicans, in and out of the Legislature, to solve this problem. Repeal “Open Carry” before someone like this person opens fire in a public place.

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