Coweta Files Response to Motion for Summary Judgment

Coweta County is arguing that its ordinance is not preempted by state law, and its response to the Motion for Summary Judgment includes Coweta’s own cross motion for summary judgment, asking the court to rule in Coweta County’s favor.  In sum, the brief argues that the preemption statute applies only to sales or transfers of firearms, and not to possession or carrying of firearms, even though possession and carrying of firearms is expressly mentioned in the statute.

In addition, because the General Assembly passed a public gathering provision, Coweta County argues that it can pass its own regulations, too.

From the brief:

If the State may legally regulate the carry of firearms on publicly-owned properties, then Coweta County may legally do the same by ordinance so long as its ordinance do[es] not conflict with State law.  As the Ordinance does not conflict with State law, it is not preempted. 

Coweta County’s brief is available on the pleadings page, complete with three news  articles about “sideline rage” filed with the court as exhibits to the brief, none of which appear to mention any examples of licensed carriers displaying or discharging firearms.

GCO will file its reply brief shortly, and it will be made available here.

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