GCO is commencing a lawsuit against Gwinnett County, for the county’s refusal to repeal its ordinance banning carry in county parks.  The complaint and previous letters to the County commision may be viewed here:

http://www.georgiacarry.com/county/gwinnett_parks

The Court of Appeals of Georgia has denied a GCO member’s motion for reconsideration of its decision that probate judges, though required to issue GFLs within 60 days of application, may wait indefinitely to issue GFLs.  The documents may be viewed here:

http://www.georgiacarry.com/moore

Judge Jack Kirby, Superior Court of Coweta County, issued yesterday (received today) an Order in the preemption lawsuit in Coweta County.  To read the Order, go to the Coweta preemption pleadings page.  GCO has already filed a Notice of Appeal.

A GCO member suing the state Department of Public Safety and the Carroll County Probate Judge has filed reply briefs in support of his motion for summary judgment, and a response to the state’s motion for summary judgment.  This case includes the issue of whether SSNs can be requested on GFL application forms.  The case was dismissed as moot last fall but reinstated in March by the 11th Circuit Court of Appeals.  The court now will decide again whether the case is moot.

The briefs may be viewed here: http://www.georgiacarry.com/camp

Not letting any grass grow under its feet, GCO filed its reply brief in support of its motion for summary judgment, pointing out that the text of the preemption statute most assuredly deprives Coweta of the ability to ban carry or possession.  GCO also pointed the court to the portion of the public gathering statute conspicuously omitted by Coweta County in its brief, “Nothing in this Code section shall otherwise prohibit the carrying of a firearm in any other public place by a person licensed or permitted to carry such firearm by this part.”  GCO’s reply brief is available here on the pleadings page.

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.