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Archive for July, 2008

GCO Members - Contact the DOI Before August 8!

Wednesday, July 30th, 2008

While we normally do not stray into national issues, this issue is of vital importance as Georgia includes 12 National Parks and 9 National Wildlife Refuges. The following message from David Yates is endorsed by the Board of GCO. Please act on it!

I am the owner of www.bighammer.net, and maintain the data collected by many of the petitioners to repeal the NPS ban on firearms at www.bighammer.net/timeline.html.

As you probably know, a few weeks back the Department of the Interior decided to “revive” the already ended comment period for the National Parks weapons regulations proposed change. The comment period on this regulation closes on August 8th, 2008.

VCDL, & the co-petitoners to amend the National Parks weapons regulations as well as many other pro rights groups are all working very hard to bring this change to reality. I am asking all of you to comment on the National Parks weapons regulations and get the word out to group members, friends and acquaintances. We need as many comments as we can get and we need them to be as consistent as possible. To that end, please, if you haven’t commented already do so by going to:

http://www.bighammer.net/timeline.html#05/01/08. I have suggested comments, a direct link to the regulation.gov comment form, links to the NPS admission that they can’t protect park visitors and much more. Or, go straight to regulation.gov -

http://www.regulations.gov/fdmspublic/component/main?main=SubmitComment&o=090000648053d497
Fill out your information and comment. PLEASE, whatever else you write copy the comments between the lines below. Our message needs to be consistent. The DOI Proposed regulation conditions National Parks & Wildlife Management Areas carry on whether it’s legal in the State parks or analogous state lands that the National Park is located in. The petitioners want that language stricken from the regulation to give the Parks a uniform law on firearms.

If you already commented, but didn’t use the language below, please amend your comments to add them. Finally, if you have friends or family who haven’t commented, please ask them to.

——————————————————————————
I support the proposed change to permit loaded firearms / weapons in National Parks and Wildlife refuges but comment that the proposed regulation should be amended as follows:

Title 36–Parks, Forests, and Public Property
Amend § 2.4 by adding a new paragraph (h) to read as follows:
§ 2.4 Weapons, traps and nets.
* * * * *
(h) A person may possess, carry, and transport loaded, and operable firearms or other weapons within a national park area in the same manner, and to the same extent, that a person may lawfully possess, carry, and transport loaded and operable firearms or other weapons in the state in which the federal park, or that portion thereof, is located, provided that such possession, carrying and transporting otherwise complies with applicable federal and state law.

Title 50–Wildlife and Fisheries
Subpart D — Disturbing Violations: With Weapons
2. Amend § 27.42 by adding a new paragraph (e) to read as follows:
§ 27.42 Firearms.
* * * * *
(e) A person may possess, carry, and transport loaded, and operable firearms or other weapons within a national wildlife refuge in the same manner, and to the same extent, that a person may lawfully possess, carry, and transport loaded and operable firearms or other weapons in the state in which the federal wildlife refuge, or that portion thereof, is located, provided that such possession, carrying and transporting otherwise complies with applicable federal and state law.
——————————————————————————

Thank you very much.

Dave Yates

GCO Opposes Motion to Dismiss, Files Amended Complaint in Nonresident Case

Tuesday, July 29th, 2008

GCO has filed an amended complaint a brief opposing the defendant’s motion to dismiss in a class action against all the probate judges in the state over whether they may refuse to issue GFLs to nonresidents.  The federal district court has not yet certified the action as a class action, but GCO has filed a motion requesting such certification (see below).  The documents in the case may be viewed here.

Fulton Probate Judge Opposes Class Certification

Monday, July 28th, 2008

The judge of the Fulton County Probate Court has filed a brief opposing class certification in GCO’s case challenging the constitutionality of a state statute prohibiting GFLs to non-residents.  The brief may be read here.

GCO in AJC

Sunday, July 20th, 2008

Today (Sunday) the Atlanta Journal Constitution ran a feature article on GCO, complete with a picture of its President openly carrying a pistol in midtown Atlanta. The article is available online here. While not accurate in every detail (and the ambiguous quote from anti-gun activist Alice Johnson is simply puzzling), the article is the best press GCO has ever received from the AJC, and this report comes from the same newspaper whose editorial board called GCO’s agenda “dangerous” and “appalling” in August of 2007. Things are improving. Here is the best single sentence from the article. “Advocates for gun restrictions are anxious about the gains made by the group.”

One anti-gun activist is concerned about GCO’s lawsuits and the cost to the public treasury from GCO’s victories in court. GCO has a message for her and any recalcitrant government officials that may be reading, “Obey the law and stop infringing the right to bear arms.” Then the cost to the treasury would be zero.

Fulton Probate Judge Moves to Dismiss Class Action Against Her

Friday, July 18th, 2008

Judge Pinkie Toomer of the Fulton County Probate Court filed a motion to dismiss GCO’s class action against her, claiming the federal court lacks jurisdiction to hear the case.  A copy of the brief supporting her motion can be viewed here.

Henry County Probate Judge Seeks to File Late Response to Contempt Motion

Wednesday, July 16th, 2008

The judge of the Henry County Probate Court, against whom a GCO member had filed a motion to have her held in contempt (for continuing to violate the Privacy Act regarding social security numbers on GFL applications), has asked a federal court for permission to file a response to the motion more than two weeks after her response was due.  The motion for contempt, the probate judge’s motion for more time, and the GCO member’s response (along with earlier documents in the case) can be viewed here.

Judge Grants Atlanta’s Motion to Postpone Hearing

Thursday, July 10th, 2008

Federal District Judge Marvin Shoob granted the City of Atlanta’s motion to continue the hearing on GCO’s motion for a temporary restraining order or preliminary injunction.  The hearing now will be August 11, 2008 at 1:30 p.m.  The judge’s order may be viewed here.

GCO Files Motion to Certify Class in Nonresident GFL Case

Thursday, July 10th, 2008

GCO has filed a motion to certify the class in its case against the Fulton County probate judge over Georgia’s law requiring a GFL applicant to be a resident of Georgia.  If the judge certifies the class as requested, this case will be a class action against all probate judges in the state of Georgia, with the Fulton County judge acting as the class representative.  The brief in support of GCO’s motion may be viewed here.

GCO Responds to Atlanta’s Delay Request

Thursday, July 10th, 2008

Atlanta, in underhanded fashion, asked the Court to delay the hearing on whether it should enjoin Altanta from arresting innocent people while the case is pending, and asked the Judge to rule on the motion without hearing from GCO!  As a result, in lightning strike fashion, GCO filed a response that shines the light of truth on Atlanta’s request.

Airport Seeks Delay in Hearing

Wednesday, July 9th, 2008

The Airport and City of Atlanta have filed an emergency motion to delay the July 18 hearing scheduled for GCO’s motion for a preliminary injunction to prevent Atlanta from arresting people for carrying firearms at the Airport.  GCO has responded.  The motion, and response, may be viewed here.