Archive for the 'Action Items' Category

Court of Appeals Dismisses Mall Arrest Lawsuit

Monday, April 6th, 2015

The Court of Appeals of Georgia has dismissed a GCO member’s lawsuit against officers that arrested him for refusing to prove his identity. The opinion may be found here.

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GCO Files Comments On ATF’s Proposal to Ban M855 Ammunition

Wednesday, February 25th, 2015

GCO has filed comments in the ATF proposal to ban popular M855 (“green tip” 5.56) ammunition. The comments can be viewed here.

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GCO Sues Roswell Over Police Station Searches

Friday, February 13th, 2015

GCO has filed a lawsuit against the City of Roswell for conducting metal detector searches of everyone who enters the police department and prohibiting people from carrying weapons not prohibited by state law (i.e., pocket knives and certain firearms). The complaint, which seeks declaratory and injunctive relief, may be found here.

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GCO Sues Code Revision Commission, Governor Over HB 826

Tuesday, February 3rd, 2015

GCO has filed a lawsuit against the Code Revision Commission, its members, and the Governor for their failure to implement, publish, and give effect to the bulk of House Bill 826, which decriminalized carrying firearms in “school safety zones” for GWL holders. The suit seeks a writ of mandamus against the Code Revision Commission and its members, requiring them to publish in the Official Code of Georgia Annotated the complete enactment of the General Assembly in HB 826. It also seeks a declaration against the governor that it is not a crime for a GWL holder to carry a firearm within a school safety zone. A copy of the complaint may be found here.

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Florida Carry Files Amicus In Support of GCO Against Corps

Wednesday, November 12th, 2014

Florida Carry has filed an amicus curiae brief in support of GCO’s appeal to the 11th Circuit against the Corps of Engineers. The brief may be found here.

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GCO Files Brief in Corps of Engineers Appeal

Wednesday, November 5th, 2014

GCO has filed its opening brief in its appeal of the denial of a preliminary injunction in its case against the Corps of Engineers at Lake Allatoona. The brief may be found here.

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Floyd County Judge Denies GCO Injunction Request

Sunday, October 19th, 2014

Floyd County Superior Court Judge Walter Matthews has denied GCO’s motion for an interlocutory injunction in the case against the county for banning guns at the Floyd County Airport and at the Wings Over North Georgia airshow. The order denying the injunction can be found here.

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GCO Sues Floyd County and Chief Deputy for Gun Ban at Floyd County Airport

Tuesday, September 23rd, 2014

GCO has filed a lawsuit seeking a declaration that Floyd County’s ordinance banning guns at the county airport is preempted by state law. Also named as a defendant is the Chief Deputy of the Floyd County Sheriff’s office, who told a GCO member that it was a waste of time to try to explain to the member why it was lawful for the Sheriff to ban guns at the Wings Over North Georgia airshow, and emphatically stating that the ban would be enforced. A copy of the Complaint may be found here.

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11th Circuit Orders Response to Petition for Rehearing in Detention Case

Monday, September 15th, 2014

The 11th Circuit Court of Appeals has ordered Deputy Brian Kabler to respond to GCO’s petition for rehearing in an illegal detention case. The case arose when a GCO member was pulled over in McIntosh County by Deputy Kabler to see if the member had a GWL. GCO filed the case in Superior Court of McIntosh County and Kabler removed it to federal court. The U.S. District Court for the Southern District of Georgia dismissed the case, ruling that Kabler had qualified immunity. The 11th Circuit affirmed, ruling that Kabler had immunity against claims for damages and that GCO’s claims for prospective relief were moot because HB 60 prohibits detaining a person to see if he has a GWL. GCO petitioned for rehearing on the grounds that the federal courts lose jurisdiction if a case is moot, and have to remand a removed case back to the state court in which it originated (rather than dismiss it). The 11th Circuit has ordered Kabler to respond to GCO’s petition. The documents may be viewed here.

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GCO Seeks Remand in Illegal Traffic Stop Case

Friday, September 5th, 2014

GCO has asked the 11th Circuit Court of Appeals to reconsider its ruling affirming the dismissal of GCO’s claims for declaratory and injunctive relief in an illegal detention case. GCO originally filed the case in McIntosh County Superior Court, and the sheriff’s deputy defendant removed it to federal court. The 11th Circuit has ruled that because of the change in law brought about by HB 60, GCO no longer has standing to sue in federal court. GCO points out in its petition for hearing that a federal court is obligated to remand a removed case back to state court if the federal court loses jurisdiction to hear the case. The documents may be viewed here.

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