Archive for the 'Action Items' Category

Dekalb Chief Answers Fingerprint Delay Complaint

Wednesday, September 14th, 2011

Dekalb County Police Chief William O’Brien has filed an answer to GCO’s lawsuit in which GCO complaints that the department takes longer than 30 days to process background checks for GWLs. In his answer, Chief O’Brien denies every allegation in the complaint except that he is the police chief. He even denies that he is responsible for the department. A copy of the answer may be viewed here.

GCO Supplements Church Carry Reply

Monday, July 11th, 2011

GCO has alerted the Clerk of the U.S. Court of Appeals for the 11th Circuit of the recent ruling in the 7th Circuit, which held that law-abiding citizens are entitled to a higher standard of review for Second Amendment cases than intermediate scrutiny. GCO had argued that very point in its reply brief in its Church Carry Case. The 7th Circuit now has adopted GCO’s very argument. Federal Appellate rules permit a party to write a letter to the clerk of the appellate court to advise the court of new court decisions that are pertinent to the case. GCO’s letter may be viewed here.

GCO Sues Dekalb Police Over Fingerprinting Delays

Wednesday, June 29th, 2011

GCO has filed a petition for writ of mandamus in the Superior Court of Dekalb County against Dekalb Police Chief William O’Brien, over the department’s consistent several-weeks delays in fingerprinting GWL applicants. GCO has been working with the department for over a year, attempting to negotiate a resolution to this issue. The department has failed to respond to GCO’s communications since January. A copy of the complaint may be viewed here.

Oral Argument In Church Carry Case

Friday, June 17th, 2011

The United States Court of Appeals for the Eleventh Circuit has announced that it will hear oral arguments in GCO’s church carry case. The case challenges the state law banning carrying firearms in places of worship. The case was dismissed by federal judge C. Ashley Royal, who determined that there is not a second amendment right to carry firearms in church and that the free exercise clause of the first amendment is not implicated by the ban. The state had objected to oral argument, but the court has ordered it over the state’s objection. Argument will take place in Atlanta the first week of October, with a firm date to be announced in early August.

GCO Files Reply in Church Carry Case

Wednesday, May 4th, 2011

Today, GCO filed its reply brief in the U.S. Court of Appeals for the 11th Circuit in its case challenging the constitutionality of the state ban on carrying firearms in places of worship. The court announced yesterday that it desires to hear oral arguments of the appeal. No date has been set, but it likely will be in the fall. Briefs in the case may be viewed here.

State Responds in Church Carry Appeal

Thursday, April 28th, 2011

The State of Georgia and other appellees have responded to GCO’s appeal in GCO’s case challenging the state ban on carrying firearms in places of worship. The briefs may be viewed here.

GCO Files Appeal in Church Carry Case

Friday, March 18th, 2011

GCO has filed its opening brief in the appeal of the dismissal of its case challenging Georgia’s ban on carrying firearms in places of worship. The brief and other documents in the case may be viewed here.

GCO Asks Paulding County to Stop Detaining Armed Citizens

Friday, March 18th, 2011

GCO attorney John Monroe wrote a letter to Paulding County Attorney Jayson Phillips to reconsider his conclusion that Paulding deputies may detain anyone seen carrying a firearm for the sole purpose of determining if they have GWLs. The discussion follows an email from GCO member Robbie Massie, who complained to Phillips when a deputy detained Massie when Massie was riding a bike on the Silver Comet Trail while openly carrying. Phillips told Massie that there is reasonable articulable suspicion to detain an armed citizen for the purpose of checking to see if the citizen has a GWL or is a fugitive from justice. A copy of the letter may be viewed here.

11th Circuit Affirms Dismissal of Non-resident Case

Friday, February 11th, 2011

The U.S. Court of Appeals for the 11th Circuit has affirmed the dismissal of GCO’s lawsuit challenging the state residency requirement for weapons carry license applicants. The court said the GCO member, Regis Goyke, is free to bring the case again after he applies for a license. The court’s brief opinion can be found here.

GCO Appeals Church Carry Case

Wednesday, January 26th, 2011

GCO has filed an appeal of the dismissal of its case challenging Georgia’s ban on carrying firearms in places of worship.