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.
Archive for the 'Action Items' Category
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.
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.
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.
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.
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.
The 11th Circuit Court of Appeals affirmed the U.S. District Court for the Southern District of Georgia’s ruling dismissing GCO’s lawsuit against a McIntosh County deputy for detaining a GCO member to see if the member had a GWL. In affirming the dismissal, the 11th Circuit noted that with HB 60’s passage, there no longer is any reason for a LEO to detain a person to see if the person has a GWL, thus “clearly establishing” the law for any future cases that may arise. The opinion may be found here.
The U.S. District Court for the Northern District of Georgia has denied the Corps of Engineers’ motion to dismiss GCO’s complaint challenging the Corps’ ban on guns on Corps property. The Court stayed any further proceedings in the case until after the 11th Circuit disposes of GCO’s appeal of the denial of a motion for a preliminary injunction. Documents in the case can be found here.
In GCO’s case against the U.S. Army Corps of Engineers’ ban on carrying firearms on their property, the United States District Court for the Northern District of Georgia, Judge Harold Murphy presiding, has denied GCO’s motion for a preliminary injunction. In ruling on the motion, Judge Murphy said that Corps property is a “sensitive place,” and that the Corps’ regulation does not burden the Second Amendment right. The order may be found here.
GCO has filed a reply to the Corps of Engineers’ brief opposing GCO’s motion for a preliminary injunction in the case challenging the Corps’ ban on guns on Corps property. In addition, GCO has filed a motion for a default against the Corps for failing to respond to the complaint on a timely basis. Those documents may be viewed here.