Archive for the 'Action Items' Category

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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11th Circuit Rules No Reason to Detain for Carrying

Saturday, August 30th, 2014

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.

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Court Denies Motion to Dismiss Corps Case; Stays Further Proceedings

Wednesday, August 27th, 2014

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.

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Court Denies Injunction in Corps Case

Tuesday, August 19th, 2014

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.

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GCO Files Reply to Corps for Injunction and Motion for Default

Thursday, August 14th, 2014

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.

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GCO Files Motion for Preliminary Injunction in Corps Case

Saturday, June 14th, 2014

GCO has filed a motion for a preliminary injunction in its case against the U.S. Army Corps of Engineers. In the motion, GCO seeks to have the Corps enjoined from enforcing the ban on carrying on Corps property pending the outcome of the case. The brief in support of the motion and other documents may be viewed here.

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GCO Sues Corps of Engineers Over Right to Carry On Corps Property

Friday, June 13th, 2014

GCO filed a lawsuit late Thursday, June 12, against the Army Corps of Engineers for its refusal to allow GWL holders to carry on Corps property. The complaint can be found here.

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Federal Court Dismisses Rainbow PUSH “Stand Your Ground” Case

Monday, May 5th, 2014

Today, May 5, 2014, Federal District Judge Julie Carnes dismissed Jesse Jackson’s Rainbow/PUSH Coalition’s lawsuit against Governor Nathan Deal and Attorney General Sam Olens, seeking to have Georgia’s so-called “Stand Your Ground” law declared unconstitutional.

GCO had moved to intervene in the case and had filed two motions to dismiss the case. The plaintiffs failed to serve the defendants, and the attorney general also filed his own motion to dismiss based on this failure.

The court noted GCO’s participation in the case, but ultimately granted Olens’ motion. The court also noted the plaintiffs’ counsel’s pattern of filing such a case and never serving the defendants.

The documents in the case may be found here.

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GCO Sues Richmond County Probate Judge

Tuesday, February 11th, 2014

Harry B. James III, the probate judge of Richmond County, refuses to issue temporary GWLs upon request. GCO recently wrote Judge James, asking him to begin issuing temporaries. Judge James did not deem GCO worthy of a response, so GCO had no alternative but to sue Judge James for a writ of mandamus, ordering him to issue temporaries to eligible applicants. The letter and complaint may be found here.

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