The Supreme Court of the United States is expected to consider GCO’s petition for certiorari in the church carry case on January 4, 2013. At a conference, the court decides whether to take a case. Conference decisions generally are reported the following Monday, or January 7.
Archive for the 'Action Items' Category
GCO has petitioned the Supreme Court of the United States to take an appeal of the so-called “church carry” case, in which GCO challenges a Georgia law banning carrying firearms in churches. GCO brought the case in the Superior Court of Upson County, Georgia, which removed the case to the U.S. District Court for the Middle District of Georgia. The federal court dismissed the case and the Eleventh Circuit Court of Appeals affirmed the dismissal. GCO now seeks to have the nation’s highest court review the decision. In the appeal, GCO asserts that the First Amendment’s “free exercise” clause prohibits states from banning activities in churches when such activities generally are permitted elsewhere in the state. The documents may be viewed here.
Federal District Judge Thomas Thrash granted GCO’s motion to intervene in the Rev. Markel Hutchins’ ill-conceived lawsuit against Georgia’s “Stand Your Ground” law on Friday, September 28, 2012. Judge Thrash also granted GCO’s second motion to dismiss the case on account of Rev. Hutchins’ failure to obtain service or process on either defendant, Attorney General Sam Olens and Gov. Nathan Deal. GCO’s first motion to dismiss (for failure to state a claim) therefore became moot. The documents may be read here.
GCO Attorney John Monroe wrote a letter to the Chehaw Park Authority in Albany, Georgia, asking the authority to stop banning people from possessing guns in the park. A copy of the letter may be viewed here.
GCO has filed a second motion to dismiss the Rev. Markel Hutchins’ attack on Georgia’s so-called “Stand Your Ground” law. In the federal lawsuit, Hutchins claims to be acting on behalf of all Georgians when he asks the court to rule Georgia’s law unconstitutional. GCO’s most recent motion points out to the court that Hutchins has failed, in the 120 days since Hutchins filed the lawsuit, to serve the complaint on either defendant (Gov. Nathan Deal and Attorney General Sams Olens). Federal rules require service on defendants within 120 days, unless the plaintiff can show good reason for the failure. Given that each defendant in this case can readily be served on any business day by merely showing up at their offices with the complaint, it is difficult to imagine that there is a good reason for Hutchins’ failure.
Hutchins also declined to respond to GCO’s first motion to dismiss, filed on the grounds that Hutchins lacks standing to sue. In order to invoke the jurisdiction of a federal court, a plaintiff must show that he has been injured and that such injury is particular to him. Hutchins claims no injury in his complaint, and claims to be acting on behalf of all Georgians — that is, he admits that any injury he has is common to all Georgians and not particular to him.
Both motions are before federal district judge Thomas Thrash. The second motion, along with other documents in the case, can be viewed here.
The U.S. Court of Appeals for the 11th Circuit dismissed GCO’s church carry case, ruling that states are unlimited in their ability to single out religion for disparate treatment as long as the state does not burden a sincerely-held religious belief. The court also ruled there is no Second Amendment right to carry a firearm on private property against the owner’s wishes (a position that GCO never advanced in the first place). The court implicitly ruled that the Second Amendment applies outside the home, which is encouraging. GCO will consider further action in this case. A copy of the Court’s opinion can be found here.
John Monroe was interviewed on the motion to dismiss the baseless lawsuit against Georgia’s Stand Your Ground law and debated Plaintiff’s council Robert Patillo on Channel 11′s 11Alive News at 7:00 PM on Monday April 23rd. The 11Alive video of the interview can be seen on 11Alive’s website here.
GCO has filed a motion to dismiss the case filed by Rev. Markel Hutchins to have Georgia’s so-called “stand your ground” law ruled unconstitutional. Yesterday, GCO moved to intervene as a party in the case, to represent the interests of its members. Today’s latest motion seeks to have the case dismissed on the grounds that Rev. Hutchins has no standing to sue to challenge the law. The brief in support of the motion to dismiss may be found here.
GCO has filed a motion to intervene in Rev. Markel Hutchins’ lawsuit against state officials challenging the constitutionality of the so-called “stand your ground” law in Georgia. GCO seeks to represent the interests of its members, who are not adequately represented by the existing parties in the case. The brief in support of the motion to intervene may be viewed here.
GCO has filed another supplemental letter brief in its appeal of the case against the church carry ban in Georgia. In this supplement, GCO points out to the court that a U.S. District Court in North Carolina has ruled that the Second Amendment applies outside the home and that strict scrutiny applies to laws burdening the Second Amendment rights of law-abiding citizens. The latest supplement may be viewed here.