In order to settle a GCO lawsuit against Athens-Clarke County, the county has agreed to repeal an ordinance giving the city power to close gun stores in an emergency and prohibiting firearms in establishments that are licensed to sell alcohol.  The mayor and commission are scheduled to consider the repeal at their August 5 meeting.

The Superior Court of Athens-Clarke County has issued an injunction against Athens-Clarke County, prohibiting the county from enforcing its ban on carrying guns in county parks. The temporary injunction was consented to by the county as it contemplates repeal of its ordinance in light of the Court of Appeals Opinion that a similar ordinance in Coweta County is preempted by state law. Here’s the injunction.

While Athens Clarke County consolidated government fights in court to maintain its ban on peaceable citizens possessing firearms in its parks, a man walking to his car near Bishop park was attacked by four men using a crowbar.

GCO has filed an amendment to its complaint against Athens-Clarke County and its ban on carrying in parks. The amended complaint adds additional claims, including civil rights violations. The amended complaint may be viewed here.

GCO and Athens have been called to court by the judge presiding over the lawsuit challenging the Athens Clarke County preempted ordinance banning guns from its parks.  In the wake of the Georgia Court of Appeals ruling holding that the “plain language” of the state preemption statute bans local governments from regulating “in any manner” the “carrying” of firearms, Judge Jones set a hearing for January 4, 2008.

The Athens Banner Herald ran an article this morning announcing the news.

The Georgia Court of Appeals ruled against Coweta County on Dec. 4 in a similar challenge filed by GeorgiaCarry.org, a Fayetteville-based group that advocates more freedom for gun owners. A three-judge panel unanimously overturned a June Coweta County Superior Court decision upholding the Coweta County law.

The appeals court decision sets a statewide precedent, but Athens-Clarke Attorney Bill Berryman said he thinks Coweta officials may ask the appeals court to reconsider its decision or ask the state Supreme Court to issue a final ruling.

. . .

GeorgiaCarry.org asked Athens-Clarke officials in November to lift its ban on guns in parks on behalf of Donald Walker, a retired Athens police officer. The organization says state law prohibits cities and counties from restricting where people can carry guns.

In most of the dozen communities where GeorgiaCarry.org has challenged gun restrictions, officials decided to ditch the law. But Athens-Clarke Mayor Heidi Davison and commissioners decided to fight the year-old group’s efforts to overturn the law in Athens.

Since GCO’s victory in the Georgia Court of Appeals, it has been difficult keeping up with posting the news articles. Here are several from the last few days.

Court of Appeals Rejects County’s Firearms Ordinance?Fayette Citizen, December 6, 2007

Coweta Ruling Bodes Ill for Ban on Guns in Parks Athens Banner Herald, December 7, 2007

Thompson: Looking at the World through a Gun Sight?Athens Banner Herald, December 9, 2007 – In this opinion piece, Thompson implies that we are all paranoid and delusional for thinking that we might be the victim of a criminal attack in a park.??Thompson states, “GeorgiaCarry.org, a gun-rights group claiming several hundred members, is working – successfully, as it turns out – to force its sad vision of how people should have to live on a number of communities, including Athens-Clarke County.” Forcing our vision?? I thought it was the gun banners who wanted to put people in jail for carrying firearms?in parks. Is anybody proposing jailing people for not carrying a firearm?? Which side is “forcing” its vision on the other?

Athens-Clarke County has filed their answer in to GCO’s complaint regarding their ban of firearms in parks. Their answer is basically that the ban is a proper exercise of their legislative powers under GA’s constitution. They deny everything in relation to Georgia’s law preempting cities and counties from banning the transport of firearms. Their answer can be viewed here.

Athens-Clarke County has refused to repeal its ban on carrying in county parks, according to a letter from the county attorney to GCO’s attorney.  The county also disagrees that its ban is preempted by state law.  GCO has filed a lawsuit against the county, seeking a declaration that the ordinance is illegal and an injunction prohibiting the county from enforcing its ordinance.  The county attorney’s letter and GCO’s complaint can be viewed here:

http://www.georgiacarry.com/athens_clarke_parks

GCO has written the attorney for Athens-Clarke County, asking him to recommend to the Mayor and Commission that they repeal their ordinance banning possession of firearms in parks.  A copy of the letter may be viewed here:

http://www.georgiacarry.com/athens_clarke_parks/Athens-Clarke County Attorney 9-14-07.pdf