Coweta County is arguing that its ordinance is not preempted by state law, and its response to the Motion for Summary Judgment includes Coweta’s own cross motion for summary judgment, asking the court to rule in Coweta County’s favor.  In sum, the brief argues that the preemption statute applies only to sales or transfers of firearms, and not to possession or carrying of firearms, even though possession and carrying of firearms is expressly mentioned in the statute.

In addition, because the General Assembly passed a public gathering provision, Coweta County argues that it can pass its own regulations, too.

From the brief:

If the State may legally regulate the carry of firearms on publicly-owned properties, then Coweta County may legally do the same by ordinance so long as its ordinance do[es] not conflict with State law.  As the Ordinance does not conflict with State law, it is not preempted. 

Coweta County’s brief is available on the pleadings page, complete with three news  articles about “sideline rage” filed with the court as exhibits to the brief, none of which appear to mention any examples of licensed carriers displaying or discharging firearms.

GCO will file its reply brief shortly, and it will be made available here.

According to the Newnan Times Herald, Coweta County is filing a motion for summary judgment asking the court to declare its gun ban valid based on the argument that “because the county owns the parks [it] can therefore make rules regarding what goes on [on] its property.”  Let’s hope that Coweta County does not get any ideas regarding county roads and sidewalks!

The county maintains that it has the right to forbid guns in county parks because the county owns the parks and can therefore make rules regarding what goes on its property.

Both sides are filing cross motions for a summary judgment.

A copy of the county’s motion has yet to be received, but it will be available here once it arrives.

GCO filed an amendment to its Complaint today requesting its attorney fees on the basis of Coweta County’s bad faith, stubborn litigiousness, and putting plaintiffs to unecessary trouble and expense. View the amendment and all other files relating to this case here:

http://www.georgiacarry.com/county/coweta_parks

GCO has filed a motion for summary judgment in its case against Coweta County.  GCO is seeking a declaration that the county’s ordinance prohibiting carrying firearms in county parks is invalid, and an injunction preventing the county from enforcing the ordinance.  The brief in support of the motion can be viewed here:

http://www.georgiacarry.com/county/coweta_parks/Brief in Support of MSJ.pdf

The Fayette Citizen published an article on Fayette County’s proposed ordinance, complete with an interview with John Monroe, GCO Vice President, and a mention of the litigation in Coweta County.  The article is surprisingly well written.  Below is a short quote from the article.

When told about Fayette’s proposed ordinance, Georgiacarry.org’s attorney John Monroe was very succinct in his opinion.

“That ordinance would be pre-empted by state law,” he said.

Currently, Monroe said, he knows of eight counties in Georgia that have enacted similar ordinances. Two counties have voluntarily repealed the ordinance and the other counties are having discussions with the gun rights group. Currently, Coweta County is the only county involved in court litigation.

“There are only three areas local governments can regulate firearms: The carrying of weapons by employees, the requirement of ownership by the head of a household and the limiting of discharging firearms within its jurisdiction,” the attorney added.

In the lawsuit with Coweta County, Monroe is asking for the ordinance to be voided.

Please click on the link to read the entire article.

In response to the lawsuit filed by GCO, Coweta County has filed their response. They are claiming that Georgia Law does not preempt their ordinance banning firearms from parks. To read their answer, as well as the ordinance and the letters sent before filing this suit, go to: 

http://www.georgiacarry.com/county/coweta_parks/

GCO has filed a lawsuit against Coweta County to have its ordinance prohibiting carry in parks declared void and unenforceable.  After trying unsuccessful political and informal legal approaches for over 6 months, GCO had no alternative but to commence this litigation.  GCO and one of its members are the named plaintiffs in this case.  The complaint may be read at:

http://www.georgiacarry.com/county/coweta_parks/Coweta%20Complaint%20without%20exhibits.pdf

Coweta County’s gun ban made the front page of the local paper on Sunday morning. Link to article.

In response to previous letters, on October 31, 2006, Coweta County’s county attorney advised Coweta County to keep its ordinance banning firearms at “recreation facilities, sports fields, or any surrounding areas being property of the county.”  The county attorney even claimed that the pre-emption statute had been repealed!  A copy of the original letter, the county attorney’s opinion, and the GCO reply to the attorney are online, if you wish to click here for some entertaining reading.  Ed Stone, a Coweta resident, will be speaking to the Board of Commissioners this Thursday, December 7, 2006.  GCO urges all who can to attend, especially if you are a resident of Coweta County.  Although the meeting begins at 4:00 p.m., comments from the public are taken much later, so drop by even if you must arrive late.

As noted in the comments section, Coweta County responded swiftly to the initial letter requesting a repeal of their firearm ban ordinance by stating that the county attorney would review the issue.  After a month of receiving no response, however, the following correspondence was forwarded via email.

Honorable Paul Poole, 

Commissioner, Coweta County,

I am a constituent, and I am writing to follow up on my letter of August 25, 2006, pertaining to county ordinance 46-33(c), which makes it a crime punishable by up to six months confinement for anyone to possess or carry a firearm “on or about Coweta County recreation facilities, sports fields, or any surrounding areas being property of the county.”  As I pointed out in the letter, this ordinance violates Georgia’s pre-emption statute, O.C.G.A. 16-11-173, which allows counties only three types of ordinances regulating firearms, and none of the statutory exceptions apply to ordinance 46-33(c).  I was pleased to hear from your office by telephone four days later, on August 29, 2006, that my letter was being forwarded to the county attorney’s office for review and action.  Since, then, however, more than a month has passed, and I have heard nothing from either Mitch Powell’s office or yours. 

There are 159 counties statewide, but Coweta County is one of only 8 counties to have an ordinance purporting to ban firearms in county parks and recreational facilities in the face of a state pre-emption law.  Like the other 151 counties, I firmly believe Coweta County should be without such an ordinance.  This is a simple issue of complying with Georgia law. 

I would appreciate any assistance you could give in discovering the status of reviewing ordinance 46-33(c), and, as before, I stand ready to assist in any manner you or the county attorney might request.  My home phone number is (770)xxx-xxxx.  My work contact information is below.  Please feel free to contact me at your earliest convenience.