Archive for the 'Fulton County and Cities Preemption' Category

Sandy Springs Responds to GCO’s Motion for Summary Judgment

Wednesday, April 16th, 2008

Sandy Springs has responded to GCO’s motion for summary judgment in GCO’s Superior Court of Fulton County lawsuit against several governmental entities in Fulton County for banning carry in parks.  Sandy Springs raises the same arguments already raised by others, including Roswell, East Point, and Atlanta.  A copy of Sandy Springs’ brief as well as all the others may be viewed here.

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Roswell Responds to GCO’s Motion for Summary Judgment

Monday, April 7th, 2008

In GCO’s continuing case against Fulton County governments for banning carrying firearms in their parks, Roswell has filed a response to GCO’s motion for summary judgment.  In its response, Roswell, relies primarily on the mootness arguments it raised in its motion to dismiss.  Roswell’s response may be viewed here.

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Fulton County and East Point Respond to GCO’s Motion for Summary Judgment

Thursday, April 3rd, 2008

Fulton County and the City of East Point have filed a joint response to GCO’s motion for summary judgment in GCO’s suit against those two (and other) defendants for having ordinances banning firearms in parks.  Both defendants argue that the case is moot because they no longer regulate carrying firearms in parks (although East Point conveniently fails to mention that it now regulates carrying firearms to public gatherings within the city).  The defendants’ brief, which contains their amended ordinances, may be viewed here.

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Fulton County Repeals Ban On Carrying in Parks

Thursday, April 3rd, 2008

In response to GCO’s suit against it, Fulton County has repealed its ban on carrying firearms in its parks.  A copy of the revised ordinance may be viewed here.

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Atlanta Responds to GCO’s Motion for Summary Judgment in Parks Ban Case

Wednesday, March 26th, 2008

The City of Atlanta has filed its response to GCO’s motion for summary judgment in a case in the Superior Court of Fulton County.  GCO is suing Atlanta and several other Fulton County entities over ordinances banning the carrying of firearms in parks.  In its response, Atlanta claims that its ordinance is a reasonable regulation on the discharge of firearms.  Atlanta also claims that its ordinance is consistent with Georgia’s public gathering law.  A copy of Atlanta’s response may be viewed here.

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GCO Settles Parks Ban Case With Union City

Monday, March 24th, 2008

GCO has settled its lawsuit in Fulton County Superior Court against Union City. GCO sued Fulton County and several municipalities in Fulton County that banned carrying firearms in their parks. Union City has repealed its ordinance and agreed to pay GCO its costs in bringing the lawsuit. Defendants remaining in the case are Fulton County and the cities of Atlanta, Roswell, Sandy Springs, and East Point.

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Fulton County May Repeal

Wednesday, March 12th, 2008

Fulton County is considering a new ordinance at its March 19, 2008 meeting.  The ordinance that currently bans guns and violates state preemption law is expected to be changed to:

Section 50-38.  Discharge of Firearms and Possession of Other Weapons Prohibited.
No person shall discharge within any Fulton County park or recreational facility any firearm as defined by O.C.G.A. § 16-11-171, including but not limited to rifles, pistols, shotguns, BB guns, or pellet guns. No person shall use or possess within any Fulton County park or recreational facility any bow and arrow, slingshot, or any other device (other than a firearm as defined above) capable of throwing any projectile of any sort, including the hand throwing of rocks or stones intended to be used as weapons.  This section shall not be operative in any specific area now designated or to be designated in the future as a rifle range, archery range, or any other specific area whose purpose is to allow the activities otherwise prohibited by this section.

GCO will continue to keep you informed of further developments.

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GCO Files Motion for Summary Judgment in Fulton Parks Ban Case

Friday, February 29th, 2008

GCO has filed a motion for summary judgment in the Superior Court of Fulton County in a case where Fulton County and several municipalities within the county have bans on carrying firearms in their parks.  Relying on clear legal precedent, including GCO’s win at the Court of Appeals in an identical case with Coweta County, GCO urges the court to rule in its favor without the necessity of a trial.  In other developments in the Fulton County case, GCO has filed responses to motions to dismiss the case filed by Roswell and Sandy Springs.  Those motions (to dismiss) will be heard April 4 at 2:30 in the Fulton County Justice Center Tower.  Documents in this case may be viewed here.

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Roswell Suspends Enforcement of Parks Ban in Wake of Court of Appeals’ Decision

Thursday, December 20th, 2007

Roswell City Attorney David Davidson is quoted in the Roswell Beacon as saying Roswell will suspend enforcement of its ban on carrying firearms in city parks, in deference to the Court of Appeals’ decision in GCO’s case against Coweta County. The Court of Appeals ruling is the rule of law in the state at this time and the city of Roswell will comply, Davidson said. The full article may be read here.

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Atlanta Seeks Stay in Parks Ban Case, GCO Responds

Thursday, November 8th, 2007

GCO filed a motion with the Fulton Superior Court asking the Court to stop the City of Atlanta and other defendants from enforcing their preempted ordinances and arresting people like you who are lawfully carrying firearms. The City of Atlanta filed a motion asking the Fulton County Superior Court to stay GCO’s lawsuit against Atlanta and five other Fulton entities for banning the carry of firearms in their parks. Atlanta wants the court to sit on the case until after the Court of Appeals rules in the Coweta County case, which means that Atlanta wants to delay the case and continue threatening arrest and prosecution of GCO members until the spring of 2008. GCO’s response to Atlanta’s motion, and other briefs in the case may be viewed here.

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