Archive for the 'Fulton County and Cities Preemption' Category

Roswell Denies Banning Guns in Parks

Friday, September 21st, 2007

The City of Roswell has answered GCO’s complaint filed in Fulton County Superior Court, in which GCO seeks to have Roswell’s parks carry ban ruled illegal. Roswell denies having a parks carry ban, and denies that its ordinance reads as it currently is posted on LexisNexis, Roswell’s online code publication agent. Roswell’s answer may be viewed here: of Roswell.pdf


Johns Creek Expected to Repeal

Friday, September 7th, 2007

According to an article this week in the Johns Creek Herald, the city of Johns Creek has agreed to comply with state preemption law and repeal the gun ban from its parks and recreation ordinance.  Due to assurances GCO recieved prior to filing suit,  Johns Creek was not included in GCO’s recent Fulton County lawsuit.  “‘We told [GCO] the dates we would be able to get it in front of council, so I guess he believed that we would follow through with what we said we would do, which is what we’re doing,’ said City Attorney Bill Riley.”  The amendment has already had its first reading before the council, and it is expected to be approved at the September 10 meeting.

The story does have one rather drastic factual error by the journalists, Caron Cooper and Jason Wright.  It states that the city’s “prohibition is directly in conflict with Georgia law that allows anyone to carry guns into parks.” (emphasis added).  No, our intrepid reporters, state law criminalizes the carry of a firearms by anybody, anywhere, without a firearms license.  A Georgia firearms license is issued only to applicants with clean criminal records and then only after intensive state and federal background checks, fingerprinting, and a finding of “good moral character” by the county probate judge.  Excluded from eligibility are all felons, some misdemeanants (including violent misdemeanors and domestic violence convictions), anybody with any misdemeanor drug conviction (no matter how long ago), those who have received in patient alcohol or mental health treatment within the past 5 years, and those who are in the country illegally.  Please see O.C.G.A. 16-11-129(b).


Milton in News

Friday, September 7th, 2007

An August 23, 2007 news article in the Milton Herald chronicled the repeal of Milton’s preempted gun ban.

 At a special called City Council meeting Aug. 23, Milton’s elected officials voted unanimously to change the city’s parks and recreation ordinance to allow citizens to carry guns into public parks.

The move was a pre-emptive strike against a lawsuit filed Aug. 16 in Fulton County Superior Court by Fayetteville-based, a lobby group dedicated to gun ownership rights. . . .

The city attorney, Mark Scott, stated that ”we’re taking care of it.”  The article properly notes that state law prohibits possessing firearms at public gatherings, such as sporting events.  The vote for repeal of the gun ban was unanimous.

 The reporter, Jason Wright, does make the claim that now “anybody” can legally carry a gun into a city park, which is demonstrably untrue.   A small percentage of the population with clean criminal backgrounds and firearms licenses are legally able to carry in city parks.


Milton Repeals Parks Ban, GCO Moves to Drop Milton From Case

Sunday, August 26th, 2007

On the same day it was served with a summons and complaint from GCO for refusing to repeal an ordinance banning the carry of firearms in its parks, the City of Milton repealed its ordinance.  GCO has filed a motion to drop Milton from the case, in which Fulton County and the cities of Roswell, Sandy Springs, Atlanta, East Point, and Union City will remain as defendants.  The letter from Milton’s attorney notifying GCO of its vote, and GCO’s motion, can be viewed here:


Johns Creek Agrees to Repeal Parks Ban Ordinance

Wednesday, August 22nd, 2007

The attorney for the City of Johns Creek has agreed to repeal the city’s ordinance banning carry of firearms in parks, upon urging from GCO.  The letter can be viewed here: from Johns Creek Attorney.pdf


GCO Sues Fulton County, Cities For Parks Carry Bans

Thursday, August 16th, 2007

GCO has filed a complaint in Fulton County Superior Court against Fulton County and six municipalities in the county.  The lawsuit seeks to have the seven entities’ ordinances banning carry of firearms in parks overturned.  The six cities are Milton, Roswell, Sandy Springs, Atlanta, Union City, and East Point.  The complaint may be viewed here:


GCO Urges Fulton Governments to Repeal Parks Bans

Friday, July 20th, 2007

GCO attorneys have contacted the attorneys for the cities in Fulton County (and Fulton County itself) that have ordinances restricting the carry of firearms, urging a repeal of those restrictions.  Local governments are preempted by state law from regulating firearms, with three very narrow exceptions that do not apply in these cases.  The letters may be viewed here: to Fulton Attorneys.pdf