The U.S. Court of Appeals for the 11th Circuit has affirmed the dismissal of GCO’s lawsuit challenging the state residency requirement for weapons carry license applicants. The court said the GCO member, Regis Goyke, is free to bring the case again after he applies for a license. The court’s brief opinion can be found here.
Archive for the 'No issuing of Non-Resident GFL' Category
GCO and GCO member Regis Goyke have filed a brief in the 11th Circuit Court of Appeals in their federal lawsuit seeking to overturn Georgia’s ban on issuing GFLs to non-residents. The case was dismissed by Senior U.S. District Judge Clarence Cooper on the grounds that GCO and Goyke did not have standing to bring the case. The appellate brief, as well as the briefs in the district court, may be viewed here.
GCO and member Regis Goyke have filed an appeal of the dismissal of their case by Atlanta federal judge Clarence Cooper. The case challenges Georgia’s law prohibiting non-residents from receiving GFLs. The notice of appeal and other documents may be viewed here.
A federal court in Atlanta has denied GCO’s motion for reconsideration in a case challenging Georgia’s law prohibiting issuing GFLs to non-residents.Â In March 2009, Senior United States District Judge Clarence Cooper dismissed GCO member Regis Goyke’s lawsuit, saying Goyke had no standing to bring his case.Â Goyke, a Wisconsin resident, had challenged his inability to apply for and obtain a GFL, saying that he qualified for one in all respects but his state of residency.Â GCO, on behalf of its other non-resident members, brought the case with Goyke.Â On March 29, 2010, Cooper denied Goyke’s and GCO’s motion for reconsideration, clearing the way for the dismissal of the case to be appealed if the plaintiffs elect to do so.Â Documents in the case may be viewed here.
Fulton County Probate Judge Pinkie Toomer has filed a brief opposing GCO’s motion for reconsideration of the dismissal of GCO’s federal lawsuit against her.Â GCO has filed a reply brief as well.Â The case arose when GCO member Regis Goyke, a Wisconsin resident, asked if he could apply for a GFL, and was told he could not (he later attempted to apply at not one, but two Fulton County Probate Court offices, and was not permitted to apply or even take an application form).Â The briefs may be viewed here.
GCO has asked the federal district court in Atlanta to reconsider the dismissal GCO’s challenge over non-residents not being permitted to apply for GFLs.Â As grounds for the request, GCO points out that the court incorrectly determined that probate judges may not delegate their duties (multiple statutes specfically authorize it), and improperly ignored allegations stated in GCO’s complaint (which courts are required to accept as true when considering motions to dismiss).Â Documents in the case may be viewed here.
GCO has responded to Fulton County Probate Judge Pinkie Toomer’s second motion to dismiss the class action against her regarding the prohibition against nonresidents’ obtaining GFLs.Â The federal case seeks class certification against all probate judges in Georgia (GCO’s motion for class certification is pending).Â The first motion to dismiss was made moot by GCO’s amended complaint, but Judge Toomer refused to withdraw it.Â Last week, the federal court denied the first motion as moot.Â The documents in the case may be viewed here.
A federal judge has denied Fulton County Probate Judge Pinkie Toomer’s first motion to dismiss GCO’s lawsuit challenging the Georgia statute prohibiting issuing GFLs to nonresidents. The motion, based on the original complaint, was dismissed as moot. Still pending is the second motion to dismiss. The judge’s order may be viewed here.
Fulton County Probate Judge Pinkie Toomer has filed a second motion to dismiss GCO’s class action against all probate judges in Georgia over the state law prohibiting non-residents from obtaining GFLs.Â U.S. District Judge Clarence Cooper has yet to rule on the first motion to dismiss.Â Both motions may be viewed here.
GCO has filed a reply in support of its motion for class certification in its nonresident GFL case.Â The case, filed in U.S. District Court for the Northern District of Georgia, seeks to overturn Georgia’s ban on issuing GFLs to nonresidents of Georgia.Â GCO asked to make the case a class action against all probate judges in the state of Georgia.Â The named defendant (and putative class representative), the probate judge of Fulton County, opposes the class, saying the case is “not necessary.Â GCO’s brief, and other documents in the case, can be read here.