Archive for the 'Action Items' Category

GCO Sues Columbus Officers For Arrest of Member at McDonald’s

Wednesday, June 12th, 2013

GCO has sued two City of Columbus police officers who arrested a member at McDonald’s in Columbus. The member was openly carrying while eating with his wife and children. The officers detained the member and asked for the member’s license. When the member declined to have his meal interrupted, the officers arrested the member for obstruction, trespassing, and disorderly conduct. All charges were dismissed without a trial. The complaint, filed in U.S. District Court for the Middle District of Georgia may be viewed here.

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GCO Moves to Intervene in Brady Case Against Nelson

Tuesday, June 11th, 2013

GCO has filed a motion to intervene in the Brady Campaign’s lawsuit against the City of Nelson that challenges Nelson’s ordinance requiring heads of households to maintain firearms. In support of its motion, GCO has filed a motion to dismiss the lawsuit. The documents may be viewed here.

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GCO and McIntosh Deputy File Cross-Motions for Summary Judgment

Friday, June 7th, 2013

GCO and McIntosh Sheriff’s Deputy Brian Kabler have each filed motions for summary judgment in GCO’s lawsuit against Kabler. The case arose out of Kabler’s traffic stop of a GCO member whom Kabler had seen at a convenience store wearing a handgun. Kabler stopped the member for the sole purpose of checking to see if the member had a GWL. The member, a Florida resident, had a Florida license, which Georgia recognizes. Documents in the case may be viewed here.

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GCO Challenges Carrollton Ordinances

Friday, June 7th, 2013

GCO has filed a lawsuit against the City of Carrollton, challenging city ordinances that ban carrying guns on the Greenbelt Trail and at parades. The complaint may be viewed here.

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SCOTUS to Consider Church Carry on January 4, 2013

Thursday, December 6th, 2012

The Supreme Court of the United States is expected to consider GCO’s petition for certiorari in the church carry case on January 4, 2013. At a conference, the court decides whether to take a case. Conference decisions generally are reported the following Monday, or January 7.

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GCO Petitions SCOTUS to Take Church Carry Case

Monday, October 15th, 2012

GCO has petitioned the Supreme Court of the United States to take an appeal of the so-called “church carry” case, in which GCO challenges a Georgia law banning carrying firearms in churches. GCO brought the case in the Superior Court of Upson County, Georgia, which removed the case to the U.S. District Court for the Middle District of Georgia. The federal court dismissed the case and the Eleventh Circuit Court of Appeals affirmed the dismissal. GCO now seeks to have the nation’s highest court review the decision. In the appeal, GCO asserts that the First Amendment’s “free exercise” clause prohibits states from banning activities in churches when such activities generally are permitted elsewhere in the state. The documents may be viewed here.

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Court Grants GCO’s Motion to Intervene in Stand Your Ground, Dismisses Case

Monday, October 1st, 2012

Federal District Judge Thomas Thrash granted GCO’s motion to intervene in the Rev. Markel Hutchins’ ill-conceived lawsuit against Georgia’s “Stand Your Ground” law on Friday, September 28, 2012. Judge Thrash also granted GCO’s second motion to dismiss the case on account of Rev. Hutchins’ failure to obtain service or process on either defendant, Attorney General Sam Olens and Gov. Nathan Deal. GCO’s first motion to dismiss (for failure to state a claim) therefore became moot. The documents may be read here.

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GCO Asks Chehaw Park Authority to Stop Banning Guns

Thursday, September 13th, 2012

GCO Attorney John Monroe wrote a letter to the Chehaw Park Authority in Albany, Georgia, asking the authority to stop banning people from possessing guns in the park. A copy of the letter may be viewed here.

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GCO Files Second Motion to Dismiss “Stand Your Ground” Challenge

Thursday, August 9th, 2012

GCO has filed a second motion to dismiss the Rev. Markel Hutchins’ attack on Georgia’s so-called “Stand Your Ground” law. In the federal lawsuit, Hutchins claims to be acting on behalf of all Georgians when he asks the court to rule Georgia’s law unconstitutional. GCO’s most recent motion points out to the court that Hutchins has failed, in the 120 days since Hutchins filed the lawsuit, to serve the complaint on either defendant (Gov. Nathan Deal and Attorney General Sams Olens). Federal rules require service on defendants within 120 days, unless the plaintiff can show good reason for the failure. Given that each defendant in this case can readily be served on any business day by merely showing up at their offices with the complaint, it is difficult to imagine that there is a good reason for Hutchins’ failure.

Hutchins also declined to respond to GCO’s first motion to dismiss, filed on the grounds that Hutchins lacks standing to sue. In order to invoke the jurisdiction of a federal court, a plaintiff must show that he has been injured and that such injury is particular to him. Hutchins claims no injury in his complaint, and claims to be acting on behalf of all Georgians — that is, he admits that any injury he has is common to all Georgians and not particular to him.

Both motions are before federal district judge Thomas Thrash. The second motion, along with other documents in the case, can be viewed here.

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11th Circuit Dismisses Church Carry Case

Tuesday, July 24th, 2012

The U.S. Court of Appeals for the 11th Circuit dismissed GCO’s church carry case, ruling that states are unlimited in their ability to single out religion for disparate treatment as long as the state does not burden a sincerely-held religious belief. The court also ruled there is no Second Amendment right to carry a firearm on private property against the owner’s wishes (a position that GCO never advanced in the first place). The court implicitly ruled that the Second Amendment applies outside the home, which is encouraging. GCO will consider further action in this case. A copy of the Court’s opinion can be found here.

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