Archive for the 'News' Category

Mullis Announces Plans to Sponsor Gun Bill

Tuesday, June 2nd, 2020
GeorgiaCarry.Org endorsed candidate for State Senate District 53, Sen. Jeff Mullis (R-Chickamauga) has announced plans to sponsor a strong pro-Second Amendment bill with the help of GCO.  Senator Mullis acknowledged that it has been several years since the legislature passed a gun bill and he expressed his desires to sponsor one.  He has indicated that he will ask GCO to help draft the legislation and advise him on the most pressing needs for Georgians’ rights to keep and bear arms.
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GeorgiaCarry.Org Endorsements for June 9, 2020 Primary Election

Saturday, May 30th, 2020
GeorgiaCarry.Org has endorsed the following candidates for the June 9 Primary:
State Senate Seats:
State Senate District 20 – Michael Caldwell
State Senate District 50 – Stacy Hall
State Senate District 53 – Jeff Mullis
State House Seats:
State Representative District 11 – Rick Jasperse
State Representative District 20 – Charlice Byrd
State Representative District 149 – Chris Steverson
US Representative District 14 – Kevin Cooke
Probate Court Judge Fulton County – Kenya Johnson
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SOME Probate Courts Reopening Today for Both Renewal & New Issue GWL

Thursday, May 14th, 2020

Although there is no official word on whether or not all of the Probate Courts are reopening, there are several counties who have said they will renew and issue new licenses starting today.  These are to be by APPOINTMENT ONLY and most have an online application they are asking you to fill out (except for signing) and bring with you to your appointment.

We are not sure when all Probate courts are going to begin issuing new and renewals.  If you are in need of either, please contact your Probate Court and ask.  If you find out that it is and not on the list below, please let us know.

You will need to check with you local Probate Court and determine if they are open and what process they will expect you to follow in order to apply.    As of this time, we know that the following Probate Courts are open today:

Barrow, Carroll, Chatham, Cherokee, Cobb, Coweta, Floyd, Hall, Houston, Laurens, Newton, Rabun, Walton and Worth will be accepting appointments as of May 14, 2020.  If you hear of others opening, please let us know and we will update the list.

Clayton County has told one of our members that they are setting up a mail in renewal system and that all instructions should be available on their website tomorrow, May 15, 2020.  If you live in Clayton County, call the Probate Court and ask for instructions.

Also, If your GWL is past renewal, here is what the Governor put in his Executive Order 05.08.20.01 about the extension of your GWL:

Now, THEREFORE, PURSUANT TO THE AFOREMENTIONED GEORGIA LAW, CODE SECTION 38-3-51, AND THE AUTHORITY VESTED IN ME AS THE GOVERNOR OF THE STATE OF GEORGIA, IT IS HEREBY

That the requirement under Code Section 16-11-129 that renewals of weapons carry licenses and renewal licenses must be applied for within thirty (30) days after the expiration of such licenses, is hereby suspended for weapons carry licenses and renewal licenses which expire between February 13, 2020 and June 12, 2020

IT IS FURTHER ORDERED

That applications for renewals of such weapons carry licenses and renewal licenses shall be considered to be for a renewal license if the holder of such weapons carry license or renewal license applies within 120 days after the expiration date on the face of license, and that if the Public Health State of Emergency is Extended, then this provision shall apply to any weapons carry license renewal license that expires during the Public Health State of Emergency

This is not what we originally asked for nor what we sued for but it is what we got.  Remember, it is getting closer to election time and it is at least some relief for some of us.  We will soon be able to stop carrying our AR 15s while wearing masks because we have no valid license as recommended by Federal Judge Steve Jones!

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GCO Files Third Suit Against Governor Kemp for Violations of Rights

Thursday, May 7th, 2020

Monday morning, May 4, 2020,  GeorgiaCarry.Org filed our third lawsuit against Governor Brian Kemp and the state of Georgia in the Superior Court of Union County.  The case is Elizabeth House & GeorgiaCarry.Org, Inc, vs BRIAN KEMP, individually and in his official capacity as Governor of the State of Georgia and Dwain Brackett, individually and in his official capacity as judge of the probate court of Union County in the below violations:

1) Violations of the right to keep and bear arms:
Article I, Sec. I, Par. VIII of the Georgia Constitution guarantee a right to keep and bear arms. By effectively preventing House from carrying a handgun outside her home, motor vehicle, or place of business, either openly or concealed, Kemp and Brackett are violating the Constitution of the State of Georgia
2) Violation of OCGA 16-11-129
By refusing to accept or process GWL applications, Brackett is violating O.C.G.A. § 16-11-129.
3) in Violation of due process.
Art. 1, §1, ¶1 of the Georgia Constitution prohibits deprivation of life, liberty, or property without due process of law. By requiring a GWL to carry a weapon and then refusing to accept or process applications for GWLs, Kemp and Brackett are depriving House of life, liberty, or property without due process under the Georgia Constitution.
The Details of the lawsuit can be found here.
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GCO Files Briefs in Carter vs. Kemp

Thursday, May 7th, 2020

Briefs have been filed in Carter vs Kemp.  Below link will take you to the following briefs:

Brief filed by the Governor to dismiss the case – 05/04/20

Brief filed by Probate Court Judge Pinkie Toomer to dismiss the case – 05/05/20

Brief filed by GCO in opposition to dismiss case against Pinkie Toomer – 05/06/20

All briefs can be found here.

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Federal Judge Denies Motion for TRO or PI in Carter Case

Wednesday, April 22nd, 2020

On Monday, April 20, 2020, a federal judge denied GeorgiaCarry.Org’s motion for a Temporary Restraining Order or Permanent Injunction in the Carter vs. Kemp case.  There are several steps available to us and we are discussing our next move.

In the meantime, we are still involved with two other cases of similar nature challenging the state’s right to trample ours.

The details of the denial can be found here.

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GCO Files Second Suit Against Governor Kemp for Violations of Rights

Tuesday, April 14th, 2020

Yesterday morning, April 13, 2020,  GeorgiaCarry.Org filed our second lawsuit against Governor Brian Kemp and the state of Georgia in the Superior Court of Hall County.  The case is Anna Cummings & GeorgiaCarry.Org, Inc, vs BRIAN KEMP, individually and in his official capacity as Governor of the State of Georgia and PATTY LAINE, individually and in her official capacity as judge of the probate court of Hall County in the below violations:

1) Violations of the right to keep and bear arms::
Article I, Sec. I, Par. VIII of the Georgia Constitution guarantee a right to keep and bear arms. By effectively preventing Cummings from carrying a handgun outside her home, motor vehicle, or place of business, either openly or concealed, Kemp and Laine are violating the Constitution of the State of Georgia
 
2) Violation of OCGA 16-11-129
By refusing to accept or process GWL applications, Laine is violating O.C.G.A. § 16-11-129.
 
3) in Violation of due process.
 
Art. 1, §1, ¶1 of the Georgia Constitution prohibits deprivation of life, liberty, or property without due process of law. By requiring a GWL to carry a weapon and then refusing to accept or process applications for GWLs, Kemp and Laine are depriving Cummings of life, liberty, or property without due process under the Georgia Constitution.
The Details of the lawsuit can be found here.
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GCO Files Suit Against Governor Kemp For Inability to Obtain a GWL

Friday, April 10th, 2020

GeorgiaCarry.Org has filed a lawsuit against Governor Brian Kemp and the Fulton County probate judge because the novel coronavirus has led state courts to suspend the issuance of GWL’s.

Sara Carter, a Fulton County resident, and gun-rights organization GeorgiaCarry.Org filed  lawsuit Thursday against Governor Brian Kemp and Fulton County Probate Judge Pinkie Toomer.

Carter’s attorney John Monroe said there are three factors working against each other resulting in his client’s constitutional rights being violated.

Monroe stated that “One state law says you can’t carry a weapon without a license, and the probate judges essentially created a law by saying ‘we’re not going to issue licenses.’ And, above all else, you’ve got the Second Amendment saying you have the right to carry a weapon. So all this needs to be addressed.”

Details of the lawsuit can be found here.

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Dougherty County Probate Judge Nancy Stephenson

Thursday, April 2nd, 2020
Longtime Dougherty County Probate Judge, Nancy Stephenson was a very good friend of GeorgiaCarry.Org who never failed to help when called upon.  She will be sorely missed by all.  Her husband has also tested positive for the virus and is self-quarantined. 
The news article announcing here death is below:

ALBANY, Ga. (WALB) – Dougherty County Probate Judge Nancy Stephenson died late Wednesday night.

“Judge Stephenson had tested positive for COVID-19 and yesterday, succumbed to complications as a result of it,” the Council of Probate Court Judges of Georgia said in a Facebook post.

Stephenson was Dougherty County probate judge for 27 years.

“Our Council sends our sincerest condolences to the family of our friend and colleague,” the Council of Probate Court Judges of Georgia wrote on Facebook.

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Letter to Chief Justice Melton

Friday, March 27th, 2020

JOHN R. MONROE

JOHN MONROE LAW, P.C.

                                                                              March 27, 2020

The Hon. Harold D. Melton, Chief Justice Supreme Court of Georgia
330 Capitol Avenue, SE
Atlanta, GA  30334

RE:  Constitutional Implication of Judicial Emergency

Dear Chief Justice Melton:

I hope my letter finds you well during these difficult times.

I am writing you regarding a constitutional issue that has arisen as an indirect result of your declaration of a judicial emergency.  As you know, Georgia law prohibits carrying a weapon outside one’s home, automobile, or place of business without a license.  O.C.G.A. § 16-11-126.  Handguns are defined to be weapons.  O.C.G.A. § 16-11-125.1.  The Supreme Court of the United States ruled in District of Columbia v. Heller that the Second Amendment protects a fundamental, individual right to keep and carry arms in case of confrontation, and that the handgun is the quintessential arm for self- defense in America.  Your Court ruled in Nunn v. State that any provision of law banning the carrying of handguns openly is unconstitutional and void.  I submit that the licensing requirement in Georgia normally only comports with our Constitutions because of the (prior to the emergency) relative ease and low cost of obtaining a license.

The Council of Probate Judges has determined, pursuant to your declaration, that the issuance of weapons carry licenses pursuant to O.C.G.A. § 16-11-129 is a non-essential function.  As a result, the probate judges around the state are neither accepting nor processing applications for licenses.  The probate judges have determined that your declaration automatically extends the expiration dates of licenses, so renewals of licenses is not an immediate issue.

On the other hand, a Georgian wishing to obtain a new license is unable to do so.  He is faced with a statute requiring a license to carry a handgun in public and a sheer impossibility of even applying for a license, let alone obtaining one.  Even though he has state and federal constitutional rights to carry a handgun in case of confrontation, Georgia has essentially banned him from doing so.  The de facto ban appears to conflict with the Second Amendment and Georgia’s constitutional analog (Art. I, Sec. I, Par.VIII).

I have considered a variety of possible solutions to the problem, and I keep returning to what appears to be the simplest, easiest, and most straightforward: suspend enforcement of O.C.G.A. § 1611-126 for the duration of the emergency.

There are several factors supporting the suspension.  First, it would hardly be novel in our federal system.  The large majority of states do not prohibit carrying a handgun openly without a license.  In fact, a large minority of states do not even prohibit carrying a handgun concealed without a license.  The system “works” in those states without any apparent issues.

Second, the crime of carrying a weapon without a license is only malum prohibitum.  There is no inherent evil in going armed.

Third, if a person commits a crime with a firearm, such as robbery or murder, he still would be fully criminally liable for those actions.

The risk to public safety is therefore low in suspending enforcement, and the risk of not suspending enforcement is ongoing violation of Georgians’ constitutional rights on a widespread basis.

I already have asked Gov. Kemp to use his emergency powers to suspend enforcement of O.C.G.A. § 16-11-126 for the duration of the emergency (a copy of the letter to Gov. Kemp is enclosed/attached for your convenience).  I have discussed the issue with the Governor’s office, but to date he has not acted on the request.  I am hopeful that if you join me in encouraging Gov. Kemp to act, we can address this problem and abate it quickly.

Thank you for your attention.  I would be happy to discuss this matter with you further.

Sincerely,

John R. Monroe

156 Robert Jones Road     Dawsonville, Georgia 30534

678 362 7650                            jrm@johnmonroelaw.com

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