The 11th Circuit Court of Appeals has ordered Deputy Brian Kabler to respond to GCO’s petition for rehearing in an illegal detention case. The case arose when a GCO member was pulled over in McIntosh County by Deputy Kabler to see if the member had a GWL. GCO filed the case in Superior Court of McIntosh County and Kabler removed it to federal court. The U.S. District Court for the Southern District of Georgia dismissed the case, ruling that Kabler had qualified immunity. The 11th Circuit affirmed, ruling that Kabler had immunity against claims for damages and that GCO’s claims for prospective relief were moot because HB 60 prohibits detaining a person to see if he has a GWL. GCO petitioned for rehearing on the grounds that the federal courts lose jurisdiction if a case is moot, and have to remand a removed case back to the state court in which it originated (rather than dismiss it). The 11th Circuit has ordered Kabler to respond to GCO’s petition. The documents may be viewed here.
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GCO has asked the 11th Circuit Court of Appeals to reconsider its ruling affirming the dismissal of GCO’s claims for declaratory and injunctive relief in an illegal detention case. GCO originally filed the case in McIntosh County Superior Court, and the sheriff’s deputy defendant removed it to federal court. The 11th Circuit has ruled that because of the change in law brought about by HB 60, GCO no longer has standing to sue in federal court. GCO points out in its petition for hearing that a federal court is obligated to remand a removed case back to state court if the federal court loses jurisdiction to hear the case. The documents may be viewed here.
The 11th Circuit Court of Appeals affirmed the U.S. District Court for the Southern District of Georgia’s ruling dismissing GCO’s lawsuit against a McIntosh County deputy for detaining a GCO member to see if the member had a GWL. In affirming the dismissal, the 11th Circuit noted that with HB 60′s passage, there no longer is any reason for a LEO to detain a person to see if the person has a GWL, thus “clearly establishing” the law for any future cases that may arise. The opinion may be found here.
GCO has filed a lawsuit against Richmond County Sheriff Richard Roundtree for regulating sales of used firearms. The sheriff has been enforcing a county ordinance that imposes a 10-day waiting period on sales of used goods to include firearms dealers, even just interstate FFL transfers. A copy of the complaint and a brief in support of an interlocutory injunction may be found here.
Yet another case has been filed to determine if HB 826 actually means what it says and decriminalizes carrying in schools for people with GWLs. In this case, Phillip Evans has sued the Gwinnett County Public Schools. Case documents may be found here.
The U.S. District Court for the Northern District of Georgia has denied the Corps of Engineers’ motion to dismiss GCO’s complaint challenging the Corps’ ban on guns on Corps property. The Court stayed any further proceedings in the case until after the 11th Circuit disposes of GCO’s appeal of the denial of a motion for a preliminary injunction. Documents in the case can be found here.
In a case where GCO is not a party, but supports the position taken by the plaintiff, a man is suing the Fulton County Schools over his right to carry a gun on school property with a GWL in the wake of HB 826. The documents may be viewed here.
In response to GCO’s inquiry about the state Teacher Retirement System’s policy prohibiting guns in the parking lots of its facility, TRS revised its policy. Guns no longer are purportedly banned outside the building.
GCO has filed a notice of appeal in its case against the U.S. Army Corps of Engineers over the Corps’ ban on guns on Corps property. The U.S. District Court for the Northern District of Georgia denied GCO’s motion for a preliminary injunction. GCO is appealing that denial.
In GCO’s case against the U.S. Army Corps of Engineers’ ban on carrying firearms on their property, the United States District Court for the Northern District of Georgia, Judge Harold Murphy presiding, has denied GCO’s motion for a preliminary injunction. In ruling on the motion, Judge Murphy said that Corps property is a “sensitive place,” and that the Corps’ regulation does not burden the Second Amendment right. The order may be found here.