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.
Archive for the 'News' Category
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.
GCO has filed a reply to the Corps of Engineers’ brief opposing GCO’s motion for a preliminary injunction in the case challenging the Corps’ ban on guns on Corps property. In addition, GCO has filed a motion for a default against the Corps for failing to respond to the complaint on a timely basis. Those documents may be viewed here.
In the wake of HB 60, GCO has learned that various state and local governmental entities are illegally regulating the carrying of weapons in locations around the state. As they are discovered, GCO has been contacting the agencies involved and asked them to stop their practices or face litigation. Agencies and their practices contacted so far:
State MVD (Motor Vehicle Division) — searches all who enter and bans all knives and guns
State Teacher Retirement System — bans guns throughout property, including parking lots
City of Commerce — contemplating banning guns in recreation facilities
City of Roswell — bans all weapons in police department
GCO reminds state agencies and local governments that they may not regulate weapons at all, and even for those facilities that actually qualify as government buildings, state law still does not prohibit knives with blades shorter than 5 inches, handguns with barrels longer than 12 inches, long guns with barrels shorter than 18 inches, and any firearms of caliber less than .46 centimeters. Government entities that violate the state preemption law will not be tolerated.