GCO has filed a brief as an “amicus curiae” (friend of the court) in the 9th Circuit case of Nesbitt v. U.S. Army Corps of Engineers. In the case, the U.S. District Court in Idaho ruled that the Corps’ ban on carrying loaded firearms on Corps property violates the Second Amendment, and the Corps appealed. Briefs in the case may be found here.
Archive for the 'News' Category
In the face of GCO’s pending motion for an interlocutory injunction, the City of Roswell has agreed to stop searching visitors to the police department. The metal detector has been removed from the lobby. In addition, Roswell has agreed to reimburse GCO for its costs of bringing a lawsuit to force this resolution, and to pay for GCO’s attorney’s fees.
The U.S. Court of Appeals for the 11th Circuit has affirmed the denial of a preliminary injunction in GCO’s case against the U.S. Army Corps of Engineers. The opinion may be read here.
HB492 was signed into law on May 6, 2015. HB492 will become law on July 1, 2015.
HB492 is the result of the Courts, Judges, AGGC and GCO getting together and agreeing on changes that needed to be done after the passage of HB60 last session. Here are the changes:
1) Clarifies that government buildings are off limits only to those who do not hold a valid GWL
2) Clarifies that carrying within 150′ of a polling place is off limits ONLY when an election is taking place.
3) Clarifies that the Probate Judge cannot require a fingerprint background check when the holder has a valid GWL, regardless of the county the GWL was issued. (The Judges were requiring a background check for any license that was not originally issued in their county. This practice will stop upon this bill being signed and the effective date reached.)
4) Allows for school systems to decide punishment for any weapon carried to school by a student with the exception of firearms, dangerous weapons or machine guns or unless weapons defined as such in 16-11-127.1 are used in an assault.
5) Sets the date a GWL can be renewed to 90 days before and 30 days after expiration. The license can be renewed anytime during that 4 months.
6) Defined “Armed Forces” for the purpose of 16-11-129.
7) Sets the procedure for a State or Superior Court to notify the Probate Court when a GWL holder is convicted of any crime that would disqualify the holder from holding a license.
8) Requires the Probate Court to notify GCIC immediately or no later than ten days of any license holder who is involuntarily committed to a mental institution.
9) Clarifies the procedure for the State or Superior Courts to determine the validity of a GWL.
10) Added “political subdivision and school district” to the list of those who cannot institute gun control laws.
11) Changed the definition of weapon in 16-11-173 from the same meaning in 16-11-127.1 to “means any device designed or intended to be used, or capable of being used, for offense or defense, including but not limited to firearms, bladed devices, clubs, electric stun devices, and defense sprays.”
As you can see, there are several good items in this bill. Please take time to contact Governor Deal and the bill’s sponsors and thank them for eliminating these ambiguities in the law.
The Court of Appeals of Georgia has dismissed a GCO member’s lawsuit against officers that arrested him for refusing to prove his identity. The opinion may be found here.
GCO has filed comments in the ATF proposal to ban popular M855 (“green tip” 5.56) ammunition. The comments can be viewed here.
We want to thank all members who contacted the House Public Safety and Homeland Security Committee about HB186. After some late night negotiations Representative Ed Setzler and others made the necessary changes to HB186 that allows GeorgiaCarry.Org to support HB186. HB186 has now been assigned to the House Public Safety and Homeland Security Subcommittee “A”, chaired by Representative Rick Jasperse. We will keep you informed of any future movements and/or changes should any be added to the bill as well as the date and time of the next hearing. When that hearing is held, that will be the time for anyone to speak for or against the bill. If the bill is recommended do pass by the Subcommittee, you cannot be assured that anyone will be allowed to speak for or against the bill in the full committee hearing.
Chairman Alan Powell requested we tell all our members thank you for reminding them that second amendment advocacy groups are alive and well. He was very pleased to receive your kind emails reminding him of your passionate belief in the second amendment. Many of you responded and did so in true GCO form and impressed the members of the committee.
We want to make sure you know and understand that Representatives Ed Setzler, (R-35), Micah Gravely, (R-67) and Emory Dunahoo, (R-30), the bill sponsors and most of the members of the House Public Safety and Homeland Security Committee are true second amendment supporters and meant no harm to the second amendment by offering this bill. All these men are passionate second amendment supporters that can be counted on to support your rights to keep and bear arms.
One of the things that we know about this bill was that it was taken from last year’s HB826. Much of it was copied and the reason for both bills (HB826 and HB186) was/is to put common sense into the zero tolerance policy and allow schools more leeway when a student is found to accidentally be in possession of a knife longer than 2″ or other “now defined weapon” and not force the schools to call law enforcement and have the student arrested on a felony charge. Everyone believes that to be wrong and the elimination of zero tolerance per se is a valid and noble undertaking.
However, when one copies anything there are many things that can go amiss. One such example is that of HB186 in its original form. What was originally in this bill was also in HB826 but did not receive any attention because in the exemptions a valid GWL holder was exempted and did not put undue burden on the lawful firearm carrier. With that provision removed, it became a criminal action to everyone with or without a valid GWL and therefore had to be stopped. This is where the members of GCO came into the picture and did a fine job of accomplishing that task.
For those who contacted their representatives, now would be a good time to follow up with a thank you note for listening to our objections and not allowing our right to keep and bear arms to be further infringed.
Again, thank each of you for contacting your representatives and helping get this bill turned around.
We need all members and friends who are pro gun to contact members of the House Public Safety and Homeland Security Committee NOW!
GeorgiaCarry.Org strongly opposes HB186!!! HB186 (here) – Crimes and offenses; carrying weapons within certain school safety zones and at school functions; change provisions
HB186 is sponsored by Representative Ed Seltzer, (R-35) and cosigned by Representative Micah Gravely, (R-67) and Representative Emory Dunahoo, (R30).
This bill does several things that contribute to gun control legislation and will strip your right to carry on campus.
As you are aware, HB826 last year decriminalized campus carry and was signed into law one day prior to HB60. The Governor and General Assembly believe that signing the bills in that order means that HB60 overrode the school carry provision allowed in HB826. That would be true if the bills were in conflict and the bills were irreconcilable. GCO not only believes these bills were not in conflict, but have been told so by judges that they are not in conflict.
We filed lawsuits in several counties that were dismissed because school boards have sovereign immunity and cannot be sued. The only judge to comment on the real issue of our case (Fulton County) agreed with us on the merits but dismissed the case on the sovereign immunity issue. Ruling is here – page 11 of 14, Balancing the Equities. We have been told that our lawsuit should be aimed at the General Assembly Code Revision Committee for not properly allowing the campus carry portion to be put in the Official Code of GA Annotated. We have filed suit against the Governor and the Code Revision Committee for that very reason.
And, HB186 would also criminalizes carrying in a private passenger motor vehicle carrying school children to or from school activities by a school employee. That not only means a teacher driving a student to an extra curricular (mock trial competition, band event, forensics or even athletics — though those usually involve buses), it means any school employee driving his or her child/children to school.
The committee members and office phone numbers.
Mack Jackson Member (404) 656-0314Rick Jasperse Member (404) 656-0188
Please contact the members listed above immediately!
GCO has filed a lawsuit against the City of Roswell for conducting metal detector searches of everyone who enters the police department and prohibiting people from carrying weapons not prohibited by state law (i.e., pocket knives and certain firearms). The complaint, which seeks declaratory and injunctive relief, may be found here.
The U.S. Court of Appeals for the 11th Circuit has ordered oral argument for GCO’s appeal of the denial of a preliminary injunction in its case against the Corps of Engineers for March 19, 2015. The argument will be in Courtroom 339, 56 Forsyth Street in Atlanta. Arguments begin at 9 a.m. and are open to the public. GCO’s case is second on the docket.