Archive for the 'News' Category

Floyd Airport Hearing Set for October 8

Sunday, September 28th, 2014

Floyd County Superior Court Chief Judge Walter Matthews has scheduled a hearing on October 8 at 9 a.m. in the Floyd County Courthouse in GCO’s case challenging Floyd County’s ban of guns at the Floyd County airport. The purpose of the hearing is to determine if the court will issue an interlocutory injunction to prohibit enforcement of the gun ban while the case is pending. The Wings Over North Georgia airshow will be held at the airport on October 18 and 19. The hearing will be at the Floyd County Courthouse at 3 Government Plaza in Rome.

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GCO Sues Floyd County and Chief Deputy for Gun Ban at Floyd County Airport

Tuesday, September 23rd, 2014

GCO has filed a lawsuit seeking a declaration that Floyd County’s ordinance banning guns at the county airport is preempted by state law. Also named as a defendant is the Chief Deputy of the Floyd County Sheriff’s office, who told a GCO member that it was a waste of time to try to explain to the member why it was lawful for the Sheriff to ban guns at the Wings Over North Georgia airshow, and emphatically stating that the ban would be enforced. A copy of the Complaint may be found here.

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11th Circuit Orders Response to Petition for Rehearing in Detention Case

Monday, September 15th, 2014

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 Seeks Remand in Illegal Traffic Stop Case

Friday, September 5th, 2014

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.

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11th Circuit Rules No Reason to Detain for Carrying

Saturday, August 30th, 2014

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.

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GCO Sues Richmond Sheriff for Regulating Gun Sales

Wednesday, August 27th, 2014

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.

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Man Sues Gwinnett Schools Over School Carry

Wednesday, August 27th, 2014

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.

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Court Denies Motion to Dismiss Corps Case; Stays Further Proceedings

Wednesday, August 27th, 2014

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.

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Man Sues Fulton County Schools Over HB 826

Tuesday, August 26th, 2014

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.

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TRS Revises Policy in Response to GCO Inquiry

Wednesday, August 20th, 2014

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.

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