The State Court of Clayton County has issued a directed verdict of acquittal in a case where a GWL holder was charged with carrying a gun to a gun show. The state charged Jeff Leising with carrying in an unauthorized location, criminal trespass, and reckless conduct based on allegations that Leising, a GWL holder, carried a loaded gun while at a Gun Runners show at the state Farmers Market in Forest Park. After the state rested in the jury trial on the case, Lesing moved for a directed verdict on all counts. After discussion with counsel, the judge agreed that under the evidence introduced, Leising could not be convicted. Included in the court’s ruling were a couple noteworthy findings, including 1) a GWL holder can carry in a government building, even if there is security screening, unless he is notified he fails to clear security and fails to leave.; and 2) private entities leasing public property have no power to ban GWL holders from carrying firearms on the property. A transcript of the directed verdict portion of the trial may be found here.
GeorgiaCarry.Org is Georgia's No-compromise
Voice For Gun Owners.
The Second Amendment to the Bill of Rights doesn't just apply in certain locations or to special people favored by the government. The right of the people to keep and bear arms applies everywhere and to all of us without qualification. "Shall not be infringed" means SHALL NOT BE INFRINGED.
Prior to July 1, 2008, the State of Georgia had many restrictions on where and how a law abiding citizen could carry a firearm. Coupled with a law so vaguely and poorly written that determining where one could legally carry was extremely difficult, many citizens never bothered to obtain a Georgia Firearm License to exercise their rights.
GeorgiaCarry.Org was incorporated on February 9, 2007 and from the beginning, we have fought against the powerful interests who seek to burden the exercise of our second amendment rights. Our first action was to sue Georgia's Probate Judges to force them to follow the law. We sued them to force them to issue license within a certain time frame as opposed to issuing them when they so desired. We also took them to court to remove their requirement of applicants to supply their Social Security numbers and employment information in order to obtain a license. Next, we took on Cities and Counties to force them to repeal their local gun bans, in violation of Georgia's Preemption Law (OCGA 16-11-173).
Working with Georgia State Senator John Douglas (R17) and State Rep. Tim Bearden (R68) in 2008, we began the process of expanding the number of places Firearms Licensees can carry, including restaurants that serve alcohol, public transit and parks. GCO filed an Amicus Brief in the Heller v. DC court case documenting the racist origins and intent of gun control.
In 2009, working with Senator Mitch Seabaugh, we took yet another step in restoring our 2A rights. In 2010, SB308, Senator Seabaugh's "Common Sense" gun bill was passed in the General Assembly and signed into law on June 6, 2010 by Governor Sonny Perdue. The signing of SB308 repealed Georgia's 140 year old Public Gathering statute, expanded the number of places a license holder could carry and expanded the number of people qualified to get a license by removing the life time prohibitions for misdemeanor marijuana possession convictions.
Much more needs to be done and GeorgiaCarry.Org will not stop until our nation's forefather's promise of "shall not be infringed" is achieved. If you share our belief that the Second Amendment doesn't have an asterisk, then join us in the fight for our Liberty.
GCO has filed its opening brief in its appeal of the denial of a preliminary injunction in its case against the Corps of Engineers at Lake Allatoona. The brief may be found here.
GCO has filed an “amicus curiae” brief in the Supreme Court of Georgia, supporting a criminal defendant who shot and wounded a man allegedly attacking the shooter’s son. The shooter is charged with aggravated assault and other crimes associated with the shooting. He had filed a motion for immunity on self defense grounds. The motion was denied on the grounds that there were disputes of fact and the state needed to do more investigation. The shooter appealed to the court of appeals, which dismissed the appeal on the grounds that it should not have taken the case in the first place. The shooter now is asking the Supreme Court of Georgia to take his case. GCO is not taking a position in the man’s defense, but is taking the position that anyone who moves for immunity is entitled to a meaningful hearing at which the trial court makes findings of fact and conclusions of law. GCO’s brief may be found here.
A Fulton County Superior Court judge has dismissed a GCO member’s case for a declaratory judgment that HB 826 allows GWL holders to carry in schools. In the order, however, the judge agreed that the member has the better argument on the merits, and that HB 826 and HB 60 are not irreconcilably conflicted. The order may be found here.
Floyd County Superior Court Judge Walter Matthews has denied GCO’s motion for an interlocutory injunction in the case against the county for banning guns at the Floyd County Airport and at the Wings Over North Georgia airshow. The order denying the injunction can be found here.
Saturday September 26, 2014, at the Second Amendment Foundation Gun Rights Policy Conference in Chicago, IL, GeorgiaCarry.Org was honored with the Outstanding Grassroots Organization Award. This award is awarded each year to the organization that is felt to have accomplished the most towards restoring Second Amendment rights as well as the organization that had the most national impact.
Unfortunately, due to the arson in the Aurora, IL control tower that shut down Chicago’s airports, no one from GCO was available to accept the award. GCO Vice President John Monroe, GCO Executive Director, Jerry Henry and long time GCO Member and host of Armed American Radio, Mark Walters were registered to attend the conference but were unable to get out of Atlanta until the conference was over.
This is a wonderful way to begin to wind up 2014, an unbelievable year for GCO. As you know we have received a tremendous amount of national and international news media and now we have an award from a National Gun Rights Group, the Second Amendment Foundation.
Some of the organizations we were judged against – Virginia Citizens Defense League, Oregon Firearms Federation, New Jersey Second Amendment society, Buckeye Firearms Association, Florida Carry, Gun Owners of Utah, Montana Shooting Sports Association, and Wisconsin Carry to name just a few are very strong and well established and winning an award of this nature took a tremendous effort.
This is all a reflection of the dedication of you, our members in making this all possible. Without you, the members who make your influence known at the General Assembly, none of this would have happened. The Board of Directors, the Officers of GCO and your Executive Director extend our thanks to you for making our jobs easier and very rewarding. It is truly a pleasure to serve the members of this great organization.
Congratulations to State Representative Rick Jasperse, GCO’s Legislator of the Year 2014. Representative Jasperse was recognized by the Second Amendment Foundation as their Legislator of the Year for 2014 for his dedication and hard work on HB60.
This is the first time that GCO’s Legislator of the Year has received national recognition for his work in Georgia and with GeorgiaCarry.Org.
This is a well deserved award for Rick.
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.
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.
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.