Thread: GCO Defeats Atlanta's "Little Bloomberg"!

Today GeorgiaCarry.org and its members dealt a significant defeat to Atlanta’s mayor Shirley Franklin. As the Judge stated, “During this “Law Month” where we celebrate the rule of law Atlanta will be bound by the law created by the General Assembly and explained by the Court of Appeals.”

GCO Attorney John Monroe delivered several arguments facing off against three skilled city attorneys, President Ed Stone at his side. The City of Sandy Springs filed a brief on the merits of its motions this morning. When the Judge took the bench she immediately recessed to take time to review the out-of-time explanation that Sandy Springs offered.

The hearing today revolved around motions for summary judgment. In this case all sides agreed there were no issues of fact only questions of law. With no facts in dispute the judge could rule summarily on the counter motions and decide the case today. The three remaining cities, Sandy Springs, Roswell, and Atlanta had ordinances which prohibited the possession of firearms in city or municipal parks. GCO argued that these ordinances were expressly prohibited by state law and cited Strum-Ruger a recent Court of Appeals case which affirmed that reading of the law.

The Judge began with admonishing GCO for failure to file certified copies of the errant statutes. This was in spite of the fact that each municipality (originally 7 in all) had filed briefs admitting to the statutes existence and citing the pertinent language. The Judge was quite openly looking for a technicality to dismiss all of GCO’s claims and make them re-file the case, hopefully with a different Judge. However, each of the three remaining cites waived the issue and admitted that they has stipulated to their ordinances, removing that opt-out from the Judge. All three cities waived questions as to standing. It was quite apparent that each city desired a ruling on the merits today and to not be pushed off any further. Mr. Monroe eloquently pointed out the grounds for standing and the reasons that certified copies of the statute had already been admitted to, but the Judge was persistent until boxed into a corner by opposing counsel on the matter.

Roswell and Sandy Springs took a unique argument which prevailed in the Judge’s eyes. They changed their statutes from prohibiting carry in parks to prohibit carrying in public gatherings mimicking state law 16-11-127. While GCO correctly argued that pre-emption is pre-emption , the Judge ruled that this change made the case moot.

The City of Atlanta refused to make any changes to its ordinance. They argued that it was their “public policy” to have this ordinance in force and that without it the citizens and law enforcement would be “endangered”. Atlanta believes that their express right to regulate the discharge of firearms implies the ability to ban guns. Certainly no discharge can occur if no gun is allowed. Even the judge who was sympathetic to their position became concerned at this point. “I’m bound by state statute and the court of appeals ruling” she said. “How can you reconcile your position with this case[ Coweta]?” The Atlanta City attorney was undaunted. We believe our position is obscure. But the regulation of discharge of firearms opens the door and allows a court to rule otherwise, in the interests of public safety. We want a Court to tell us otherwise. And they got their wish.

John Monroe with a flare of his nostrils and the same gleam in his eye a great white gets when there is fresh blood in the water seized the moment. “I’m dumbfounded, your honor, that they continue to take that position” said he. The statute is clear. The City of Atlanta refuses to even acknowledge the Coweta case, which they originally asked for a continuance to allow the Court of Appeals to rule on. It appears they were only willing to follow the court of Appeals ruling if it favored them. The General assembly sets the public policy in this arena, not the City of Atlanta. It was no surprise when the Judge enjoined Atlanta from enforcing their illegal ordinance.

Now, the only remaining questions are on Sandy Springs and Roswell’s new ordinances. Since they have ordinances which allow a person carry at a public gathering to be charged with a county ordinance instead of the state law, it is possible to carry at a public gathering there and plead to a less crime then a misdemeanor. Apparently the Judge and the cities do not want to see public gathering violators prosecuted to the fullest extent of the law. A very odd ending to an otherwise straight forward case.
-Doug King

Good job.

GCO----><----Atlanta...................................