"GUN CITY USA" facing possible litigation!

This is a discussion on "GUN CITY USA" facing possible litigation! within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; http://www.georgiacarry.org/cms/2007...rks-carry-ban/ GCO Urges Kennesaw to Repeal Parks Carry Ban GCO has written the attorney, mayor, and council for the City of Kennesaw, urging them to ...

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Thread: "GUN CITY USA" facing possible litigation!

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    Senior Member Array mzmtg's Avatar
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    "GUN CITY USA" facing possible litigation!

    http://www.georgiacarry.org/cms/2007...rks-carry-ban/

    GCO Urges Kennesaw to Repeal Parks Carry Ban

    GCO has written the attorney, mayor, and council for the City of Kennesaw, urging them to repeal a ban on carrying firearms in city parks. Kennesaw is the city that requires heads of households to own a firearm and ammunition. The letter may be viewed here:

    http://www.georgiacarry.com/city/ken...y 07-23-07.pdf

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    Member Array Protect's Avatar
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    How is this a bad thing? they are trying to make it legal to carry in more places now that they are required to own guns.
    "When a man attempts to deal with me by force, I answer him—by force.
    "... No, I do not share his evil or sink to his concept of morality: I merely grant him his choice, destruction, the only destruction he had the right to choose: his own." -John Galt, Atlas Shrugged

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    Senior Member Array mzmtg's Avatar
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    Quote Originally Posted by Protect View Post
    How is this a bad thing? they are trying to make it legal to carry in more places now that they are required to own guns.
    It's not


    The town requires guns in households (sort of) yet has an illegal ban on carry in parks.

    That's the problem that GeorgiaCarry.Org (GA's premiere grassroots gun rights organization) is trying to fix.

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    Question

    I'm confused...how does the thread title relate to the post? Is this the "Gun City USA" in Nashville, TN?

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    Quote Originally Posted by falcon1 View Post
    I'm confused...how does the thread title relate to the post? Is this the "Gun City USA" in Nashville, TN?
    No, Kennesaw, GA...
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    Senior Member Array mzmtg's Avatar
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    Quote Originally Posted by falcon1 View Post
    I'm confused...how does the thread title relate to the post? Is this the "Gun City USA" in Nashville, TN?
    Kennesaw, GA has been referred to as "Gun City USA" in the recent media attention over their 20-something-year-old ordinance requiring the heads of households to own guns.

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    VIP Member Array peacefuljeffrey's Avatar
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    The big question on my mind is, "How, in a city like Kennesaw that MANDATES gun ownership, did they ever end up passing a law that banned carry in city parks?!"

    Kinda runs counter to the spirit of the place, doesn't it?

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    Quote Originally Posted by mzmtg View Post
    Kennesaw, GA has been referred to as "Gun City USA" in the recent media attention over their 20-something-year-old ordinance requiring the heads of households to own guns.
    Well, of course. Sorry, senior moment there....

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    Member Array ber950's Avatar
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    http://http://www.prweb.com/releases...rweb545972.htm

    Victory for GeorgiaCarry.Org Against Kennesaw, Georgia's Firearms Ordinance

    GeorgiaCarry.Org forces the City of Kennesaw, Georgia to repeal their ordinance banning the carrying of firearms in public recreation areas.

    Kennesaw, Georgia (IssuesWire/PRWEB ) August 11, 2007 -- GeorgiaCarry.Org, Inc. (GCO) received written notification late Tuesday evening from Kennesaw City Attorney Stuart Sims advising that a recommendation has been made to the Mayor and City Council to expediently repeal an ordinance adopted in violation of state law. The City of Kennesaw ordinance banning the carry of firearms in recreational areas within the city was in violation of a state law pre-empting counties and other municipalities from enacting legislation governing the carry of firearms.

    Ironically, Kennesaw garnered national media attention in 1982 after enacting legislation requiring the head of every household maintain a firearm together with ammunition. This legislation was slightly amended in 1983 creating an exemption for convicted felons and a select group of others from being required to comply.

    The Georgia State Constitution provides for the right to bear arms, however, it also dictates that the General Assembly shall maintain the ability to regulate that right. Under state law, it is prohibited for any county or municipality to enact legislation governing the carry of firearms within the State of Georgia.

    GCO President Ed Stone stated, "We're proud of the lawmakers for passing a preemption law to override local gun bans, and we believe it is important for Kennesaw and other cities to comply with that law. Georgians should not have to research the minutiae of local ordinances while visiting cities and counties throughout Georgia." As the city has complied with GCO's request, no formal litigation will be filed against the city. GCO does have similar litigation against Coweta County pending in the Georgia Court of Appeals.

    Georgiacarry.org (GCO) is Georgia's no-compromise voice for gun owners.

    GCO's mission is to restore the right to keep and bear arms in Georgia as it existed upon ratification of the Bill of Rights. GCO accomplishes this mission through litigation, public outreach and education, and networking with elected officials at the state and local level. GCO includes members from all parts of the state and walks of life.

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    Member Array craze's Avatar
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    It certainly is ironic that a city that took such a bold pro 2A stance as Kennesaw would have to be slapped down by a threat to sue based on violating state preemption law.
    "The very atmosphere of firearms anywhere and everywhere restrains evil interference - they deserve a place of honor with all that's good.
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    From today's Marietta Daily Journal .....

    Kennesaw lifts ban on guns in parks

    By Ashley Hungerford
    Marietta Daily Journal Staff Writer

    KENNESAW - The City Council on Monday reluctantly lifted a ban on firearms in public parks, but officials said they plan to lobby the state Legislature for more local control on firearms restrictions.

    To comply with a conflicting state law, the council unanimously approved repealing a section of Kennesaw's parks ordinance that altogether banned firearms in city parks.

    But officials voiced frustration as to not having the ability to simply restrict firearms use in parks for the safety of residents and children.

    "We should have a right to enact an ordinance or a law to protect the citizenry," Mayor Leonard Church said. "We're going to challenge this issued at the state. We feel like we should have a right to be more restrictive on some issues."

    The council's action came after Kennesaw City Attorney Fred Bentley Jr. received a July 23 four-page letter from GeorgiaCarry.org, an organization dedicated to preserving Georgia's right to keep and bear arms, asking the city to repeal the ordinance.

    GeorgiaCarry.org said Kennesaw's ordinance "is in violation of state law," citing a state statute, the state Constitution, case law and the opinion of the Georgia's attorney general.

    The parks ordinance in question, adopted Aug. 4, 2003, states, "it shall be unlawful to have in their possession any weapons or firearms including, but not limited to, handguns, rifles, air gun or any knife that could be used as a weapon."

    As suggested by Bentley and approved by the council, the new ordinance bans only knives that could be used as weapons and any other weapons excluding firearms.

    The council approved changing the ordinance after about a 20-minute executive session with Bentley to discuss legal issues. Afterward, the mayor and council asked Bentley to take steps necessary to challenge the issue at the state level.

    Bentley said the city would pursue the issue with the state Legislature, and he said by approving the law, the "state has done a tremendous disservice," to local governments and their ability to protect residents.

    Councilmen Mark Mathews said when the state enacted the law that prohibits local governments from regulating firearms possession, it left municipal governments no authority to be more restrictive for safety reasons.

    Mathews said he wants Kennesaw to join other cities that also are challenging the state statue.

    "We're not challenging the Second Amendment," Councilmen Bill Thrash said. "We're just trying to keep our area safe. We have to do what we have to do I guess."

    Church said the original ordinance, which was part of a package of parks and recreation rules, was approved in 2003 when the city took a stand to protect Kennesaw children in parks because of an incident in Forsyth County.

    He said the Legislature passed the conflicting state law in 2005 after the city of Atlanta threatened suit against firearms dealers.

    "We, as a body, did it for the safety of our children," Church said. "We want to protect our kids. It should be our right to do that."

    ahungerford@mdjonline.com

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    "it shall be unlawful to have in their possession any weapons or firearms including, but not limited to, handguns, rifles, air gun or any knife that could be used as a weapon."

    That sounds like it pretty well gets everything. I wonder if ball bats and walking canes would fall under the "...not limited to..." clause?

    Of course it's a moot point now.

    I'll never understand statements like this, "We're just trying to keep our area safe.". Have they been having problems with people carrying weapons into parks and using them illegally?

    I think the warped logic is that if they ban weapons, BGs can't/won't violate the law - HA!
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