In case anyone was wondering, the lawsuit filed yesterday by Tim Bearden and GeorgiaCarry.Org is in Federal court and it is a section 1983 action.
This is from the introduction of the actual complaint.
This action, under 42 U.S.C. § 1983, seeks a declaratory judgment that the threatened detention, search, arrest and prosecution by Defendants of people carrying firearms within the Hartsfield-Jackson Atlanta International Airport (“Airport”) violates the Fourth Amendment to the Constitution of the United States, the Militia Clause of the Constitution of the United States, the Second Amendment to the Constitution of the United States, and the Fourteenth Amendment to the Constitution of the United States, together with an appropriate injunction. Plaintiffs bring related state law claims that form the same controversy.
I've heard from some that were present when when the subpoenas were served that Ben DeCosta accepted his without a problem but Mayor Franklin, predictably, refused to accept her paperwork and walked away angrily. This was right after they'd convened a press conference at the airport announcing their intentions to arrest anyone carrying a gun in the non-sterile parts of the facility.
Here are the relevant sections from GA Code that both the plaintiff and defendants point to to support their respective positions.
Section 4 of HB89 revises 16-11-127(e) to read:
(e) A person licensed or permitted to carry a firearm by this part shall be permitted to carry such firearm, subject to the limitations of this part, in all parks, historic sites, and recreational areas, including all publicly owned buildings located in such parks, historic sites, and recreational areas and in wildlife management areas, notwithstanding Code Section 12-3-10, in wildlife management areas notwithstanding Code Section 27-3-1.1 and 27-3-6, and in public transportation notwithstanding Code Sections 16-12-122 through 16-12-127; provided, however, that a person shall not carry a firearm into a place prohibited by federal law.
Section 9 of HB89 states:
All laws and parts of laws in conflict with this Act are repealed.
Understand that publicly owned buildings are still off limits to GFL holders, except those places specifically mentioned by name in HB89 as exempt. This includes airports in the category of public transportation.
The Mayor's contention is that the Airport is a public building, and as such, is on the list of prohibited places for firearm holders to possess their weapons. Act 9 removes the conflict between the still-existent public buildings prohibition and what is stated in act 4. I think her counselors haven't formed a solid understanding of how all the pieces fit together to exempt all but the sterile parts of the airport from the PG clause.
Last but not least, let us not forget that Rep. Bearden is the author of HB89. I think he is the authority to whom a casual observer should defer when debating the legislative intent of the bill.
Reference:
http://www.legis.state.ga.us/legis/2...ltext/hb89.htm