GCO: Atlanta plans to announce the arresting of any carry within the law tomorrow - Page 4

mulle46 · July 1st, 2008, 08:15 PM

Sgt D, I agree with both of your points. A couple of other things struck me about the CNN video though. 1.Why would a person with a CCW not have the permit on them if they are carrying? 2. If the person is carrying concealed, how would the police know to even approach that person? 3. If the police do find someone who is legally CCW but somehow forgot their permit, why would they arrest and or seize their weapon? I understand detaining the person until their CCW status is confirmed, but arrest and seizure? OMO

DaveH · July 1st, 2008, 09:28 PM

See: Airport gun showdown moves to courts | ajc.com

UPDATED: 5:51 p.m. July 01, 2008

Airport gun showdown moves to courts

Lawmaker won't bring weapon today; will rely on court case to challenge ban

Quote:

By JIM THARPE
The Atlanta Journal-Constitution

Published on: 07/01/08

Guns were the issue. But words and federal lawsuits became the weapons of choice Tuesday as Atlanta officials declared Hartsfield-Jackson International Airport a "gun-free zone," and gun advocates immediately retaliated by suing them.

<SNIP>

braindonor · July 1st, 2008, 09:34 PM

Always carry, never tell, and oh yeah carry the permit too. That video was a waste of time, except the reaction of the black woman who was interviewed. That is not an illogical reaction from a sheep. So.......NEVER TELL, ALWAYS CARRY, no problem.

P7fanatic · July 2nd, 2008, 12:14 AM

Quote:

Originally Posted by DaveH

Lawmaker won't bring weapon today; will rely on court case to challenge ban

I thought it would have been cool if the Rep. had gone to the airport carrying while being escorted/flanked by the local Sheriff and a State LEO. Then you could have had the Sheriff and the State LEO arrest the airport cop if he had violated state law by arresting the Representative lawmaker.

Showdown

cop2b · July 2nd, 2008, 11:14 AM

I am planning a trip later today to Atlanta and I have a TN permit. Anything I need to know before I unknowingly break the law? I know TN has reciprocity agreement with GA and Alabama so I'm good there.

packinnova · July 2nd, 2008, 11:34 AM

I'm still trying to figure out all this lawsuit nonsense we always have to go through. What happens if we break the law? We get nice shiny bracelets and sent to jail right? Instead of just filing lawsuits:

Find yourself a law abiding LEO.
Go with LEO to the place where the Dingbats threatened to violate law.
Exercise your rights.
Have the Mayor arrested for violating the law.

Enough of this lawsuit crap.
No one is above the law. That includes Mayors that violate it. Arrest the buggers.

whyipackmy45 · July 2nd, 2008, 12:27 PM

Quote:

Originally Posted by braindonor

NEVER TELL, ALWAYS CARRY, no problem.

If you end up needing your gun, the law will be irrelevant.

tried by 12 > carried by 6

Moga · July 2nd, 2008, 12:44 PM

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

mzmtg · July 2nd, 2008, 12:47 PM

The complaint has been posted on the GCO Web Site

rmodel65 · July 2nd, 2008, 04:46 PM

Quote:

Originally Posted by cop2b

I am planning a trip later today to Atlanta and I have a TN permit. Anything I need to know before I unknowingly break the law? I know TN has reciprocity agreement with GA and Alabama so I'm good there.

here you go Welcome to GeorgiaPacking.org it has the updated law along with case law and attorney general decision all of the statutes are available in plain english and legalese

July 1st, 2008, 08:15 PM	#31
mulle46 Member Join Date: Dec 2007 Location: NJ Posts: 431	Sgt D, I agree with both of your points. A couple of other things struck me about the CNN video though. 1.Why would a person with a CCW not have the permit on them if they are carrying? 2. If the person is carrying concealed, how would the police know to even approach that person? 3. If the police do find someone who is legally CCW but somehow forgot their permit, why would they arrest and or seize their weapon? I understand detaining the person until their CCW status is confirmed, but arrest and seizure? OMO __________________ You gain strength, courage, and confidence by every experience in which you really stop to look fear in the face. You are able to say to yourself, "I have lived through this horror. I can take the next thing that comes along." . . . You must do the thing you think you cannot do. Eleanor Roosevelt

July 2nd, 2008, 12:44 PM	#38
Moga Member Join Date: Mar 2006 Location: Atlanta Posts: 176	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 __________________ Dont believe OBAMA: http://www.nraila.org/OBAMA/ They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety. -Benjamin Franklin, 1759. Proud Member of GeorgiaCarry.Org

July 2nd, 2008, 12:47 PM	#39
mzmtg Member Join Date: Aug 2005 Location: Acworth, GA Posts: 469	The complaint has been posted on the GCO Web Site __________________ GeorgiaCarry.Org Member

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July 1st, 2008, 09:34 PM	#33
braindonor Member Join Date: Oct 2007 Location: Out west Posts: 116	Always carry, never tell, and oh yeah carry the permit too. That video was a waste of time, except the reaction of the black woman who was interviewed. That is not an illogical reaction from a sheep. So.......NEVER TELL, ALWAYS CARRY, no problem.

July 2nd, 2008, 11:14 AM	#35
cop2b Member Join Date: May 2008 Location: Tennessee Posts: 101	I am planning a trip later today to Atlanta and I have a TN permit. Anything I need to know before I unknowingly break the law? I know TN has reciprocity agreement with GA and Alabama so I'm good there.