GeorgiaCarry.org
Encyclopedia
GeorgiaCarry.org, is a state-level, grassroots guns-rights organization that is dedicated to preserving and protecting the rights of its members to keep and bear arms that are protected by the Second Amendment to the United States Constitution
Second Amendment to the United States Constitution
The Second Amendment to the United States Constitution is the part of the United States Bill of Rights that protects the right of the people to keep and bear arms. It was adopted on December 15, 1791, along with the rest of the Bill of Rights.In 2008 and 2010, the Supreme Court issued two Second...

 and Paragraph VIII of the Constitution of the State of Georgia. On its website, the organization describes itself as "Georgia's no-compromise voice for gun owners." The organization is also referred to as Georgia Carry in conversation and press coverage. It is a non-profit corporation organized under the laws of the State of Georgia.

It is engaged in activism such passing new legislation to affirm the rights of gun owners, such as Georgia House Bill 89 which was passed during the 2008 legislative session,http://www.ajc.com/metro/content/metro/stories/2008/05/14/bills_0515.html and litigating Second Amendment cases on the behalf of its members. It has recently been involved in litigation against the city of Atlanta regarding the carrying of firearms in non-secure areas of the Hartsfield-Jackson International Airport by citizens licensed to carry open and concealed firearms by the state.

As of March, 2009, GeorgiaCarry.org has about 4,000 dues paying members. It has brought at least 13 federal and state lawsuits as of July, 2008.

House Bill 615 (2009-2010)

Representative Timothy Bearden of the 68th, a GCO member, introduced HB 615 to the 2009-2010 session of the Georgia General Assembly. If passed the legislation would:
  • Repeal the public gathering law, that some believe to have its roots in the 1868 massacre at Camilla, Georgia
    Camilla, Georgia
    As of the census of 2000, there were 5,669 people, 1,994 households, and 1,405 families residing in the city. The population density was 929.4 people per square mile . There were 2,128 housing units at an average density of 348.9 per square mile...

  • Repeal the requirement to possess a license to carry a handgun openly, that was passed by the General Assembly following the Atlanta Race Riot of 1906. The open carry
    Open Carry
    In the United States, open carry is shorthand terminology for "openly carrying a firearm in public", as distinguished from concealed carry, where firearms cannot be seen by the casual observer....

     of a handgun without a license is generally lawful in twenty-four (24) states.
  • Repeal the prohibition of carrying a firearm on a college campus
  • Prohibit the seizure of privately owned firearms during a declared state of emergency

House Bill 89 (2007-2008)

GCO was instrumental in crafting the 2007-08 session HB 89, which was passed into law with the May 14, 2008, signature of Governor Sonny Perdue
Sonny Perdue
George Ervin "Sonny" Perdue III, was the 81st Governor of Georgia. Upon his inauguration in January 2003, he became the first Republican governor of Georgia since Benjamin F. Conley served during Reconstruction in the 1870s....

. The legislation made many changes to the laws of the State of Georgia with regards to the carry of firearms. As of July 1, 2008, changes were made to laws that governed the carry of firearms by both those with a Georgia Firearms License and those who do not possess a license to carry. (Unless otherwise noted, the text of the bill itself is the source for this section.)

For unlicensed persons, a man or women who is eligible for a Georgia Firearms License, but does not have one yet, can carry a firearm anywhere in his or her private motor vehicle. Previously a handgun could only be carried in the glovebox or center console. Among those who are enumerated as ineligible for a license are men and women who have not yet reached twenty-one (21) years of age and those who are not residents of the State of Georgia.

For licensed persons, a man or women who possess a Georgia Firearms License (or a recognized out-of-state carry license), the following locations became lawful for the carry of firearms:
  • A restaurant that derives more than fifty percent (50%) of its revenue from the sale of prepared meals or food
  • Georgia state parks, historic sites, recreational areas, and wild life management areas
  • Publicly-owned buildings within state parks, historic sites, recreational areas, and wild life management areas
  • Public transportation, including busses and trains
  • Publicly accessible parking lots without regard to a company policy against the carry of firearms by employees


For a man or women who holds the office of constable
Constable
A constable is a person holding a particular office, most commonly in law enforcement. The office of constable can vary significantly in different jurisdictions.-Etymology:...

, the law now permits the carry a firearm at school functions and on school property by added such persons to the exemption list in OCGA § 16-11-127.1.

The bill also created a new State felony offense for "Any person who attempts to solicit, persuade, encourage, or entice any dealer to transfer or otherwise convey a firearm other than to the actual buyer, as well as any other person who willfully and intentionally aids or abets such person". This section is said to have been designed to prohibit gun dealer entrapment schemes, such as those orchestrated by Mayor of New York City
Mayor of New York City
The Mayor of the City of New York is head of the executive branch of New York City's government. The mayor's office administers all city services, public property, police and fire protection, most public agencies, and enforces all city and state laws within New York City.The budget overseen by the...

 Michael Bloomberg
Michael Bloomberg
Michael Rubens Bloomberg is the current Mayor of New York City. With a net worth of $19.5 billion in 2011, he is also the 12th-richest person in the United States...

.

MARTA Case

GCO has sued the Metropolitan Atlanta Rapid Transit Authority
Metropolitan Atlanta Rapid Transit Authority
The Metropolitan Atlanta Rapid Transit Authority or MARTA is the principal rapid-transit system in the Atlanta metropolitan area and the ninth-largest in the United States. Formed in 1971 as strictly a bus system, MARTA operates a network of bus routes linked to a rapid transit system consisting...

 on behalf of Christopher Raissi, one of its members. It is claimed that Mr. Raissi's 4th amendment
Fourth Amendment to the United States Constitution
The Fourth Amendment to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause...

 and 14th amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...

 rights were violated by his 30 minute detention, at the Avondale station, by police for legally carrying a firearm. The lawsuit was filed in the United States District Court for the Northern District of Georgia, Atlanta Division.

On Monday, March 9, 2009, Senator John Douglas publicly, on the floor of the Georgia General Assembly
Georgia General Assembly
The Georgia General Assembly is the state legislature of the U.S. state of Georgia. It is bicameral, being composed of the Georgia House of Representatives and the Georgia Senate....

, took MARTA
Metropolitan Atlanta Rapid Transit Authority
The Metropolitan Atlanta Rapid Transit Authority or MARTA is the principal rapid-transit system in the Atlanta metropolitan area and the ninth-largest in the United States. Formed in 1971 as strictly a bus system, MARTA operates a network of bus routes linked to a rapid transit system consisting...

 to task regarding the agency's apparent difficulty coming to grips with the HB 89 statute. He expressed concern over detention of Christopher Raissi by five MARTA police officers and the agency's failure to respond to various open record requests regarding their policy changes in light of the 2008 changes to OCGA 16-11-127.

Zachary Nelson Mead v. Richmond County, GA, Sheriff

In December, 2008, GCO settled its 42 U.S.C. § 1983
Civil Rights Act of 1871
The Civil Rights Act of 1871, , enacted April 20, 1871, is a federal law in force in the United States. The Act was originally enacted a few years after the American Civil War, along with the 1870 Force Act. One of the chief reasons for its passage was to protect southern blacks from the Ku Klux...

 (Federal Civil Rights) lawsuit against Richmond County, Georgia
Richmond County, Georgia
Richmond County is a county located in the U.S. state of Georgia. It is one of the original counties of Georgia, created February 5, 1777. As of 2010, the population was 200,549. The 2007 Census Estimate showed a population of 199,486....

, Sheriff Strength. The order declared that the August 1, 2008, seizure, by Deputy Kadum Townsend, of Staff Sergeant
Staff Sergeant
Staff sergeant is a rank of non-commissioned officer used in several countries.The origin of the name is that they were part of the staff of a British army regiment and paid at that level rather than as a member of a battalion or company.-Australia:...

 Zachary Nelson Mead's openly carried pistol
Open Carry
In the United States, open carry is shorthand terminology for "openly carrying a firearm in public", as distinguished from concealed carry, where firearms cannot be seen by the casual observer....

 was a violation of the 4th amendment
Fourth Amendment to the United States Constitution
The Fourth Amendment to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause...

. The court awarded court costs and attorney fees to Staff Sergeant Mead and dismissed the remaining charges with prejudice

District of Columbia v. Heller

GeorgiaCarry.org, through its attorneys John R. Monroe and Edward A. Stone, submitted an amicus curiae brief to the United States Supreme Court regarding District of Columbia v. Heller
District of Columbia v. Heller
District of Columbia v. Heller, 554 U.S. 570 , was a landmark case in which the Supreme Court of the United States held that the Second Amendment to the United States Constitution protects an individual's right to possess a firearm for traditionally lawful purposes in federal enclaves, such as...

. The GCO brief's argument is summarized as:


The Petitioners recite a selective portion of the history of gun control laws in the District of Columbia, but omit portions of that history which demonstrate that the Petitioners’ laws are deeply rooted in a racist attempt to keep arms out of the hands of the politically and economically disadvantaged. This brief will explore the racist history of gun control in the District of Columbia and throughout the country. It also will show how the principles of black oppression via gun control laws of yesterday are used to oppress the politically weak today via those same, and additional, laws.


Dick Heller, the plaintiff in District of Columbia v. Heller
District of Columbia v. Heller
District of Columbia v. Heller, 554 U.S. 570 , was a landmark case in which the Supreme Court of the United States held that the Second Amendment to the United States Constitution protects an individual's right to possess a firearm for traditionally lawful purposes in federal enclaves, such as...

, in an interview with radio talk show host Mark Walters, said that the GCO brief really opened his mind that the nascence of Jim Crow laws as gun control in the South. He said that when talking with the press or testifying before the city council, he will be sure to bring up that Jim Crow is alive in Washington, D.C.

Georgia Court

GCO has proceeded against various county and city governments that have enacted or are enforcing gun regulations contrary to the State of Georgia's preemption law. The law specifies that "No county or municipal corporation, by zoning or by ordinance, resolution, or other enactment, shall regulate in any manner gun shows; the possession, ownership, transport, carrying, transfer, sale, purchase, licensing, or registration of firearms or components of firearms; firearms dealers; or dealers in firearms components".

City of Atlanta Park Gun Ban

Based on precedence set in the Coweta County case, GeorgiaCarry.org sued the City of Atlanta over Atlanta Ordinance ~ 110-66, which prohibited the carry of firearms in Atlanta parks. On May 9, 2008, Doris L. Downs, Chief Judge of the Fulton Superior Court, ordered that "The City of Atlanta is hereby ENJOINED from enforcing Atlanta Ordinance ~ 110-66 to the extent it prohibits the possession of firearms in city parks".

Coweta County Park Gun Ban

One of GCO's first court actions was a lawsuit against Coweta County's ban on firearms in parks. The organization lost the original case, but won on appeal. The Court of Appeals of Georgia reversed the lower court, ruling that "the county was prohibited from regulating carrying firearms 'in any manner' and that it was error for the lower court to have ruled otherwise".

Corporate Structure

Two related corporations share the same Fayetteville, Georgia
Fayetteville, Georgia
Fayetteville is a town in Fayette County, Georgia, United States. As of the 2010 census, the city had a population of 15,945. The city is the county seat of Fayette County. Fayetteville is located approximately 22 miles from the city of Atlanta....

, principle mailing address and key people according to records kept by the Corporations Division of the office of the Secretary of State of Georgia
Secretary of state of Georgia
The secretary of state of the U.S. state of Georgia is an elected official with a wide variety of responsibilities, including supervising elections and maintaining public records....

.

GEORGIACARRY.ORG, INC., is a non-profit corporation that was incorporated in the State of Georgia on February 2, 2007. GuideStar
GuideStar
GuideStar USA, Inc. is an information service specializing in reporting on U.S. nonprofit companies. In 2010, their database contained over 5 million IRS Forms 990 filings on 1.9 million organizations.....

 categorizes this corporation as a Civil Rights, Social Action, and Advocacy organization.

GCO FOUNDATION, INC., is a non-profit corporation that was incorporated in the State of Georgia on February 11, 2008. GuideStar
GuideStar
GuideStar USA, Inc. is an information service specializing in reporting on U.S. nonprofit companies. In 2010, their database contained over 5 million IRS Forms 990 filings on 1.9 million organizations.....

categorizes this corporation as a Crime, Legal Related / (Crime Prevention N.E.C.) organization.

External links




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