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Carrying a gun at music midtown?
- Thread starter christianjones
- Start date
Maybe your rights. Not mine. I have inalienable rights granted by God. Besides piedmont park is not private property.
It is sad really.
Thanks for the info but it's irrelevant to the discussion.
IANAL, but have listened to a lot of them discuss this scenario. With that said.....................
The clarification of carrying a weapon on/in public property is in HB60. Lines 182 thru lines 192. The Legislators specifically put "private" in the code section to keep Government from prohibiting GWCL on public property that had been leased out for a event/concert/pay event/festival/etc............... http://www.legis.ga.gov/legislation/en-US/Display/20132014/HB/60
Line 991 of HB60:
O.C.G.A. § 16-11-127 (Carrying weapons in unauthorized locations) and O.C.G.A. § 16-11-173 (Legislative findings; preemption of local regulation and lawsuits; exceptions) both say that public property cannot be made off limits unless the general assembly puts it in the law. (Which they have not done.) Criminal Trespass law was last updated in 2001. Any part of the CT laws that conflict with HB 60 are repealed.
The law specifically gives license holders the right to carry on public property. Local government can lease it out to a private company to hold a party or event that I am excluded from unless I pay an entry fee, but they do not gain the power to ban firearms simply by leasing the property. The State has taken that power away.
Any conflict between HB60 passed in 2014 and the Criminal Trespass law last modified in 2001 means the Criminal Trespass law loses.
The clarification of carrying a weapon on/in public property is in HB60. Lines 182 thru lines 192. The Legislators specifically put "private" in the code section to keep Government from prohibiting GWCL on public property that had been leased out for a event/concert/pay event/festival/etc............... http://www.legis.ga.gov/legislation/en-US/Display/20132014/HB/60
Line 991 of HB60:
O.C.G.A. § 16-11-127 (Carrying weapons in unauthorized locations) and O.C.G.A. § 16-11-173 (Legislative findings; preemption of local regulation and lawsuits; exceptions) both say that public property cannot be made off limits unless the general assembly puts it in the law. (Which they have not done.) Criminal Trespass law was last updated in 2001. Any part of the CT laws that conflict with HB 60 are repealed.
The law specifically gives license holders the right to carry on public property. Local government can lease it out to a private company to hold a party or event that I am excluded from unless I pay an entry fee, but they do not gain the power to ban firearms simply by leasing the property. The State has taken that power away.
Any conflict between HB60 passed in 2014 and the Criminal Trespass law last modified in 2001 means the Criminal Trespass law loses.
Interesting. Now did anyone attend the event, were you waned or sent through a metal detector, did you conceal carry, did you have a good time and get home safely?
Update: I went. No metal detectors, no wands, very complacent security. They stopped me and asked me to remove my pocket knife and take it back to my car. I complied. Not there to start trouble. I never told them about the glock 42 I had in my pocket because well, they never asked. They are keeping the park safe from a folding knife but never mind all drugs smuggled inside that they all turn a blind eye to. Jack White was great on Friday, but Saturday was a drag, we left early and sold our tickets on the way out. In my opinion unless you are a die hard fan of one of the artists performing, it isn't worth the trouble.
So, several years later, the Music Midtown event is happening again.
The TV and radio news stations are all saying it was cancelled LAST YEAR because the organizers wanted to ban weapons carry, but a recent court case involving Atlanta Botanical Gardens' no-guns policy ruled that public land and publicly-owned facilities can only ban guns if they are LONG-TERM LEASED TO A PRIVATE ENTITY, and thus also responsible for property taxes, under a type of land possession called an "estate of years" rather than a "usefruct." A usefruct is a shorter-term lease with a bunch of rules and conditions on it that the landlord imposes upon the tenant, and that's the normal and common type of lease we see in the real world.
THEREFORE, it would appear that since Piedmont Park is public property, not private, and a private music and event promotion company only leases the right to use the park for one week each year (only 2% of the time in any fiscal year), there's NO WAY that private event promotion company could be said to hold an "estate of years" in the park. THEREFORE, there can be no private gun ban.
What "IS" the current, 2023, weapons policy for Music Midtown? Specifically for people who are GWL holders or persons who are GWL-qualified and thus get the benefit of "constitutional carry" under recent changes in our laws?
Does anybody know if Music Midtown is following the law or are they sticking with an illegal policy that violates the rights of law-abiding armed citizens, and they figure they can get away with it because it's a Democrat city filled with the kind of people who don't really care about the law, or the Constitution, anyway; they'll do whatever they think is right in their own eyes?
The TV and radio news stations are all saying it was cancelled LAST YEAR because the organizers wanted to ban weapons carry, but a recent court case involving Atlanta Botanical Gardens' no-guns policy ruled that public land and publicly-owned facilities can only ban guns if they are LONG-TERM LEASED TO A PRIVATE ENTITY, and thus also responsible for property taxes, under a type of land possession called an "estate of years" rather than a "usefruct." A usefruct is a shorter-term lease with a bunch of rules and conditions on it that the landlord imposes upon the tenant, and that's the normal and common type of lease we see in the real world.
THEREFORE, it would appear that since Piedmont Park is public property, not private, and a private music and event promotion company only leases the right to use the park for one week each year (only 2% of the time in any fiscal year), there's NO WAY that private event promotion company could be said to hold an "estate of years" in the park. THEREFORE, there can be no private gun ban.
What "IS" the current, 2023, weapons policy for Music Midtown? Specifically for people who are GWL holders or persons who are GWL-qualified and thus get the benefit of "constitutional carry" under recent changes in our laws?
Does anybody know if Music Midtown is following the law or are they sticking with an illegal policy that violates the rights of law-abiding armed citizens, and they figure they can get away with it because it's a Democrat city filled with the kind of people who don't really care about the law, or the Constitution, anyway; they'll do whatever they think is right in their own eyes?
REMINDER: This below is last year's news story, from 2022,
as reported in the New York Post:
Atlanta City Council President Doug Shipman deemed Monday a “sad day” on Twitter due to the cancellation.
nypost.com
as reported in the New York Post:
Atlanta’s Music Midtown festival canceled — Georgia gun law blamed
Months before the event, members of pro-gun groups had emailed and commented on the festival’s social media, reminding it that a 2019 Georgia Supreme Court ruling on Georgia’s “Guns Everywhere” law — established in 2014 and officially known as the “Safe Carry Protection Act” — allowed firearms on publicly-owned land, including Piedmont Park, among other areas. As such, the festival would not have a legal standing to enforce its own ban, according to Rolling Stone.Atlanta City Council President Doug Shipman deemed Monday a “sad day” on Twitter due to the cancellation.
Atlanta’s Music Midtown festival canceled â Georgia gun law blamed
Guns would have been allowed on the festival grounds — which is against Music Midtown’s policy.
nypost.com
