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IMPORTANT DECISION =Carry at Atlanta Botanical Garden - no can do says GA. Ct. of Appeals.

Thread in 'Law & Order' started by gh1950, Mar 14, 2018.

  1. gh1950

    gh1950 ODT Junkie!

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    Well here's a case that just opened up a can of worms.

    Brief version, Botanical Garden leases land from City of Atlanta. Garden says no guns. Law says you can carry on public property. Citizen carrying gun thrown out of
    garden.

    Georgiacarry.org files suit.

    GA. Court of Appeals says lessee (the Garden) controls the property and can ban guns.

    Coming soon to a town near you, every piece of public property will be leased
    or rented to someone.
    https://www.myajc.com/news/local/co...den-can-prohibit-guns/EzC4QpBCse9hyZdXC2fnHO/
     
  2. Jeddak

    Jeddak The Hen that laid the Golden Legos

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    Carry concealed, if you have to go there.
     
    Necrosis, thorn, Robroyb and 8 others like this.
  3. hunterofopportunity

    hunterofopportunity Hunter

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    Unless I'm patted down or walk thru a metal detector no one knows what I carry.
     
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  4. rosewood

    rosewood Frontiersman

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    carry what? I don't know what you are talking about..
     
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  5. handloader

    handloader ODT Junkie!

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    If you rent an apartment or business location from a municipal government. You control who has access, and what they bring onto the premisis. Nothing new here.
     
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  6. GAgunLAWbooklet

    GAgunLAWbooklet The Hen that laid the Golden Legos

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    link to Court of Appeals site where you can read the short (15 pg) opinion.

    http://www.gaappeals.us/docket/results_one_record.php?docr_case_num=A17A1639

    Basically, the Court of Appeal says when a private business entity leases publicly owned land or buildings, it gets treated as a private business establishment for the purposes of gun control laws.

    Therefore House Bill 60 (the Safe Carry Protection Act, back in 2014) did not accomplish anything by inserting the word "private" before the word property .
    Not as to the Gardens.

    I fear that after this ruling, a property must be 100% publicly owned and operated, with W-2 government-payroll employees making all the rules and enforcing them, for the HB 60 changes to have any meaning, and for the principle of state Preemption of local gun bans to apply.
     
  7. buttplate

    buttplate ODT Junkie! Supporter

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    How did they know he was carrying? Was he a goober like the ones you see open carrying to get attention, "cause they can"?
     
  8. Fish Fry

    Fish Fry β€œIt’s Good To Be The King.” – Rabbi Tuckman Supporter

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  9. Bonecollector

    Bonecollector Trouble Maker Supporter

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    Or anywhere. Always conceal carry. ;)
     
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  10. alnen

    alnen ODT Junkie!

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    Nothing like legislating from the bench. Judges have unchecked power and that needs to change.
     
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