GeorgiaCarry.Org has been litigating a case involving member Philip Evans being kicked out of the Atlanta Botanical Gardens for carrying his firearm there. The Gardens is located on public property, but it is operated and managed by a private entity. That private entity claims to have the power to make its own rules and codes of conduct for the facility, including a gun ban with no exception for private citizens with GWLs (carry permits).
The first time the case went to the Superior Court of Fulton County, we lost on a technicality. The judge said that courts have no power to order a business owner from having somebody thrown off the property, or even arrested for trespass, based on a criminal law.
GCO appealed it to the Ga. Supreme Court, which said that the reasons for the lower judge's ruling were incorrect. The Supreme Court said that it's OK for a Superior Court to declare what conduct could or could not justify a business having somebody arrested or banning a paying customer from the property by using the criminal trespass law. The high court sent the case back to the lower court to rule on the real issues of the case.
http://caselaw.findlaw.com/ga-supreme-court/1734609.html
So it went back to Judge Gail Tusan of the Fulton Co. Superior Court, and she ruled that when a private entity rents or leases a public facility, it becomes "private property" for the purposes of applying gun control laws. So such a "private property" leaseholder or manager of the facility CAN have a gun ban in place, and can enforce it, even though the real estate is public property. The business being run on that land, inside those government-owned walls, is a private business.
http://www.ajc.com/news/news/local/judge-rules-guns-are-not-allowed-in-atlanta-botani/nsQDy/
WHY THIS IS IMPORTANT :
It's not just about the Atlanta Botanical Gardens.
The same issue has come up with regard to a private air show promoter having a "no guns" rule for an air show event one weekend, held at a public airport. In that case, a different judge also ruled that "Wings Over North Georgia" (the air show promoter) had the right to make any and all rules it wanted for the Air Show, without relying on any grant of authority found in any County ordinance or state law. The lease contract between Floyd County (owner of this public airport) and Wings Over North Georgia, LLC was the only thing needed to give rule-making power to the business entity that rented this public facility.
And it's not just about air shows.
As Judge Matthews observed in the air show case, if the gun rights people are correct in our interpretation of what state preemption means, and that public property cannot have any gun restrictions other than what is found in O.C.G.A. uniform state law passed by the legislature itself, then all these professional sports teams that play at public areas and stadiums would not be allowed to ban guns. GWL holders could wear their pistols to any NBA basketball game, NFL football game, etc., if the game were held at a public facility.
This issue might even come up for a GUN SHOW, as some gun show management companies have a "no guns" and "no ammo" policy for visitors to the gun show. They zip-tie your weapon and forbid you to have any loose ammo in your possession. That's the rule made by the private gun show promoter / management company. But when the gun show is held at a public exhibition hall or arena or other public property venue, can they really make and enforce a gun ban?
Well, they ARE.
The first time the case went to the Superior Court of Fulton County, we lost on a technicality. The judge said that courts have no power to order a business owner from having somebody thrown off the property, or even arrested for trespass, based on a criminal law.
GCO appealed it to the Ga. Supreme Court, which said that the reasons for the lower judge's ruling were incorrect. The Supreme Court said that it's OK for a Superior Court to declare what conduct could or could not justify a business having somebody arrested or banning a paying customer from the property by using the criminal trespass law. The high court sent the case back to the lower court to rule on the real issues of the case.
http://caselaw.findlaw.com/ga-supreme-court/1734609.html
So it went back to Judge Gail Tusan of the Fulton Co. Superior Court, and she ruled that when a private entity rents or leases a public facility, it becomes "private property" for the purposes of applying gun control laws. So such a "private property" leaseholder or manager of the facility CAN have a gun ban in place, and can enforce it, even though the real estate is public property. The business being run on that land, inside those government-owned walls, is a private business.
http://www.ajc.com/news/news/local/judge-rules-guns-are-not-allowed-in-atlanta-botani/nsQDy/
WHY THIS IS IMPORTANT :
It's not just about the Atlanta Botanical Gardens.
The same issue has come up with regard to a private air show promoter having a "no guns" rule for an air show event one weekend, held at a public airport. In that case, a different judge also ruled that "Wings Over North Georgia" (the air show promoter) had the right to make any and all rules it wanted for the Air Show, without relying on any grant of authority found in any County ordinance or state law. The lease contract between Floyd County (owner of this public airport) and Wings Over North Georgia, LLC was the only thing needed to give rule-making power to the business entity that rented this public facility.
And it's not just about air shows.
As Judge Matthews observed in the air show case, if the gun rights people are correct in our interpretation of what state preemption means, and that public property cannot have any gun restrictions other than what is found in O.C.G.A. uniform state law passed by the legislature itself, then all these professional sports teams that play at public areas and stadiums would not be allowed to ban guns. GWL holders could wear their pistols to any NBA basketball game, NFL football game, etc., if the game were held at a public facility.
This issue might even come up for a GUN SHOW, as some gun show management companies have a "no guns" and "no ammo" policy for visitors to the gun show. They zip-tie your weapon and forbid you to have any loose ammo in your possession. That's the rule made by the private gun show promoter / management company. But when the gun show is held at a public exhibition hall or arena or other public property venue, can they really make and enforce a gun ban?
Well, they ARE.
