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Private Entity Leasing Government Property
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Guns in the Garden: Reversal Issued in Open Carry Ban at Atlanta Botanical Garden
https://www.law.com/dailyreportonli...nta-botanical-garden/?slreturn=20190907154256
"The high court for the second time reversed rulings by the Georgia Court of Appeals and a Fulton County trial judge affirming the right of the botanical garden—a private nonprofit organization that holds a 50-year lease from the City of Atlanta—to bar people from bringing guns on the premises and to concerts and other events."
"Dawsonville attorney John Monroe—a founder, board member and corporate officer of GeorgiaCarry who represents Evans—said he is confident that a careful review of the garden’s lease with the city will make it clear that the garden is prohibited by state law from banning guns on its premises.
“We never argued it as a Second-Amendment issue,” said Monroe, who said he helped to write the 2014 amendment that forms the basis for the high court’s reversal. “It was really about an interpretation of state law. … The idea was, if you are going to lease public property, you should not have the same right that private property owners have to exclude firearms.”"
https://www.law.com/dailyreportonli...nta-botanical-garden/?slreturn=20190907154256
"The high court for the second time reversed rulings by the Georgia Court of Appeals and a Fulton County trial judge affirming the right of the botanical garden—a private nonprofit organization that holds a 50-year lease from the City of Atlanta—to bar people from bringing guns on the premises and to concerts and other events."
"Dawsonville attorney John Monroe—a founder, board member and corporate officer of GeorgiaCarry who represents Evans—said he is confident that a careful review of the garden’s lease with the city will make it clear that the garden is prohibited by state law from banning guns on its premises.
“We never argued it as a Second-Amendment issue,” said Monroe, who said he helped to write the 2014 amendment that forms the basis for the high court’s reversal. “It was really about an interpretation of state law. … The idea was, if you are going to lease public property, you should not have the same right that private property owners have to exclude firearms.”"
Atlanta Botanical Garden Gun Rights Lawsuit - Victory! © 2019 Phillip Evans
Finally, after a long five year fight in the courts, GeorgiaCarry.org and I won a highly satisfying victory from the Georgia Supreme Court, published Monday, Oct. 7th, 2019.
https://pursuitofpatriotism.blogspot.com/2019/10/atlanta-botanical-garden-gun-rights.html
Finally, after a long five year fight in the courts, GeorgiaCarry.org and I won a highly satisfying victory from the Georgia Supreme Court, published Monday, Oct. 7th, 2019.
https://pursuitofpatriotism.blogspot.com/2019/10/atlanta-botanical-garden-gun-rights.html
I rarely go to gun shows any more, but when I do , I always carry concealed.
That is a valid method of carry, and it should be your choice to decide how you carry. But isn't it nice now knowing you don't HAVE to carry concealed at gun shows on public property anymore?
I never open carry. Never will. Except during a gator hunt.
Concealed means and should be consealed
You guys do know that this case would have never happened without the ability to Open Carry in Georgia.....Right? I mean how does one get thrown out of public property by only conceal carrying? If no one knows you are carrying, then how do you get security called on you and then told to leave?
Winning this case will possibly open up every professional sports venue in Georgia, because they all play in leased stadiums and domes that are on public property. Braves - Hawks - Falcons - Atlanta United. It's the people's property. The Supreme Court even questioned John Monroe (GCO's attorney) during oral arguments about this. You could see the "light bulb" moment when they contemplated the ramifications of what 16-11-127(c) says.
GCO got the legislature to tweek OCGA § 16-11-127 (c) twice. Once in 2010 SB308, and again in 2014 in HB60. The changes in sentence structure and the adding of a few more words is what gave us this victory at the GA. Supreme Court, which now will have a domino effect on all the publicly owned gun-free-zones in Georgia.
Winning this case will possibly open up every professional sports venue in Georgia, because they all play in leased stadiums and domes that are on public property. Braves - Hawks - Falcons - Atlanta United. It's the people's property. The Supreme Court even questioned John Monroe (GCO's attorney) during oral arguments about this. You could see the "light bulb" moment when they contemplated the ramifications of what 16-11-127(c) says.
GCO got the legislature to tweek OCGA § 16-11-127 (c) twice. Once in 2010 SB308, and again in 2014 in HB60. The changes in sentence structure and the adding of a few more words is what gave us this victory at the GA. Supreme Court, which now will have a domino effect on all the publicly owned gun-free-zones in Georgia.
I hope you understand that the Supreme Court's ruling allows for a minor change on the language of leases of public property, and the lessee (tenant) will be able to ban carrying firearms.
What will be interesting is that changing the language has other significant ramifications beyond the firearms issues, and it remains to be seen if the parties to the lease are going to be willing to make the accommodations required by the change in lease language.
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