Georgia Firearm Forums - Georgia Packing banner

41 - 60 of 635 Posts

·
Moderator
Joined
·
68,657 Posts
Of course, I cannot help but point out that carry in county parks is already the law in Georgia, which has statewide preemption. It is just that counties like Clayton do not follow state law.
 

·
Moderator
Joined
·
68,657 Posts
Only in Fulton County.

I am sure there are some other counties like that, too.
 

·
Registered
Joined
·
2,139 Posts
Forsyth Co. now a problem

Well, so much for Forsyth. Added a new parks ordinance in Feb. of this year. I sent the following email to a County Commissioner I like, which has all the relevant details:

Begin Quote

I am writing to you to find out who to contact regarding having a plainly unlawful section of the Forsyth County Code removed. Apparently in February of this year, the following section was added to the county code concerning parks and recreation:

Sec. 54-5. Weapons prohibited.
It shall be a violation of this article for any person to take into a park or recreation facility any weapon, or to shoot, use, carry or employ any weapon or similar device in a park or recreation facility. This prohibition shall apply even if a person has a concealed carry permit.
(Ord. No. 102, 2-2-2006)

Language of this sort has become fashionable in the local metro area counties. However, it is plainly pre-empted in the Georgia state code by the 'pre-emption' section regarding firearms, section 16-11-173.

16-11-173.
(a)(1) It is declared by the General Assembly that the regulation of firearms is properly an issue of general, state-wide concern.
(2) The General Assembly further declares that the lawful design, marketing, manufacture, and sale of firearms and ammunition to the public is not unreasonably dangerous activity and does not constitute a nuisance per se.
(b)(1) 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.
(2) The authority to bring suit and right to recover against any firearms or ammunition manufacturer, trade association, or dealer by or on behalf of any governmental unit created by or pursuant to an Act of the General Assembly or the Constitution, or any department, agency, or authority thereof, for damages, abatement, or injunctive relief resulting from or relating to the lawful design, manufacture, marketing, or sale of firearms or ammunition to the public shall be reserved exclusively to the state. This paragraph shall not prohibit a political subdivision or local government authority from bringing an action against a firearms or ammunition manufacturer or dealer for breach of contract or express warranty as to firearms or ammunition purchased by the political subdivision or local government authority.
(c) A county or municipal corporation may regulate the transport, carrying, or possession of firearms by employees of the local unit of government in the course of their employment with such local unit of government.
(d) Nothing contained in this Code section shall prohibit municipalities or counties by ordinance, resolution, or other enactment, from requiring the ownership of guns by heads of households within the political subdivision.
(e) Nothing contained in this Code section shall prohibit municipalities or counties, by ordinance, resolution, or other enactment, from reasonably limiting or prohibiting the discharge of firearms within the boundaries of the municipal corporation or county.

Thus, regarding the county's new ordinance, it cannot regulate the carrying of firearms in the county park. It certainly can regulate the discharge (although not for self defense), and the carrying in a publicly owned building is already forbidden by state law, 16-11-127. In fact, the state legislature tried to change this this year, with the introduction of HB 544, http://www.legis.state.ga.us/legis/2005 ... /hb544.htm, which did not pass. Independent of how one may feel about the 2nd amendment in general, portions of this ordinance are plainly forbidden. In any event, I'd hate to see a law abiding citizen troubled by erroneous enforcement of certain provisions of this ordinance. How can we get this fixed?

End Quote

We'll see what sort of response I get.
 

·
Moderator
Joined
·
68,657 Posts
For some reason, Forsyth County was already on our "no carry" list.
 

·
Moderator
Joined
·
68,657 Posts
This prohibition shall apply even if a person has a concealed carry permit.

That is the first time I have seen that!
 

·
Moderator
Joined
·
68,657 Posts
Ah!

So, there was previous to February no ordinance making this an offense?

This is really a change?
 

·
Moderator
Joined
·
68,657 Posts
Re: Forsyth Co. now a problem

kkennett said:
Well, so much for Forsyth. Added a new parks ordinance in Feb. of this year.

Sec. 54-5. Weapons prohibited.
It shall be a violation of this article for any person to take into a park or recreation facility any weapon, or to shoot, use, carry or employ any weapon or similar device in a park or recreation facility. This prohibition shall apply even if a person has a concealed carry permit.
(Ord. No. 102, 2-2-2006)
I am curious - how many forum members here reside in Forsyth?
 

·
Moderator
Joined
·
68,657 Posts
Re: Forsyth Co. now a problem

Malum Prohibitum said:
I am curious - how many forum members here reside in Forsyth?
Well, I guess with 159 counties in this state, we can't expect that many forum participants live in any one particular county . . .

:D
 

·
Registered
Joined
·
3,588 Posts
I expect most of us live in the Atl. Metro area. I know there are a few around Macon and possibly Savanah. Last I checked we had around 150 registerd users, so there must be a lot of counties wher we have no members.
 

·
Registered
Joined
·
5,215 Posts
Hey don't forget us folks down south! We show 170 users as of a few minutes ago, but, from what I've seen theres only about a dozen or so that post fairly regularly... :?
 

·
Registered
Joined
·
3,588 Posts
Hey don't forget us folks down south! We show 170 users as of a few minutes ago, but, from what I've seen theres only about a dozen or so that post fairly regularly...
I am sure more than that read the fourms, but that is still only a couple of people per county. Camo Coalition has thousands on their email list.

If we want to be really effective we need more people
 

·
Moderator
Joined
·
68,657 Posts
The City of Roswell expanded their ban this spring, including possession "weapons" in addition to firearms and clarifying the powers of Park Police with powers of arrest and powers of ejectment for violating park rules.

This was probably in direct response to questions being raised about their pre-empted ordinance.

The new ordinance recites in the preamble the city's power to pass ordinances not in conflict with the general laws of the state. :roll:
 

·
Premium Member
Joined
·
8,460 Posts
Here is Clayton County's park rule:
Sec. 66-20. Firearms.
It shall be unlawful for any person to possess, carry or use any firearm in a park unless otherwise specifically authorized by state law.
(Ord. No. 93-99, § I(2-19 1/2-3(f)(11)), 10-5-93)
I think that means with a firearms license you are ok to carry, what do y'all think?
 
41 - 60 of 635 Posts
Top