Georgia Supreme Court upholds the weaker of 2 campus carry laws

Discussion in 'In the News' started by Mafuta54, Dec 12, 2016.

  1. Mafuta54

    Mafuta54 Active Member

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    http://www.guns.com/2016/11/01/georgia-supreme-court-upholds-the-weaker-of-2-campus-carry-laws/

    The high court found Monday that the second of two campus carry laws signed by Georgia Gov. Nathan Deal in 2014 holds true, as it was signed two days later.
    Deal gave his approval to HB 862 on April 21 which, among other tenets, allowed guns to be carried on school property. Then on April 23 he inked the expansive HB 60, the so-called “guns everywhere†bill which, while expanding the areas where guns could legally be carried, including bars, churches and certain government buildings, it still restricted guns to the parking lots of schools.
    This conflict was identified by the state’s Code Revision Commission, which adopted HB 60’s later language allowing licensed gun owners to carry a firearm within a school safety zone but only “when such person carries or picks up a student within a school safety zone†to be law.
    Preferring the more expansive allowance under HB 826, gun rights advocates with GeorgiaCarry.org sued the commission in February 2015 seeking to have it added to the state’s code. Deal’s office and the commission asked the court to dismiss the claim, which it did, but the Second Amendment group appealed to the Supreme Court, who, in a unanimous decision issued on Monday, agreed with the trial court.
    “GeorgiaCarry.Org was not entitled to relief under any state of provable facts alleged in the amended complaint, there was no actual controversy which would have authorized a declaratory judgment, and the trial court did not err by granting [the Commission’s] motion to dismiss,†reads the nine-page opinion written by Chief Justice Hugh Thompson for the majority. “Accordingly, the two statutes cannot stand together and the provisions of HB 826 related to the carrying of firearms in a school safety zone did not survive the subsequent enactment ofHB 60.â€.....
     
  2. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    Last edited: Dec 12, 2016

  3. gunsmoker

    gunsmoker Lawyer and Gun Activist

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  4. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    Misleading

    The guns.com article is misleading .
    House bill 60 did not "make it legal" to carry a gun at a school while dropping off or picking up students.
    That was pre-existing law for many many years .
    The only thing house bill 60 did regarding the school zone law was just change a little bit of the terminology. It was not a change in the substance of the law at all.

    Therefore you cannot say that there were two competing a "Campus Carry" bills.

    There was one campus carry bill, and another that addressed other issues but left campus carry 99% alone .

    Unfortunately the Code Revision Committee , the Governor, the Attorney General, and all the judges that have looked at this case so far have decided that THAT is a conflict. A law of the changes something is in conflict with a law that doesn't change that thing.
     
    Last edited: Dec 12, 2016
  5. Clark

    Clark Well-Known Member

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    Anyone know a legislator still around for next term with the guts to file a bill to impeach the "supreme" court (i.e. someone going to retire after this term)?