Is there any case law regarding events that sell tickets?

Discussion in 'Places Off-Limits' started by mzmtg, Jun 13, 2006.

  1. mzmtg

    mzmtg Active Member

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    In regards to events that are not specifically named in 16-11-127, is there any case law regarding the status of events that sell tickets?

    Like movies, fundraisers, and that sort of thing...
     
  2. jrm

    jrm Sledgehammer

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    mzmtg, I assume you mean is there case law supporting the notion that an event that charges admission is not a public gathering, or something along those lines? I looked for that some months back, based on statements others had made (that I made the mistake of repeating without checking first). I couldn't find anything in GA like that.
     

  3. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    The answer is, "no."

    Read the State v. Burns opinion, though, (found in its entirety in at least two places on this forum - enter "Burns" into the search engine) as I think it has dangerous language for places that charge admission, since that means the public is gathering for a specific function.

    Other people disagree, basically arguing that they are no longer "public" because of the admission charge.

    There is no case law on point.

    I would not personally be comfortable defending myself against such a charge . . .
     
  4. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    persuasive authority?

    If there is no binding authority from the appellate courts of Georgia on this subject, then is anybody aware of any similar statute in place in another state (preferably a conservative, southern state) that also has a "public gatherings" clause in its law? Maybe that other state has some decided caselaw that can be helpful, and that one side or the other will offer as persuasive authority that Georgia courts should follow and adopt as our own.
     
  5. jrm

    jrm Sledgehammer

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    gunsmoker, GA is kind of unique with the "public gathering" type language. I think one of the northern plains states (is it ND?) has something similar.
     
  6. spectre056

    spectre056 New Member

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    I think South Carolina has a similiar Public Gathering restriction.
     
  7. jrm

    jrm Sledgehammer

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    SC does have a long list of places off limits (though not as long as GA's), but I did not find the public gathering language. Do you have a cite for it?
     
  8. spectre056

    spectre056 New Member

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    You're correct that South Carolina's law doesn't specifically define the term "public gathering." However, South Carolina's statute does references S.C. Code Section 16-23-420, which prohibits firearms in public buildings, etc. In addition, South Carolina's statute specifically lists school athletic events, churchs, places that sell alcohol, polling stations, etc. as off-limits. Those places, combined with 16-23-420, pretty much make up the same restrictions as "public gathering," as the term is defined under Georgia law.
     
  9. jrm

    jrm Sledgehammer

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    True. SC has a long list. They do have the advantage of having a specific list, as opposed to GA's undefined list.