Knotty philisophical question here

Discussion in 'GA Laws and Politics' started by Wiley, Feb 19, 2007.

  1. Wiley

    Wiley New Member

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    In as much as the State has pre-empted all firearms laws and GCO has gone after counties and cities who violate that pre-emption and Kennesaw's gun ordinace is comming up on 25 years.

    Should GCO demand the repeal of Kennesaw's ordinance?

    (Doncha just hate questions like this :x )
     
  2. mzmtg

    mzmtg Active Member

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    Personally, I think Kennesaw's law and others like it) should be repealed.

    First, it's unenforceable. Second, they have never had any intention of trying to enforce it.

    Therefore, it doesn't need to be on the books. We don't need government entities tying up the taxpayers' time and money with symbolic gestures.
     

  3. Rammstein

    Rammstein New Member

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    Nice question Wiley!


    Exactly what I was going to write.

    The last thing I want is more laws.
     
  4. foshizzle

    foshizzle New Member

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    What if you live in public housing in Kennesaw? Is there any? That might conflict with the public gathering clause of GA state law.

    I like the law. I don't think it does anything though. Let's me know if I get a chance to move to Kennesaw I should take it. Sounds like they at least have the right idea and their hearts are in the right place.
     
  5. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    I think the first post and the second post are talking about different ordinances.

    Kennesaw's ordinance featured in the AJC today is not preempted by state law.

    Their gun ban is.

    :wink:
     
  6. Wiley

    Wiley New Member

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    Huh? I was speaking of Kennesaw's ordinance that requires the Head-of-household to have a gun and sutable ammo. How does that not go against pre-emption?

    Secondly: What ban?
     
  7. mzmtg

    mzmtg Active Member

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    Kennesaw has more than one 25 year old, nationally known gun law?
     
  8. Rammstein

    Rammstein New Member

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    I thought the regulation of firearms was at the sole discretion of the Georgia state legislature.
     
  9. GAGunOwner

    GAGunOwner Active Member

    O.C.G.A. § 16-11-173

    (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.
     
  10. Rammstein

    Rammstein New Member

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    Ah.

    Then I change my first post.
     
  11. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    Why It's Allowed

    There is a good, common-sense reason why the legislature allows local governments to require heads-of-households to own guns, while in other ways local governments must leave gun control issues to the State leglislature.

    The Kennesaw law does not interfere with intrastate travel, or place a burden on citizens to study the law of every single jurisdiction through which they pass. That could be dozens of different jurisdictions, on just one two-hour car trip across the Atlanta metro area.

    Since the Kennesaw ordinance only applies to heads of households who reside in Kennesaw, people only have to know and obey this one law. (Actually they don't have to obey it, since there's no penalty for vilolating it, and nobody ever intended to enforce it anyway, and it has loopholes that make it meaningless, except as a "middle finger salute" to the gun-banning towns of Morton Grove and Skokie, Illinois.
     
  12. gunsbillygun

    gunsbillygun New Member

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    Re: Why It's Allowed

    and thats goodenugh for me
     
  13. Wiley

    Wiley New Member

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    Well, there ya go. Serves me right for not doing my research. #-o
    Consider this thread stupid and deleted.
     
  14. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    The thread is not stupid, nor should it be deleted. Kennesaw has another ordinance on the books that is not so well known, and it violates state law. It is a gun ban in parks.
     
  15. Rammstein

    Rammstein New Member

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    So they make a big stink about how they love guns and then they have a gun ban in parks?

    :screwy:
     
  16. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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  17. Macktee

    Macktee New Member

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    If anyone is gonna post a "Knotty philisophical question", I would think first of Wiley.

    Actually, I read the title of the thread and my first thought, even before reading the name of the poster, was "WILEY..."

    And I was correct.

    As usual!

    I just wish my wife of 42 years would just once say, "You're right" without sounding surprised...../#$@%&!!!!
     
  18. Wiley

    Wiley New Member

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    My question was based on a false assumption: That the Kennesaw gun requirement was a violation of State pre-emption. As such it was stupid. I didn't do my research.

    However the premise might still require an answer. Will we be as active in overturning a law that supports gun rights but is in violation of the pre-emtion statute?

    I think we should.
     
  19. Wiley

    Wiley New Member

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    Thank you, Sir. It's nice to know my reputation exceeds me.

    :cheers: :wave:
     
  20. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    I am not aware of any.


    Even if I were, I think maybe Georgians for Gun Safety or some similar group would be available to take on that sort of activity. Our volunteers and other resources are finite, and GCO has not even lifted all the local level gun bans yet! :D

    Priorities.