Kennesaw could fight, just as Coweta County is fighting. However I would like to say the reasoning behind why you think they should fight is wrong as compared to Morton Grove.
Morton Grove challenged the 2nd Amendment and won. However it did not have the same laws and constitution that Georgia has. Georgia has 3 limitations before we even get to the general underlying Federal claim of the 2nd amendment.
First is 16-11-173 which says firearms are a general and state wide concern and further says that counties and cities may not regulate in any manner the carry of firearms.
Next is that cities and counties cannot enact laws in conflict with state law. 16-11-127 is the state law which lists most of the places off limits. It says "Nothing in this Code section shall otherwise prohibit the carrying of a firearm in any other public place by a person licensed or permitted to carry such firearm by this part." So the state law says I am able to carry in a park as long as it is not a public gathering. Kennesaw's law violates this too.
Finally the Georgia Constitution allows only the General Assembly to limit how firearms are carried.
If Kennesaw could have fought through all of that and won, then maybe Morton Grove would come into play. However any one of those by itself is reason why not to fight because any one of them is a reason the law would be ruled invalid by a court.
Coweta County is just waisting money because state law clearly states in several places that it does not allow local firearm bans. It is a waist of taxpayer money for them to fight what all others thus far have acknowledged is not allowed.
I have to follow the law, why doesn't the government?
Posted by: Matt Knighten at August 31, 2007 08:45 PM