New in Atlanta

Discussion in 'Places Off-Limits' started by altantapatriot, Feb 4, 2017.

  1. altantapatriot

    altantapatriot New Member

    40
    0
    0
    This forum keeps popping up in Google searches, so I thought i'd join. I do have a few questions though.


    1) Atlanta Library has a no firearms policy and I understand, GA has a preemption statute. Is this legal?


    2) What banks allow open carry? I make it a practice, never to enter any establishment or do business that rejects my natural right to defend myself

    3) What is the policy here about unconstitutional laws? I personally believe, due to the 2A and the supremacy clause, an unconstitutional law cannot by it's very nature be a law and has no duty to obey or submit to it.

    Thanks in advance
     
  2. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

    67,050
    1,428
    113
    Go to the gun laws page and review 16-11-127 (places off limits) and 16-11-173 (preemption). There, you will find your answer.

    Please provide a little more information about this library policy.


    Almost none, but there are a few, and there are some threads here about them if you run a search.

    GPDO has no policies. It is just a discussion forum. One of the rules discourages the discussion of illegal topics, but that is more aimed at protecting the existence of the forum, and it has never been applied to discipline posters writing about, for instance, carrying in off limits locations. If you want to discuss assassinating the President, that will be a different story.

    Another example, firearm related, would be that it would not be appreciated for you to post up your video or pictures manufacturing a machine gun (that is, if you are not a SOT), because that is a federal felony. Such an act would send the government against the owners of this web site.

    Discussion relating to the constitutionality of laws is the meat of discussion here, if that is what you are asking.
     

  3. DonT

    DonT Deplorable bitter clinger.

    5,634
    246
    63
    Welcome to the forum! I'm sure a few members will opine here on your questions. First stop...go review the applicable Georgia firearms laws. You can review them here, at the "Gun Laws" link. Also, www.georgiacarry.org has all the laws linked, at the bottom of the first page, and an excellent FAQ on the left menu is a good place to start too.

    The following are my opinions, and you are encouraged to do further research to verify them.

    1. Libraries are government controlled public property and are not off limits for carry. Libraries were at one time considered to be government entities, because sometimes, library boards met at them. Differing opinions abounded on that. But even if government entities, recent changes to the laws in 2014 requires government entities to have LEO supervised screening in place, for those locations to be off limits.

    2. Every bank is a private business, and many have differing policies.

    3. Not sure about what you mean about unconstitutional laws. That is a LONG journey into philosophy and the meaning of the 2nd Amendment.
     
  4. altantapatriot

    altantapatriot New Member

    40
    0
    0

    well for one, they have a checkpoint, which might change things. I've been in many places, i've never heard of a library, that does such things. Legal, yes. Moral, absolutely not

    uurgh. Just as well I prefer using the web ans smartphone apps.


    Well...... assassination is an extreme example but I get your point. That would be stupid in the extreme. I guess my argument is that there are no valid federal laws or even state laws that infringe on the right to bear arms. You make a valid point about protecting the forum though. Those who have control mechanisms in place do not like it in the slightest when that control is threatened, whether lawful or not.
     
  5. altantapatriot

    altantapatriot New Member

    40
    0
    0
    aaaah.... there are no LEOs there but as I stated in the previous post, there is a checkpoint, run by private security
     
  6. Phil1979

    Phil1979 Member Georgia Carry

    11,495
    600
    113
    What happens at the Atlanta Library checkpoint? Any pat-downs? Is there a metal detector? If it beeps, do they make you remove anything metal and back through again?

    Without a LEO present, I don't believe that can legally keep out a lawful carrier of a weapon.

    Here's some low hanging fruit you can get them on: In Georgia a knife with a blade 5" and under in length is not considered a weapon. Go there carrying only a 4.5" bladed knife, and if they won't let you in, you can sue them, even if there were LEO present.
     
  7. altantapatriot

    altantapatriot New Member

    40
    0
    0
    Do you have a cite for that? I would love to get them for something legal. There is also the private property issue. Even if that knife isnt considered a weapon, there would have to be something in the OCGA that forbids them from just prohibiting all knives
     
  8. DonT

    DonT Deplorable bitter clinger.

    5,634
    246
    63
    I'm curious about this. Which library is this and what is the address?

    I'm interested in doing a bit of research on this library checkpoint, because I had no idea any of them were doing this.
     
  9. Dawgdoc

    Dawgdoc Well-Known Member

    1,511
    70
    48
    and this

    I think this is what you would need.
     
  10. altantapatriot

    altantapatriot New Member

    40
    0
    0
    Central Library. One Margaret Mitchell Square NW

    [​IMG]

    Hopefully the image displays.
     
  11. DonT

    DonT Deplorable bitter clinger.

    5,634
    246
    63
    Code of Conduct for Atlanta public libraries:

    http://www.afpls.org/images/2016/s_..._-_approved_by_the_BOT_at_4-27-16_meeting.pdf

    Interesting.
     
  12. Phil1979

    Phil1979 Member Georgia Carry

    11,495
    600
    113
    I emailed the Atlanta Library System Director. If I don't get a response soon, perhaps we can all come up with some Open Records Act Requests for them to get clarification on what they are doing, and to see if they are abiding within state law.
     
  13. altantapatriot

    altantapatriot New Member

    40
    0
    0
    Indeed. For one, that checkpoint is totally unreasonable and in my opinion immoral and un-American. More on point, how does it affect carry rights that the checkpoint is manned by civilian security? Or is it the physical presence of a checkpoint that matters?
     
  14. DonT

    DonT Deplorable bitter clinger.

    5,634
    246
    63
    I've reread 16-11-127, and I don't see where a library can screen out all firearms. Private property owners can, government buildings can,
    but from my reading, public buildings such as libraries can't prohibit lawfully armed citizens from the premises. There is no government entity involved. It's not a violation of law to enter a library while lawfully armed and carrying with a GWCL. It is just the library preventing carry with the security guards.
     
  15. Phil1979

    Phil1979 Member Georgia Carry

    11,495
    600
    113
    The question is, does the library hold official meetings of any government entities. If so, they could ban licensed carriers of weapons if a LEO is supervising the checkpoints.

    Perhaps a copy of any meeting minutes held there would be in order?
     
  16. DonT

    DonT Deplorable bitter clinger.

    5,634
    246
    63
    Malum? Gunsmoker? What are your thoughts?
     
  17. Dawgdoc

    Dawgdoc Well-Known Member

    1,511
    70
    48
    If either are Falcon fans, we might have to wait until tomorrow for a comment.
     
  18. DonT

    DonT Deplorable bitter clinger.

    5,634
    246
    63
    John Monroe?
     
  19. altantapatriot

    altantapatriot New Member

    40
    0
    0
  20. gunsmoker

    gunsmoker Lawyer and Gun Activist

    27,543
    687
    113
    I think the library is a government building .
    I think that if they have any screening or restrictions on the public access, that is enough for them to ban weapons-carrying private citizens with carry licenses .

    However they cannot arrest you for attempting to go through the checkpoint unless :
    number one : they have a certified police officer there as part of the security team,
    and
    number two: they have to give you a chance to leave and put your weapon in your car or otherwise remove your weapon from the building .

    The sticky situation would be when you demand that they let you in, and you refuse to leave, but they do not attempt to arrest you. They just stop you at the checkpoint and tell you you can go no further. What are you going to do then?
    At some point this stalemate could turn into an arrest for disorderly conduct , or an obstruction charge, interference with the operation of a government building, etc. blah blah blah, or something else .
    I wouldn't be surprised if you got arrested for criminal trespass, although that should not be a valid charge if this is not private property .
     
    Last edited: Feb 6, 2017