Has its own ordinance.
No, that is not the law. There is a specific statute that forbids carry in State Parks. That which is not prohibited is permitted. There is no statute barring carry on state property generally. If you find one, please post it here.1818 said:Georgia law prohibits carrying on state property which is why you cant carry in any other state park.
No, it's not.1818 said:No matter how you slice it this is a state park . . .
Well, that is why we already have preemption of county and local ordinances, which I believe should be expanded to include state created authorities. See the proposed bill, under Actions, section 2. There is no state charge, though, for carrying in Stone Mountain. It is not a state park.1818 said:it doesn't matter that a state authority operates it rather than a state agency they are still part of state govt. Stone Mnt. Park will charge you under their park ordinace which means it never goes on your record, you never go to jail, and its tried to magistrate court rather than state court. They could choose to charge someone under the state law which would mean a much stiffer penalty and they could never even possess a gun ever again. I think by using their park ordinance they are trying to be as nice as possible by not having to use the state law as a charge. Bottom line is state law says the SMMA can make its own ordinances and state law also says no carry on state property. I would love that law to be reppealed but untill then there is nothing you can do to get rid of the SMMA ordinance becuase the state law would still be there. So unless you get rid of both, or your an LEO you CANNOT carry inside the park.
If Stone Mountain IS a state park or historical area, then their is already a law OCGA 12-3-10 about state parks and historical areas:(b) The association shall have legislative power to adopt reasonable ordinances relating to the property, affairs, and administration of Stone Mountain Park for which no provision has been made by general law and which are not inconsistent with the general laws or the Constitution of this state.
Since a general law already exists, if Stone Mountain is a State Park then their ban is unlawful.(o) ... It shall also be unlawful for any person to use or possess in any park, historic site, or recreational area any firearms, bows and arrows, spring guns, air rifles, slingshots, or any other device which discharges projectiles by any means, unless the device is unloaded and stored so as not to be readily accessible or unless such use has been approved within restricted areas by prior written permission of the commissioner of natural resources or his authorized representative.
(r) Any person who violates any of the provisions of this Code section commits the offense of criminal trespass
If that is passed, they would either have to remove all firearm rules except a ban on discharging, or choose to be a public place or state park/historic area and follow those laws."(b)(1) No county, or municipal corporation, state created authority, agency, department, or public corporation, by zoning or by ordinance, resolution, or other enactment, shall regulate in any manner gun shows, the possession, ownership, transport, carrying, transfer, sale, purchase, licensing, or registration of firearms, components of firearms, firearms dealers, or dealers in firearms components."
In and of itself cases being upheld in court means nothing since the wrong argument can lose to a blantantly wrong case and even a perfect argument to a blatantly wrong case can be lost if a liberal judge chooses so.everytime it has been upheld in Dekalb Magistrate court and in more than one trial in Dekalb State court