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Thread: Dad files lawsuit to bring gun to daughter’s elementary school

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    Regular Member rightwinglibertarian's Avatar
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    Dad files lawsuit to bring gun to daughter’s elementary school

    http://www.foxnews.com/us/2014/08/23...entary-school/

    A Georgia father has filed a lawsuit after he says the principal at his daughter’s elementary school told him he was not allowed to bring his gun on school grounds.

    MyFoxAtlanta.com reported Friday that the lawsuit claims that the principal told Hugh Myers that he could not bring his gun onto the campus of Beulah Elementary School other than when he is dropping off or picking up his daughter. The principal allegedly threatened to have him arrested if he did so.

    I admire his courage but I fear there won't be a judge who will honor the Constitution enough to rule in his favor. IIRC the school carry infringement is federal though may be state as well. If the Judge does have the guts to respect the law it could be a significant hurdle in removing a major infringement of our rights
    "Which part of shall not be infringed is so difficult to understand"?

    "Any and all restrictions on the bearing of arms in public places are nullified as per the Second Amendment"

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    Myers’ attorney John Monroe is arguing that Myers is allowed to bring his gun under a new Georgia law that took effect last month ... http://www.foxnews.com/us/2014/08/23...entary-school/
    John Monroe is the go-to guy whose track record is great. You're a new guy around here and couldn't be expected to know. Mr. Monroe has covered cases in Wisconsin and you may want him on your side.

    http://gunrightsattorneys.com/john-r...arms-attorney/

    Here is the Act http://www.legis.ga.gov/Legislation/20132014/144825.pdf 89.4 KB 29 pages

    Yes, as I read it there is an exception for school functions at line 302
    Last edited by Nightmare; 08-23-2014 at 06:57 PM.
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    Regular Member rightwinglibertarian's Avatar
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    Quote Originally Posted by Nightmare View Post
    John Monroe is the go-to guy whose track record is great. You're a new guy around here and couldn't be expected to know. Mr. Monroe has covered cases in Wisconsin and you may want him on your side.

    Here is the Act http://www.legis.ga.gov/Legislation/20132014/144825.pdf 89.4 KB 29 pages
    *nods* Sorry, I just have no faith in the justice system as a general rule and it's a pleasant surprise when you get a good one. Can you summarize the doc? Time just won't allow me to read all that as well as social networks, the news page (which I've not had time to touch in ages ) and forums.
    "Which part of shall not be infringed is so difficult to understand"?

    "Any and all restrictions on the bearing of arms in public places are nullified as per the Second Amendment"

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    AN ACT
    1 To amend Code Section 8-3-202, Part 1 of Article 1 of Chapter 3 of Title 27, Article 2 of
    2 Chapter 3, Article 4 of Chapter 11, and Part 2 of Article 4 of Chapter 12 of Title 16, and
    3 Code Section 35-3-34 of the Official Code of Georgia Annotated, relating to unlawful
    4 practices in selling or renting dwellings and exceptions, general provisions regarding
    5 hunting, justification and excuse, dangerous instrumentalities and practices, transportation
    6 passenger safety, and disclosure and dissemination of criminal records to private persons and
    7 businesses, resulting responsibility and liability of issuing center, and provision of certain
    8 information to the FBI in conjunction with the National Instant Criminal Background Check
    9 System, respectively, so as to change provisions relating to carrying weapons and the
    10 issuance of weapons carry licenses; to provide for a short title; to authorize hunting using a
    11 firearm silencer or suppressor under certain circumstances; to provide for penalties for
    12 improper use; to provide that persons who use threats, force, or deadly force in accordance
    13 with Code Section 16-3-21, 16-3-23, 16-3-23.1, or 16-3-24 shall be immune from criminal
    14 prosecution under Part 3 of Article 4 of Chapter 11 of Title 16; to change provisions relating
    15 to carrying weapons in unauthorized locations; to provide for and change definitions; to
    16 change provisions relating to carrying weapons within certain school safety zones and at
    17 school functions
    ; to change provisions relating to exemptions for carrying weapons within
    18 school safety zones; to remove fingerprinting requirements for renewal licenses; to allow
    19 persons who have had their weapons carry licenses revoked to be eligible to be license
    20 holders under certain circumstances; to prohibit the creation or maintenance of data bases
    21 regarding persons issued weapons carry licenses; to provide for verification of weapons carry
    22 licenses; to provide an exemption from certain laws regarding the carrying and possession
    23 of firearms by certain judges; to provide for local boards of education to authorize personnel
    24 to carry weapons within school safety zones under certain circumstances; to provide for the
    25 offense of unlawfully carrying a weapon into a secure airport area; to provide for weapons
    26 carry licenses to be carried and exhibited on demand; to provide that defense of self or others
    27 is an absolute defense to any violation under Part 3 of Article 4 of Chapter 11 and Part 2 of
    28 Article 4 of Chapter 12 of Title 16; to change legislative findings; to change provisions
    29 relating to preemption of local regulations; to provide for the collection and dissemination
    H. B. 60
    - 1 -14
    HB 60/AP
    30 of information pertinent to issuing weapons carry licenses; to amend Title 43 of the Official
    31 Code of Georgia Annotated, relating to professions and businesses, so as to repeal state laws
    32 regarding firearms dealers; to amend Chapter 3 of Title 38 of the Official Code of Georgia
    33 Annotated, relating to emergency management, so as to prohibit certain limitations regarding
    34 firearms during a declared state of emergency; to provide for definitions; to change
    35 provisions relating to emergency powers of the Governor; to amend Code Sections 16-5-21,
    36 16-5-24, 16-12-1, 20-2-1180, 20-2-1185, and 43-38-10 of the Official Code of Georgia
    37 Annotated, relating to aggravated assault, aggravated battery, contributing to the
    38 delinquency, unruliness, or deprivation of a minor, loitering upon school premises or within
    39 a school safety zone, school safety plans, and private detectives and security agencies permits
    40 to carry firearms, respectively, so as to correct cross-references; to provide for related
    41 matters; to repeal conflicting laws; and for other purposes.
    I am responsible for my writing, not your understanding of it.

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    Regular Member rightwinglibertarian's Avatar
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    For some reason I thought school carry was a federal infringement and the states were just falling into line with that but it seems in some places it is allowed. Have I got the federal code wrong or are the states that allow it just ignoring the federal infringement?
    "Which part of shall not be infringed is so difficult to understand"?

    "Any and all restrictions on the bearing of arms in public places are nullified as per the Second Amendment"

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    Quote Originally Posted by rightwinglibertarian View Post
    For some reason I thought school carry was a federal infringement and the states were just falling into line with that but it seems in some places it is allowed. Have I got the federal code wrong or are the states that allow it just ignoring the federal infringement?
    On information and belief, the Federal GFSZ Act of 1990, passed to patch up the unconstitutional earlier Act and codified as 18 U.S.C. § 921(a)(25) is not or seldom enforced. I am sure that the feds beat the states into submitting enacting their statutes with the withdrawal of some funding.
    Last edited by Nightmare; 08-24-2014 at 04:13 PM.
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    To ALL Whom are Concerned:

    First off..., gutshot is Right. United States Federal Law 18 U.S.C. 922(q) does NOT Apply to, or Effect, a Georgia Weapons Carry Licensee in, on, or within 1000 Feet of a School in Georgia, as Provided under 18 U.S.C. 922(q)(2)(B)(ii).

    Secondly, and The Crux of The Issue, is that The Georgia General Assembly Passed and Signed 2 Different Bills, both of which were Signed by Governor Nathan Deal and became State Law on The Same Day: July. 1, 2014.

    The First Bill that became Law was House Bill 826. This Bill can be Viewed here: http://www.legis.ga.gov/legislation/...0132014/HB/826

    This Law Removed The Criminal Prohibition against Possession of a 'Weapon', (other than a Firearm), within a 'School-Safety Zone'. Also, This Law Removed The Definition of 'School Function' from Georgia Code 16-11-127.1, meaning that 'School-Safety Zones' only Included Actual Buildings and Property Owned by and/or Leased to a School.

    The Second Bill which became Law can be Viewed here: http://www.legis.ga.gov/legislation/...20132014/HB/60

    This Law, although Comprehensive, made only Minor Changes to Georgia Code Section 16-11-127.1.

    The Difference being Argued here is that House Bill 826 Authorizes Firearm Possession within 'School-Safety Zones', whereas; House Bill 60 does not.

    That Difference can be found on Lines 108-115, albeit that House Bill 60 also Allows Possession by License Holders who are Given Special Permission.

    The Problem is that House Bill 60 was Signed LAST, and House Bill 826 was Signed FIRST, which means under Georgia Law that House Bill 60 takes PRECEDENCE over House Bill 826 to The Extent that The Bills can not Reconcile a Difference under The Same Code Section. The Provisions which Authorize This are Embedded within The State Constitution, and Clarified under Applicable Case Law.

    I Personally Testified before The Committees which Heard These Bills that This may Happen. Although The Assembly was made Aware of The Potential Conflict, They nevertheless Passed These Legislative Proposals into Law. Subsequent to that, The Governor, under Counsel, Signed House Bill 826 FIRST, and then Signed House Bill 60 Immediately thereafter..., Possibly a Legal Maneuver to Prevent Campus Carry from becoming a Reality in Georgia.
    Last edited by aadvark; 08-25-2014 at 05:08 PM.

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    From my reading of the links/bills nicely provided by aaadvark, I think that the issue regarding the second bill are moot issues changed by the first ...

    They could not include the changes within the 2nd bill as the 1st bill was not passed.

    So I don't see any conflict ... the intent of the legislature appears to be clear, especially if discussed on the record of possible conflicts during the passage of both bills and the legislature said that there were no conflict.

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    davidmcbeth:

    Actually, both Bills were Passed and Signed into Law.

    The Argument is whether or not House Bill 826 is Superior or Inferior to House Bill 60, in regards to Campus Carry.

    If The Supreme Court of Georgia Interprets House Bill 826 as Superior, then Campus Carry becomes Legal in Georgia.

    There is a Chance This Issue may go This Far in The Judicial System.

    At Present, every other Aspect of House Bill 826 is Currently Law in Georgia, except for, Interestingly, The Changes Provided under House Bill 826 for Georgia Code Section 16-11-127.1.

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