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

rightwinglibertarian

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http://www.foxnews.com/us/2014/08/2...-to-bring-gun-to-daughters-elementary-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
 

rightwinglibertarian

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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 :banghead: ) and forums.
 

rightwinglibertarian

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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?
 

aadvark

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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/en-US/Display/20132014/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/en-US/display/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.
 
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davidmcbeth

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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.
 

aadvark

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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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