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Thread: Coweta Georgia violating state preemption!

  1. #1
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    Mike wrote: Yes, open carry CAN get you arrested! I guess in this case it is true . . .

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    Malum Prohibitum, good luck in fighting Coweta County.

    ProguninTN

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    Thanks Gentlemen. The Board ordered the County Attorney to reassess her previous opinon, but they will rely on her whatever she says. The ban will fall, however. There is the easy way and the hard way.

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    And....

    Coweta County chooses the hard way.

    http://georgiacarry.org/cms/2007/02/...rks-ordinance/

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    Wiley wrote:
    And....

    Coweta County chooses the hard way.

    http://georgiacarry.org/cms/2007/02/...rks-ordinance/
    And insists on fighting!

    They insist that their ordinance is nor preempted. All of the letters, the newspaper story, and court pleadings, are here.

    http://georgiacarry.org/cms/category...ty-preemption/





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    I'm not a lawyer but its seems pretty cut and dry to me I'm gonna watch this one cause I just down see how the County could win.

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    Motion for summary judgment coming soon . . .

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    Updates.

    http://www.georgiacarry.org/cms/cate...ty-preemption/

    GCO filed a motion for summary judgment, and so the county in intending to do so as well. The county is arguing that it can do what it wants on its own property, regardless of state law.

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    Coweta won! Currently on appeal.

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    Malum Prohibitum wrote:
    The county is arguing that it can do what it wants on its own property, regardless of state law.
    I'm a little foggy on my law; but I believe that city and county governments derive their authority from charter from the state legislatures. How can it be county property without being subject to state law?

    Its my understanding that there can be only one government within a given jurisdiction. It goes back to early colonial times.

    Here is some interesting reading on this point. I got the link originally, I think, from Longwatch. http://www.virginia1774.org/TransylvaniaTreasure.html

    Interestingly enough, in the article linked above,St. George Tuckerconsidered setting up a separate gov't an act of treason. I wonder what you would call trying to take an existing gov't and separating it? Oh, yes. Seccession. Ahhhhhh. There is the problem.
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

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    Hmmmm. In the Georgia Constitution, check out:

    Article I, Paragraph VIII

    Article IX, Section I, Paragraph I.

    Article IX,Section II, Paragraph I.

    http://www.sos.state.ga.us/elections/constitution.htm

    I wonder if they are trying to pull something based on:

    Article IX, Section II, Paragraph I:"Home Rule for Counties. (a) The governing authority of each county shall have legislative power to adopt clearly reaonable ordinances, resolutions, or regulations relating to its property, affairs, and local government for which no provision has been made by general law..."

    Doyou have a link, MalumProhibitum?
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

  13. #13
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    Once they lose, you can spread the word that even an Internet forum hack could tell what they were trying to pull was unconstitutional.

    NOT...ONE....WORD, LEO229. Not one word.
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

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    Citizen wrote:
    Doyou have a link, MalumProhibitum?

    Everything is available here, including the pleadings. http://www.georgiacarry.org/cms/cate...ty-preemption/


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    Thanks, Malum.

    Grrrrrrrrrr.
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

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    GCO will be filing its appellate brief soon.

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    Citizen wrote:
    I wonder if they are trying to pull something based on:

    Article IX, Section II, Paragraph I:**"Home Rule for Counties.* (a) The governing authority of each county shall have legislative power to adopt clearly reaonable ordinances, resolutions, or regulations relating to its property, affairs, and local government for which no provision has been made by general law..."
    If they are, they missed the "for which no provision has been made" clause. > )
    -Unrequited

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    Malum Prohibitum wrote:
    GCO will be filing its appellate brief soon.
    http://www.georgiacarry.org/cms/2007...nty-parks-ban/



    Appellate brief is available.

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