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Thread: "GUN CITY USA" facing possible litigation!

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    http://www.georgiacarry.org/cms/2007...rks-carry-ban/

    GCO Urges Kennesaw to Repeal Parks Carry Ban

    GCO has written the attorney, mayor, and council for the City of Kennesaw, urging them to repeal a ban on carrying firearms in city parks. Kennesaw is the city that requires heads of households to own a firearm and ammunition. The letter may be viewed here:

    http://www.georgiacarry.com/city/kennesaw_parks/Kennesaw attorney 07-23-07.pdf

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    State Researcher dng's Avatar
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    Their park policy definitely seems to contradict the city's "every head of household must possess a firearm" policy. Hopefully they get that straightened out. Still, even with that no firearms in the park, I still would like my city to take a look at becoming Gun City USA #2!Primer would be happy about that!

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    dngreer wrote:
    Their park policy definitely seems to contradict the city's "every head of household must possess a firearm" policy. Hopefully they get that straightened out. Still, even with that no firearms in the park, I still would like my city to take a look at becoming Gun City USA #2!Primer would be happy about that!
    What he said +1

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    dngreer wrote:
    I still would like my city to take a look at becoming Gun City USA #2!
    Not if somewhere up here in VA gets it first!

    Seriously, THERE's something the RKBA crowd should work on....

    Interstate races to get the next Gun Town, USA.

    Hmm.......
    Why open carry? Because 1911 > 911.

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    UPDATE !!!!

    http://www.ajc.com/metro/content/met...guns_0810.html

    Kennesaw considers throwing out no-guns-in-parks rule

    By BILL HENDRICK
    The Atlanta Journal-Constitution
    Published on: 08/09/07

    Attorneys for the city of Kennesaw, where residents are required by law to own and maintain a firearm, said Thursday they are asking local officials to throw out an ordinance that bans people from toting guns in city parks.

    The gun-in-parks ordinance violates state law, which preempts the Kennesaw ordinance, said Stuart Sims, an attorney for the city of Kennesaw.

    He said the recommendation was made to comply with a Georgia law that stipulates only the state has the power to determine where guns may be carried or transported.

    The action by Kennesaw's attorneys came in response to a letter from firearms right organization GeorgiaCarry.org, which pointed out that the revised state law preempted the council's prohibition on guns in parks.

    He said in a letter to GeorgiaCarry.org's attorney, John Monroe of Roswell, that the mayor and City Council of Kennesaw have agreed to consider repealing the ordinance and that therefore, "no legal action is necessary to cure this contradiction between the preempting state statute and this city ordinance" and that Kennesaw now considers "this matter closed."

    Fred Bentley Jr., of the Marietta-based Bentley, Bentley & Bentley law firm that represents the City of Kennesaw, said he did not know how long the Kennesaw ordinance has been on the books but the Georgia Legislature has reserved the right for itself to determine where firearms can be carried.

    "The state law says the state is the only one that can control where weapons are controlled," Bentley said. "The city's powers come through the sate. Now we are trying to avoid a lawsuit. The city is not happy about it."

    GeorgiaCarry.org President Ed Stone said "we believe it is important for Kennesaw and other cities to comply" with state law.

    "Georgians should not have to research the minutiae of local ordinances while visiting cities and counties throughout Georgia," he said.

    Since the city of Kennesaw has complied with his group's demands, he said no legal action will be taken. He said his group has similar litigation against Coweta County pending in the Georgia Court of Appeals.

    Bentley said the city of Kennesaw believes "it is in the best interest of the city to be able to decide where guns can be carried, to protect children. We believe the state law is absolutely wrong, that you ought to be able to ban guns from parks. We don't want to have guns in parks. It's not safe."

    He said he couldn't remember when or why the Kennesaw ordinance was passed but he thought it was in response to a parent toting a gun at a football or basketball game

    "The city certainly still believes in upholding the right to bear arms," Bentley said. "But the state law says no city or county may pass an ordinance with respect to guns in pubic places."

    He said the city had been threatened by a federal court suit "to challenge our right to control weapons in city parks."

    Bentley said it is his understanding that even when the ordinance is repealed, law enforcement officers and people who have obtained permits to carry guns will be allowed to do so in city parks.

    The city ordinance bans firearms or knives, said Sims, who works for the Bentley firm.

    Monroe said the state law allows cities and counties to regulate the discharging of firearms, the carrying of firearms by their own employees, and allows cities to require heads of households to own firearms.

    "Other than that," Monroe said, "state law doesn't permit firearm regulation in any way at all."

    He said GeorgiaCarry.org is a nonprofit group whose members believe in the right to keep and bear arms. He said his letter to Kennesaw attorneys, which led to their appeal to city officials, had nothing to do with the 1982 Kennesaw law requiring heads of households to own firearms.



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    State Researcher dng's Avatar
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    Great news. Now I really feel like moving there!

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    A second news story appeared today on the cover of the Cobb section of the Marietta Daily Journal.

    Here is the online version.

    http://www.mdjonline.com/89/10269001.txt





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    From the end of the article:




    GeorgiaCarry.org President Ed Stone said he is pleased to see Kennesaw take steps to change its ordinance, but said the organization would pursue legal action if the city failed to act.

    "We will of course follow up to see if they follow through with the attorney's recommendation," he said. "We will be present at City Council meetings."

    GeorgiaCarry.org is presently suing Coweta County over a similar ordinance. The suit is pending appeal in the Georgia Court of Appeals.

    Stone said the organization has contacted several other Georgia cities and counties about changes to similar firearms ordinances. He said Gwinnett, Forsyth, and Lee counties have each repealed their ordinances.

    "We're not ashamed of anything we're doing," he said. "We think it's important for people to protect themselves while visiting state and local parks. Georgia firearms license holders are notoriously safe."

    Stone said GeorgiaCarry.org pursues changing city and county ordinances as organization members bring issues to their attention.

    "Every one we pursue is for the benefit of a member who was affected by this," he said.
    The reporter really, really wanted to know how this came to GCO's attention.

    I told her about the murder of my friend's daughter and toddler granddaughter, Whitney and Jordan Land, who were kidnapped from a county park and left burning in their car in another county park, but that did not make it into the story.




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