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Thread: GeorgiaCarry.org Challenges Georgia Refusal to Issue Gun Carry Licenses to Nonresidents!

  1. #1
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    GCO has filed a class action in federal court, challenging the state law that prohibits issuing GFLs to nonresidents. The GCO member plaintiff, who is a resident of Wisconsin, sought to obtain a GFL for when he visits Georgia. The Fulton County Probate Court confirmed that he would not be permitted to apply.

    The case seeks to have the law ruled unconstitutional as violating the Privileges and Immunities Clause, the Militia Clause, the 2nd Amendment, and the 14th Amendment. The 2nd Amendment claim is bolstered by yesterday’s Supreme Court of the United States decision in Heller.

    The case is somewhat unusual in that it seeks to sue all the probate judges in Georgia in a class action, with the class being the defendant judges. Class actions usually have a plaintiff class against a single defendant. Before the case can proceed as a class action, the federal judge to whom the case is assigned will have to certify the class.

    http://www.georgiacarry.org/cms/2008...o-nonresidents

    http://www.ajc.com/metro/content/pri...7/03/guns.html


  2. #2
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    an interesting way to get incorporation.

  3. #3
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    GCO has been very busy, im proud to be a member.

  4. #4
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    Boy, no kidding.

    You guys didn't waste ANY time....
    Why open carry? Because 1911 > 911.

  5. #5
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    ilbob wrote:
    an interesting way to get incorporation.
    I dopn;t think the court will reach that issue - priv. and Imm. violation is clear and requires no new constitutional law making.

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    Mike wrote:
    ilbob wrote:
    an interesting way to get incorporation.
    I dopn;t think the court will reach that issue - priv. and Imm. violation is clear and requires no new constitutional law making.
    We are certainly asking . . .

  7. #7
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    Malum Prohibitum wrote:
    Mike wrote:
    ilbob wrote:
    an interesting way to get incorporation.
    I dopn;t think the court will reach that issue - priv. and Imm. violation is clear and requires no new constitutional law making.
    We are certainly asking . . .
    And that's the beauty of suing now! Many or most judges will avoid like the plague ruling on incorporation if they can and be mor elikley to grant relief on other grounds! This helps us a lot!!!

  8. #8
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    I'll be closely following this one! I spend a lot of time in Georgia now due to work scheduling and will happily persue a permit once able.

  9. #9
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    Baradium wrote:
    I'll be closely following this one! I spend a lot of time in Georgia now due to work scheduling and will happily persue a permit once able.

    Just as an update - They have filed a motion to dismiss on the ground that the nonresident never applied. The law forbids his application, and the Clerk of the Probate Court informed us in writing that he would not be permitted to apply.

    The law generally does not require a futile act.

    If the motion is successful, he will apply, and the lawsuit will simply be refiled. He may apply anyway if he is visiting before the court rules (he visits frequently).


  10. #10
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    So, has this P & I attack lasted more than 5 minutes?

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