• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Hit this poll on the Atlanta Airport gun ban repeal!

M

Malum Prohibitum

Regular Member
Joined
Sep 9, 2006
Messages
947
Location
, ,
imported post

UPDATE: Hit this poll: http://www.ajc.com/business/content/business/stories/2008/06/30/airport_gun_showdown.html?cxntlid=homepage_tab_newstab






MEDIA ADVISORY Contact: Herschel Grangent
June 30, 2008 (404) 925-6815




Atlanta Mayor, Airport GM Declare Airport a Gun-Free Zone


WHO: Mayor Shirley Franklin, City of Atlanta, Hartsfield-Jackson General Manager Ben DeCosta

WHAT: On the first day that House Bill 89 becomes law Atlanta’s mayor and Hartsfield-Jackson’s aviation general manager will discuss their position on the bill and how it will affect the Airport at a 10 a.m. press conference in the Airport’s atrium.

Legislation signed on May 14, 2008 expanded the rights of citizens who have Georgia firearm licenses. This law gives Georgia residents with firearm licenses permission to bring concealed weapons onto public transportation, in parks and recreational areas and into restaurants that serve alcohol.


WHEN: Tuesday, July 1, 2008, 10 a.m.

WHERE: Airport Atrium Clock Tower
6000 North Terminal Parkway, Atlanta, GA 30320



# # #
 
M

Mike

Site Co-Founder
Joined
May 13, 2006
Messages
8,706
Location
Fairfax County, Virginia, USA
imported post

The press release is incorrect - HB 89 gives permit holders the right to carry openly or concealed in airports, restaurants, and busses, right?
 
J

Jonas Salk

Regular Member
Joined
Jun 30, 2008
Messages
26
Location
Dallas, Georgia, USA
imported post

Lonnie Wilson wrote:
He can't. Georgia's "public gathering" law would still apply.
Click to expand...
Correct, Malum would be disallowed from carrying at the press conference. Bearden and Malum, however, can carry so long as they does not enter a prohibited area or attempt to carry at the press conference.

Guys, be smart. Do not carry at places where it is questionably legal for you to do so. Wait until Tim Bearden clears it up first, then follow his example if no harm comes of him. No sense getting arrested and charged with a misdemeanor for no reason.
 
U

Unclebuck

Regular Member
Joined
Jun 10, 2008
Messages
16
Location
Flowery Branch, Georgia, USA
imported post

How about some sort of protest at the airport. I am tired of Shirley Franklin's mouth.

I will keep my gun at home when she gives her body guards sling shots instead of firearms.
 
J

Jonas Salk

Regular Member
Joined
Jun 30, 2008
Messages
26
Location
Dallas, Georgia, USA
imported post

I've been listening to the radio since I woke up. So far, just talk of Bearden saying he's going to sue the city. I'm not sure if he went through with going to the airport armed, but it could come later in the day. Nothing on the TV news stations about it.
 
E

exgabrit

Regular Member
Joined
Jan 23, 2008
Messages
178
Location
Alpharetta, Georgia, USA
imported post

These days just the threat of lawsuit gives the anti folks a cause to back down, i.e. City of Milton.

I read a few peoples comments on other sites, saying why would any one want to carry to the airport? my answer being why not? we are lawful and don't feel the need to disarm re-arm, we want to just go about our business.
 
R

RedKnightt

Regular Member
Joined
Nov 11, 2007
Messages
336
Location
Herndon, Virginia, USA
imported post

According to the AJC, Bearden is going to let the court settle it. I think the Airport manager and Atlanta's mayor are pretty muched hosed on this one.

http://www.ajc.com/business/content/business/stories/2008/06/30/airport_gun_showdown.html?cxntlid=homepage_tab_newstab

--RedKnightt--

Zombie Squad has it right: "We hold fast to the belief that if you are prepared for a scenario where the walking corpses of your family and neighbors are trying to eat you alive, you will be prepared for almost anything."
 
M

Malum Prohibitum

Regular Member
Joined
Sep 9, 2006
Messages
947
Location
, ,
imported post

Lonnie Wilson wrote:
He can't. Georgia's "public gathering" law would still apply.
Click to expand...

No, it would not. That is what the City of Atlanta is claiming, but if that were true then everybody checking a firearm in baggage would be arrested.

You cannot even get on a MARTA train without entering a public building.

Please keep in mind that HB 89 had as its last section a repeal of all laws and parts of laws in conflict with HB 89.
 
W

Wynder

State Researcher
Joined
Jul 31, 2007
Messages
1,241
Location
Bear, Delaware, USA
imported post

Malum Prohibitum wrote:
Lonnie Wilson wrote:
He can't. Georgia's "public gathering" law would still apply.
Click to expand...

No, it would not. That is what the City of Atlanta is claiming, but if that were true then everybody checking a firearm in baggage would be arrested.

You cannot even get on a MARTA train without entering a public building.

Please keep in mind that HB 89 had as its last section a repeal of all laws and parts of laws in conflict with HB 89.
Click to expand...
Reading the case law, there's a distinction made between a "public gathering" and a "public place" -- ultimately, the gathering happens in a public place, but it's most likely going to be a matter of narrow opinion when it comes to defining it.

For instance, though McDonald's is a public place and people gather there, it is not a public gathering as interpreted by the courts; however, church services, sporting events and (I'd opine) a press conference probably would be considered as such.
 
E

exgabrit

Regular Member
Joined
Jan 23, 2008
Messages
178
Location
Alpharetta, Georgia, USA
imported post

can someone point out where in georgia code 16-11-127 it says anything about public gathering, i can't see anything. The only place I see it is on the back on my GFL. But, it also says that if you do carry in to a public gathering, i.e. airport, if you tell LEO right away, its a defence against prosecution. so therefore, the ban at the airport being based upon 16-11-127 is thus flawed. i wouldn't personally push the argument at the airport, but their basis is flimsy.



 
W

Wynder

State Researcher
Joined
Jul 31, 2007
Messages
1,241
Location
Bear, Delaware, USA
imported post

exgabrit wrote:
can someone point out where in georgia code 16-11-127 it says anything about public gathering, i can't see anything. The only place I see it is on the back on my GFL. But, it also says that if you do carry in to a public gathering, i.e. airport, if you tell LEO right away, its a defence against prosecution. so therefore, the ban at the airport being based upon 16-11-127 is thus flawed. i wouldn't personally push the argument at the airport, but their basis is flimsy.
Click to expand...
According to the case law that was presented by GeorgiaCarry, an airport is not a public gathering. People do not go to the airport to gather where as they do for church services or a sporting event, for example.
 
E

exgabrit

Regular Member
Joined
Jan 23, 2008
Messages
178
Location
Alpharetta, Georgia, USA
imported post

I actually looked "gathering" up in the dictionary, it just says group or crowd basically. if we go by that, we can't go outside our four walls.

my interpretation is that it's a collective group of like minded people who generally know each other, although likeminded doesn't mean everyone is grouped as travelers on planes.

Wynder wrote:
exgabrit wrote:
can someone point out where in georgia code 16-11-127 it says anything about public gathering, i can't see anything. The only place I see it is on the back on my GFL. But, it also says that if you do carry in to a public gathering, i.e. airport, if you tell LEO right away, its a defence against prosecution. so therefore, the ban at the airport being based upon 16-11-127 is thus flawed. i wouldn't personally push the argument at the airport, but their basis is flimsy.
Click to expand...
According to the case law that was presented by GeorgiaCarry, an airport is not a public gathering. People do not go to the airport to gather where as they do for church services or a sporting event, for example.
Click to expand...
 
W

Wynder

State Researcher
Joined
Jul 31, 2007
Messages
1,241
Location
Bear, Delaware, USA
imported post

exgabrit wrote:
I actually looked "gathering" up in the dictionary, it just says group or crowd basically. if we go by that, we can't go outside our four walls.

my interpretation is that it's a collective group of like minded people who generally know each other, although likeminded doesn't mean everyone is grouped as travelers on planes.
Click to expand...
Firstly, you'll want to use the two words in conjunction with another because "gathering" really isn't a legal term -- I pulled my copy of Black's Law Dictionary (8th Edition) from the shelf, and it doesn't even define the word. Phrases like these are defined in the statutes themselves or, if they aren't, they're defined by court decisions.

For instance, in State v. Burns, 200 Ga. App. 16 (1991), the court held that arrest of a person with a firearms license for carrying a deadly weapon to a McDonalds was not carrying to a public gathering, even if people did gather around the person carrying.

But please trust when I say that, when it comes to matters that have legal ramifications, get your interpretations from laws and court rulings -- researching State v. Burns would be a great place to start.
 
E

exgabrit

Regular Member
Joined
Jan 23, 2008
Messages
178
Location
Alpharetta, Georgia, USA
imported post

I actually looked up state v burns the other day, didn't put 2 and 2 together.
If it went to court, Atlanta Airport I think is on the loosing side before the opening statements have finished.

Wynder wrote:
exgabrit wrote:
I actually looked "gathering" up in the dictionary, it just says group or crowd basically. if we go by that, we can't go outside our four walls.

my interpretation is that it's a collective group of like minded people who generally know each other, although likeminded doesn't mean everyone is grouped as travelers on planes.
Click to expand...
Firstly, you'll want to use the two words in conjunction with another because "gathering" really isn't a legal term -- I pulled my copy of Black's Law Dictionary (8th Edition) from the shelf, and it doesn't even define the word. Phrases like these are defined in the statutes themselves or, if they aren't, they're defined by court decisions.

For instance, in State v. Burns, 200 Ga. App. 16 (1991), the court held that arrest of a person with a firearms license for carrying a deadly weapon to a McDonalds was not carrying to a public gathering, even if people did gather around the person carrying.

But please trust when I say that, when it comes to matters that have legal ramifications, get your interpretations from laws and court rulings -- researching State v. Burns would be a great place to start.
Click to expand...
 
W

Wynder

State Researcher
Joined
Jul 31, 2007
Messages
1,241
Location
Bear, Delaware, USA
imported post

exgabrit wrote:
I actually looked up state v burns the other day, didn't put 2 and 2 together.
If it went to court, Atlanta Airport I think is on the loosing side before the opening statements have finished.
Click to expand...
You think?

Granted, I don't live in Georgia -- but in most every other state, the non-secure zones of the airport are fair game for law-abiding gun owners. I'd think that as long as the plaintiff could prove that the intent of the airport is not for the congregation of people, they'd be golden.

Granted, people wind up getting stuck in the airport, but that's not the intent nor purpose. No doubt it would be an uphill battle from a public policy standpoint, but the judiciary in Georgia seems to be following the Constitution and interpreting the law if GeorgiaCarry's lawsuits are any indication.

I'd definitely keep my hopes up for you guys. :)
 
You must log in or register to reply here.
Top