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Thread: Federal Judge Upholds Gun Ban at Atlanta airport

  1. #1
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    http://www.foxnews.com/story/0,2933,374563,00.html

    ATLANTA— A federal judge on Monday upheld a gun ban at the world's busiest airport, dealing a blow to gun rights groups who argued a new Georgia law authorized them to carry weapons in certain parts of the Atlanta airport.


    U.S. District Judge Marvin Shoob expressed concern that allowing guns at Hartsfield-Jackson Atlanta International Airport could cause significant economic damage and could be a "serious threat to public safety and welfare."


    His decision rejected a request by GeorgiaCarry.org that would have temporarily allowed gun owners to carry their weapons in the airport until his final ruling on the gun ban — a challenge that could likely last months.


    The legal showdown erupted when the state law that allows people with a concealed weapons permit to carry guns into restaurants, state parks and on public transportation took effect on July 1.


    City officials quickly declared the airport a "gun-free zone" and warned that anyone carrying a gun there would be arrested.


    GeorgiaCarry.org sued the city and the airport, claiming that the airport qualifies as mass transportation under the new state law. Attorney John Monroe told the judge repeatedly that no law makes it a crime for residents with permits to bring their guns into terminals, parking lots and other unsecured areas.


    /**/ A U.S. Supreme Court ruling this year clarified that the Second Amendment guarantees individuals the right to own working guns, and struck down a Washington D.C. metro ban on private gun ownership.


    Gov. Sonny Perdue, who signed the bill into law in May, supports the lawsuit. The Republican suggested that his own wife might want to carry a firearm for long walks between the parking lot and the airport's terminal.


    City officials have angrily fired back, arguing that allowing some residents to carry guns at the airport could pose a dire threat to the millions of passengers it serves each year. Even an accidental firearm discharge, they say, could cause mayhem.


    "First, you're going to have a stampede," said Robert Kennedy, the airport's assistant general manager.


    Meanwhile, airport officials are quietly devising a backup plan.


    They have asked the Transportation Security Administration to amend the airport's federal security program so that guns are banned in all areas, including certain parking facilities.


    TSA officials said the agency is reviewing the request, the first such appeal it has ever received.


    Rep. Bennie Thompson, the chairman of the House Homeland Security Committee, has also urged the agency to strengthen its restrictions and warned that Congress could intervene if national regulations are not adopted.


    The judge's ruling was a defeat for GeorgiaCarry.org, a two-year-old group that has won a string of victories reversing city and county firearm restrictions around the state.


    But state Rep. Tim Bearden, a Republican who co-sponsored the law, said it was only a temporary setback.


    "In the long run, the Constitution always prevails," said Bearden, a former police officer who wore a yellow tie imprinted with the document's words. "At least, it's supposed to."

  2. #2
    Campaign Veteran deepdiver's Avatar
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    Oh nice. The judge ruled that the Constitution and state law contradict a policy decision so we should go with the policy instead.

    Appointed by Jimmah Cahtah in 1979 (why am I NOT surprised).

    He received an award because "Judge Marvin H. Shoob of U.S. District Court in Atlanta, a fierce defender of the freedoms guaranteed in the Bill of Rights, will receive the Georgia First Amendment Foundation's annual Charles L. Weltner Freedom of Information Award".

    Apparently he doesn't actually defend all of the Bill of Rights, just the ones he likes. His disdain for the 2A is obvious.

    A story about what a fierce defender of the BOR he is:
    http://www.gfaf.org/newsletters/winter_07_shoob.html

    Bob Owens @ Bearing Arms (paraphrased): "These people aren't against violence; they're very much in favor of violence. They're against armed resistance."

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    Shoob only dismissed GCO's request for a Temporary Restraining Order against the city of Atlanta from arresting gun carriers until the full case goes to court later. Shoob is only maintaining the current status quo, so we haven't lost anything, just not gained what we wanted.

    The primary lawsuit is still ongoing, nothing has changed.



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    Yeah, what Shamalamaadingdong said. Fight's not over fellers.

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    Campaign Veteran skidmark's Avatar
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    shamalama wrote:
    Shoob only dismissed GCO's request for a Temporary Restraining Order against the city of Atlanta from arresting gun carriers until the full case goes to court later. Shoob is only maintaining the current status quo, so we haven't lost anything, just not gained what we wanted.

    The primary lawsuit is still ongoing, nothing has changed.

    Thanks for the clarification - based on the news article it sure sounded like things had taken a decidedly downhill turn.

    It's strange to see Fox News so sloppy in their reporting. It's something I would have expexted from CNN or the "major networks."

    stay safe.

    skidmark
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

    "No matter how much contempt you have for the media in all this, you don't have enough"
    ----Allahpundit

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    Campaign Veteran deepdiver's Avatar
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    His maintaining the status quo does not in any way negate the fact that he chose policy over BOR in his TRO decision. To adjudicate that policy has an over riding interest above the BOR and therefore denying the TRO is abhorrent. Had this been about protesting at the airport for example, ie a 1A matter, I can guarantee from my research into his history that he would have pounded his gavel and made broad statements about the sanctity of the BOR and citizen rights protected thereunder.
    Bob Owens @ Bearing Arms (paraphrased): "These people aren't against violence; they're very much in favor of violence. They're against armed resistance."

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    This whole situation, which now involves the Committee on Homeland Security, TSA and their chair, Rep. Bennie Thompson, really disturbs me. Mike started a post on this in Hot Topics. This is not right, folks. My guess is that nothing is going to happen on the TSA side until after the elections. The DHS political appointees don't care right now and the DHS worker-bees can't get anything done without the political appointees. Shirley Franklin, Atlanta's mayor is trying to scratch Bennie's back. As I said on Georgia-Packing, Shirley and Bennie are two peas in a pod.

    More fuel.. Bennie does not look like a friend to Georgia. Read on...

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    Short article about airport gun carry.
    ""Under federal law, it's illegal everywhere to try to carry a gun through a security checkpoint. The rest of the terminal, however, has long been the domain of state and local authorities.""
    http://www.11alive.com/news/local/st...3&catid=40


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