Reversal Issued By Georgia Supreme Court On Open Carry Ban At Atlanta Botanical Garden

BY Herschel Smith
1 month, 1 week ago

It’s an odd case, but interesting.

Dawsonville attorney John Monroe—a founder, board member and corporate officer of GeorgiaCarry who represents Evans—said he is confident that a careful review of the garden’s lease with the city will make it clear that the garden is prohibited by state law from banning guns on its premises.

“We never argued it as a Second-Amendment issue,” said Monroe, who said he helped to write the 2014 amendment that forms the basis for the high court’s reversal. “It was really about an interpretation of state law. … The idea was, if you are going to lease public property, you should not have the same right that private property owners have to exclude firearms.”

Monroe said the 2014 amendment is in keeping with a separate state law barring cities and counties from introducing or enforcing their own gun regulations.

GeorgiaCarry sued the botanical garden five years ago after one of its members twice visited the venue in 2014 while openly carrying a gun in a holster on his waistband. On his second visit, police escorted member Phillip Evans from the premises. GeorgiaCarry subsequently filed suit challenging the garden’s gun ban. A Fulton County judge dismissed the case, but the high court reversed, claiming the dismissal was improper.

I’d never thought about this before, but it makes perfect sense.  Someone who leases property doesn’t own the property, and therefore doesn’t have the right to forbid perfectly constitutional and legal activities on that property.  Only the owner does.


Comments

  1. On October 8, 2019 at 11:27 am, Fred said:

    Gun Owners are the new Negro.

    TN goes a step further but specifically to multi-family tenant dwellings (read: apartments, mostly) where the property owner can’t ban gun owners as a class of renters just like they can’t ban blacks. The law is not predicated upon the fact that the need for defense is no more a variable that one can control than the color of skin that one is born with but it should be.

    And there is your inherent right to defense, but, God demands defense of self and family/clan/tribe/Nation but does not demand that one be of a certain color of skin. Every time somebody wants to ban guns they are demanding that you violate your standing with God but also they are trying to violate your civil rights and make you as a new class of Negro servants.

    Honorable men don’t enslave their fellows. You have zero duty to comply with any gun control whatsoever.

  2. On October 8, 2019 at 12:22 pm, Frank Clarke said:

    “Someone who leases property … doesn’t have the right to forbid perfectly constitutional and legal activities on that property. Only the owner does.”

    Unless the owner is ‘government’, in which case even the owner doesn’t have the power (not right — governments don’t have rights).

    I think the same argument could be made about corporations, the existence of which is due entirely to a government charter. A charter-issuer cannot (logically) grant to a charter-recipient more power than the issuer possesses. If you so badly desire to forbid guns on corporate property it will cost you your limited liability protection. You cannot both limit your own liability and deny me my rights.

  3. On October 8, 2019 at 1:21 pm, Herschel Smith said:

    @Frank,

    That’s why the attorney argued this under the 2A.

  4. On October 9, 2019 at 2:17 pm, Joe A said:

    Minnesota has a law that’s much the reverse of that: the owner of jointly occupied property cannot ban guns, only the individual tenants can. I.e. the shopping mall can’t post, but each individual merchant can.

  5. On October 10, 2019 at 10:00 am, Phillip Evans said:

    Thank you, Herschel. It’s nice after five years to finally get victory in general, as most leases of state and local public property in use for the public does not grant ownership rights to the lessee. Specifically for the Atlanta Botanical Garden, we will need to wait for a judge to rule on the lease or have the Garden concede to save time and money.

    I’m frankly shocked, but very appreciative that all participating Justices ruled in my favor. They reversed both Fulton Superior Court and the Georgia Court of Appeals.

    This is a win for strengthening state preemption, and for especially upholding our liberty and human right of self-defense.

  6. On October 10, 2019 at 7:13 pm, Phillip Evans said:

    Please see my victory article here: https://pursuitofpatriotism.blogspot.com/2019/10/atlanta-botanical-garden-gun-rights.html

RSS feed for comments on this post. TrackBack URL

Leave a comment


You are currently reading "Reversal Issued By Georgia Supreme Court On Open Carry Ban At Atlanta Botanical Garden", entry #22032 on The Captain's Journal.

This article is filed under the category(s) Second Amendment and was published October 7th, 2019 by Herschel Smith.

If you're interested in what else the The Captain's Journal has to say, you might try thumbing through the archives and visiting the main index, or; perhaps you would like to learn more about TCJ.

26th MEU (10)
Abu Muqawama (12)
ACOG (2)
ACOGs (1)
Afghan National Army (36)
Afghan National Police (17)
Afghanistan (679)
Afghanistan SOFA (4)
Agriculture in COIN (3)
AGW (1)
Air Force (34)
Air Power (9)
al Qaeda (83)
Ali al-Sistani (1)
America (17)
Ammunition (82)
Animals (43)
Ansar al Sunna (15)
Anthropology (3)
Antonin Scalia (1)
AR-15s (192)
Arghandab River Valley (1)
Arlington Cemetery (2)
Army (74)
Assassinations (2)
Assault Weapon Ban (27)
Australian Army (6)
Azerbaijan (4)
Backpacking (2)
Badr Organization (8)
Baitullah Mehsud (21)
Basra (17)
BATFE (83)
Battle of Bari Alai (2)
Battle of Wanat (18)
Battle Space Weight (3)
Bin Laden (7)
Blogroll (2)
Blogs (16)
Body Armor (18)
Books (3)
Border War (11)
Brady Campaign (1)
Britain (38)
British Army (35)
Camping (4)
Canada (2)
Castle Doctrine (1)
Caucasus (6)
CENTCOM (7)
Center For a New American Security (8)
Charity (3)
China (10)
Christmas (10)
CIA (27)
Civilian National Security Force (3)
Col. Gian Gentile (9)
Combat Outposts (3)
Combat Video (2)
Concerned Citizens (6)
Constabulary Actions (3)
Coolness Factor (2)
COP Keating (4)
Corruption in COIN (4)
Council on Foreign Relations (1)
Counterinsurgency (216)
DADT (2)
David Rohde (1)
Defense Contractors (2)
Department of Defense (148)
Department of Homeland Security (23)
Disaster Preparedness (3)
Distributed Operations (5)
Dogs (12)
Donald Trump (25)
Drone Campaign (3)
EFV (3)
Egypt (12)
El Salvador (1)
Embassy Security (1)
Enemy Spotters (1)
Expeditionary Warfare (17)
F-22 (2)
F-35 (1)
Fallujah (17)
Far East (3)
Fathers and Sons (2)
Favorite (1)
Fazlullah (3)
FBI (29)
Featured (180)
Federal Firearms Laws (18)
Financing the Taliban (2)
Firearms (1,034)
Football (1)
Force Projection (35)
Force Protection (4)
Force Transformation (1)
Foreign Policy (27)
Fukushima Reactor Accident (6)
Ganjgal (1)
Garmsir (1)
general (15)
General Amos (1)
General James Mattis (1)
General McChrystal (43)
General McKiernan (6)
General Rodriguez (3)
General Suleimani (7)
Georgia (19)
GITMO (2)
Google (1)
Gulbuddin Hekmatyar (1)
Gun Control (1,091)
Guns (1,536)
Guns In National Parks (3)
Haditha Roundup (10)
Haiti (2)
HAMAS (7)
Haqqani Network (9)
Hate Mail (8)
Hekmatyar (1)
Heroism (4)
Hezbollah (12)
High Capacity Magazines (13)
High Value Targets (9)
Homecoming (1)
Homeland Security (1)
Horses (1)
Humor (22)
ICOS (1)
IEDs (7)
Immigration (84)
India (10)
Infantry (4)
Information Warfare (2)
Infrastructure (2)
Intelligence (23)
Intelligence Bulletin (6)
Iran (169)
Iraq (379)
Iraq SOFA (23)
Islamic Facism (62)
Islamists (92)
Israel (18)
Jaish al Mahdi (21)
Jalalabad (1)
Japan (2)
Jihadists (80)
John Nagl (5)
Joint Intelligence Centers (1)
JRTN (1)
Kabul (1)
Kajaki Dam (1)
Kamdesh (9)
Kandahar (12)
Karachi (7)
Kashmir (2)
Khost Province (1)
Khyber (11)
Knife Blogging (4)
Korea (4)
Korengal Valley (3)
Kunar Province (20)
Kurdistan (3)
Language in COIN (5)
Language in Statecraft (1)
Language Interpreters (2)
Lashkar-e-Taiba (2)
Law Enforcement (3)
Lawfare (7)
Leadership (6)
Lebanon (6)
Leon Panetta (2)
Let Them Fight (2)
Libya (14)
Lines of Effort (3)
Littoral Combat (8)
Logistics (50)
Long Guns (1)
Lt. Col. Allen West (2)
Marine Corps (258)
Marines in Bakwa (1)
Marines in Helmand (67)
Marjah (4)
MEDEVAC (2)
Media (43)
Memorial Day (5)
Mexican Cartels (35)
Mexico (49)
Michael Yon (5)
Micromanaging the Military (7)
Middle East (1)
Military Blogging (26)
Military Contractors (4)
Military Equipment (24)
Militia (5)
Mitt Romney (3)
Monetary Policy (1)
Moqtada al Sadr (2)
Mosul (4)
Mountains (25)
MRAPs (1)
Mullah Baradar (1)
Mullah Fazlullah (1)
Mullah Omar (3)
Musa Qala (4)
Music (19)
Muslim Brotherhood (6)
Nation Building (2)
National Internet IDs (1)
National Rifle Association (64)
NATO (15)
Navy (22)
Navy Corpsman (1)
NCOs (3)
News (1)
NGOs (2)
Nicholas Schmidle (2)
Now Zad (19)
NSA (3)
NSA James L. Jones (6)
Nuclear (57)
Nuristan (8)
Obama Administration (219)
Offshore Balancing (1)
Operation Alljah (7)
Operation Khanjar (14)
Ossetia (7)
Pakistan (165)
Paktya Province (1)
Palestine (5)
Patriotism (6)
Patrolling (1)
Pech River Valley (11)
Personal (60)
Petraeus (14)
Pictures (1)
Piracy (13)
Pistol (2)
Pizzagate (21)
Police (427)
Police in COIN (3)
Policy (15)
Politics (474)
Poppy (2)
PPEs (1)
Prisons in Counterinsurgency (12)
Project Gunrunner (20)
PRTs (1)
Qatar (1)
Quadrennial Defense Review (2)
Quds Force (13)
Quetta Shura (1)
RAND (3)
Recommended Reading (14)
Refueling Tanker (1)
Religion (166)
Religion and Insurgency (19)
Reuters (1)
Rick Perry (4)
Rifles (1)
Roads (4)
Rolling Stone (1)
Ron Paul (1)
ROTC (1)
Rules of Engagement (75)
Rumsfeld (1)
Russia (29)
Sabbatical (1)
Sangin (1)
Saqlawiyah (1)
Satellite Patrols (2)
Saudi Arabia (4)
Scenes from Iraq (1)
Second Amendment (271)
Second Amendment Quick Hits (2)
Secretary Gates (9)
Sharia Law (3)
Shura Ittehad-ul-Mujahiden (1)
SIIC (2)
Sirajuddin Haqqani (1)
Small Wars (72)
Snipers (9)
Sniveling Lackeys (2)
Soft Power (4)
Somalia (8)
Sons of Afghanistan (1)
Sons of Iraq (2)
Special Forces (28)
Squad Rushes (1)
State Department (20)
Statistics (1)
Sunni Insurgency (10)
Support to Infantry Ratio (1)
Supreme Court (5)
Survival (27)
SWAT Raids (54)
Syria (38)
Tactical Drills (1)
Tactical Gear (4)
Taliban (167)
Taliban Massing of Forces (4)
Tarmiyah (1)
TBI (1)
Technology (17)
Tehrik-i-Taliban (78)
Terrain in Combat (1)
Terrorism (95)
Thanksgiving (8)
The Anbar Narrative (23)
The Art of War (5)
The Fallen (1)
The Long War (20)
The Surge (3)
The Wounded (13)
Thomas Barnett (1)
Transnational Insurgencies (5)
Tribes (5)
TSA (18)
TSA Ineptitude (11)
TTPs (1)
U.S. Border Patrol (5)
U.S. Border Security (14)
U.S. Sovereignty (17)
UAVs (2)
UBL (4)
Ukraine (3)
Uncategorized (56)
Universal Background Check (3)
Unrestricted Warfare (4)
USS Iwo Jima (2)
USS San Antonio (1)
Uzbekistan (1)
V-22 Osprey (4)
Veterans (3)
Vietnam (1)
War & Warfare (220)
War & Warfare (40)
War Movies (3)
War Reporting (19)
Wardak Province (1)
Warriors (6)
Waziristan (1)
Weapons and Tactics (63)
West Point (1)
Winter Operations (1)
Women in Combat (21)
WTF? (1)
Yemen (1)

November 2019
October 2019
September 2019
August 2019
July 2019
June 2019
May 2019
April 2019
March 2019
February 2019
January 2019
December 2018
November 2018
October 2018
September 2018
August 2018
July 2018
June 2018
May 2018
April 2018
March 2018
February 2018
January 2018
December 2017
November 2017
October 2017
September 2017
August 2017
July 2017
June 2017
May 2017
April 2017
March 2017
February 2017
January 2017
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006

about · archives · contact · register

Copyright © 2006-2019 Captain's Journal. All rights reserved.