Ga. Supreme Court tosses gun carry group’s lawsuit

[private]The Georgia Supreme Court unanimously dismissed Monday a lawsuit by GeorgiaCarry that sought to rewrite state law so that firearms could be carried in school safety zones.

The high court upheld a Fulton County judge’s earlier decision to throw out the lawsuit that claimed a conflict in two bills passed by the General Assembly opened up school zones to firearms.

“GeorgiaCarry.Org was not entitled to relief under any state of provable facts alleged in the amended complaint, there was no actual controversy which would have authorized a declaratory judgment, and the trial court did not err by granting [the Commission’s] motion to dismiss,” said the opinion written by Chief Justice Hugh Thompson.

The lawsuit was prompted by the passage in 2014 of two gun carry bills, HB 826 and HB 60. Gov. Nathan Deal signed HB 826 into law first, and then signed HB 60 a day later.

GeorgiaCarry’s lawyers contended that the language in HB 826 allowed guns to be carried in school safety zones. The language of HB 60, however, specifically prohibited the carrying of firearms in school safety zones unless a licensed gun owner “carries or picks up a student within a school safety zone.”

The lawsuit asked the courts to force Georgia’s Code Revision Commission to rewrite state law so that firearms can be carried in school zones. The trial court and the Supreme Court both ruled that the language in HB 60, which was signed into law later, supersedes conflicting language in HB 826.

“Accordingly, the two statutes cannot stand together and the provisions of House Bill 826 . . . related to the carrying of firearms in a school safety zone did not survive the subsequent enactment of House Bill 60,” the Supreme Court said.

© 2016 by The Georgia Report


Tags: Georgia Supreme Court , gun carry laws