The GreenBelt wraps around the backside of Carrollton Junior High School. Carrollton Mayor Wayne Garner has chosen to let the courts decide if weapons should be allowed on the GreenBelt. (Photo by Cliff Williams/Times-Georgian)
James Camp, representing GeorgiaCarry.org, a gun rights organization, hand-delivered a letter to the mayor on Jan. 18, challenging a city ordinance that prohibits firearms on the GreenBelt trail and another which says parade participants cannot carry firearms. The organization claims that the city ordinances conflict with a Georgia state pre-emption law, which says that the General Assembly has the sole power to make laws on where weapons can be carried.
A similar letter was presented to the Carroll County Board of Commissioners, challenging a county ordinance which gave the commission chairman the right to suspend sales, distribution, dispensing and transportation of “firearms, alcoholic beverages, explosives and combustible products” during a local disaster or emergency. In its Feb. 5 meeting, the BOC voted to eliminate the word “firearms” from the ordinance.
In recommending the elimination of firearms from the ordinance, County Attorney Cynthia Daley said she could think of no incidences where the ordinance would be used.
But Garner has a differing opinion concerning firearms on the city’s planned 16-mile walking and biking trail, of which 3.5 miles have already been constructed.
“I have grave concerns, as do members of the school board, about allowing firearms on the GreenBelt,” Garner said. “The trail goes through the middle of city school property, within 20 feet of the Castle playground and through recreation fields. It goes by thousands of children out playing, and I don’t think it’s a place for guns. I think it’s the dumbest thing we could do — to let people carry guns through school property.
“I’m a supporter of the Second Amendment,” he said. “I own guns and I hunt, but I think someone needs to exercise some common sense. If somebody is afraid to ride a bicycle without guns, I suggest they stay home.”
Garner said he’s not sure if GeorgiaCarry will file a legal challenge.
“But before I put that on the agenda and vote on it, I’m going to let the court tell me what to do,” he said.
Camp said Thursday that GeorgiaCarry is currently conferring with its legal counsel to decide what its next step will be.
“I’m disappointed that the mayor has seen fit to burden taxpayers by upholding these illegal ordinances,” he said. “Case law and statutory law are perfectly clear in this matter, that municipalities cannot pass or enforce any ordinances that regulate the possession or carrying of firearms, regardless of how city officials feel.”
Camp noted that the Georgia Court of Appeals ruled in favor of GeorgiaCarry in a 2007 against Coweta County.
“We’ve also won similar cases against the city of Atlanta and Fulton County, as well,” he said. “They had ordinances to prohibit firearms in their city and county parks, which were in conflict with state law.”
The U.S. Supreme Court on Jan. 7 declined to hear a GeorgiaCarry challenge of a Georgia law which forbids firearms in churches.
http://www.georgiacarry.com/county/coweta_parks/CA Decision.pdf
O.C.G.A.§ 16-11-173
Legislative findings; preemption of local regulation and lawsuits; exceptions
(a)(1) It is declared by the General Assembly that the regulation of firearms is properly an issue of general, state-wide concern.
(2) The General Assembly further declares that the lawful design, marketing, manufacture, and sale of firearms and ammunition to the public is not unreasonably dangerous activity and does not constitute a nuisance per se.
(b)(1) No county or municipal corporation, by zoning or by ordinance, resolution, or other enactment, shall regulate in any manner gun shows; the possession, ownership, transport, carrying, transfer, sale, purchase, licensing, or registration of firearms or components of firearms; firearms dealers; or dealers in firearms components.
In other words, if it isn't against the state law, the city is not allowed to deviate. It is not against the state law to carry on a green belt.
But it will get the city of Carrollton a nice fee from their attorney to defend an illegal ordinance.
The rest of the law can be found here: http://www.gacarry.org/cms/ga-code-detail/?title=16&chapter=11§ion=173
A body of a woman was found this afternoon in Spring Creek near Mall Road in Swatara Township, not far from the Harrisburg Greenbelt and the Dauphin County Prison.
Few details were available. Dauphin County First Assistant District Attorney Fran Chardo said the age of the woman was unclear because of decomposition. She may have been in the creek for more than two days.
Swatara Township police are investigating.
An autopsy is scheduled for Tuesday morning.
But no one EVER attacks innocent people at churches, here is a small sample list of murders and violence at churches.
Report Finds Over 1,200 Crimes Against Churches in 2009, Ethan Cole, Christian Post Reporter
May 4th, 2012: Two Dead, One Critical in Ellicott City, MD Church Shooting
April 25, 2012: New Destiny Center church in Aurora, crashed into a car, then fired at people who came to his aid. The shooting killed Josephine Echols, the mother of a pastor at the church, police said. Echols' nephew Antonio Milow, an off-duty Denver police officer who was attending a church service, then shot and killed Parker,
April 7, 2011: 1,000 Christians killed, churches burned Ivory Coast
Dec 28, 2010: Texas man sentenced 37 years for church bombing
Oct 25, 2009: Catholic Priest killed at St. Patricks Catholic Church in Chatham NJ
Aug 26, 2009: DA Says Anadarko OK Church Murder Most Shocking Case of Career
July 1, 2009: George Tiller Killed: Abortion Doctor Shot At Church, Kansas
2009: 1,237 crimes committed at Christian churches, 12 homicides, and 38 other violent crimes, 98 arsons etc, etc, reported crimes increased to 1,783 in 2010
July 27, 2008: fatal shooting took place at the Tennessee Valley Unitarian Universalist Church
Jan 23, 2008: fatal shooting in Trinity Evangelical Lutheran Church, PA
Dec 9 2007, Colorado Springs, New Life Church, 1 gunman 2 murdered, 3 injured, gunman stopped when armed woman shoots gunman, who then turns gun on self and commits suicide, while 100 other church members are in church.
August 12, 2007: A lone gunman, Eiken Elam Saimon, opened fire in a Missouri Micronesian church, killing a pastor and two other churchgoers.
May 20, 2007: 3 dead Moscow, Idaho, Presbyterian Church
Oct. 2, 2006, attack in Lancaster County, Pa., by a gunman who killed five girls and then himself at an Amish school targeted a religious site.
May 21, 2006: Louisiana. Four killed by a man at Jesus Christ Church.
Feb. 26, 2006: Michigan. Two killed at Zion Hope Missionary Baptist Church April 9, 2005: A 27-year-old airman died after being shot at a church in College Park, Ga.,
March 12, 2005: 7 killed Living Church of God in Milwaukee
Oct. 5, 2003: 3 killed Turner Monumental AME church in Kirkwood, east of Atlanta,.
Sept. 16, 1999: 7 killed Wedgewood Baptist Church in Fort Worth, Texas
1995 Waco TX BATF attacks religious compound killing
I wonder if Der Mayor would tell his police officers the same!
Are they a special protected class and us mere peasants have to stay at home!
How about instead of the Courts telling the Mayor what to do the voters do it instead.
Wonder how many guns go thru that school zone in pickup trucks and cars every day. After all the school is along one tenth of a mile of a 15 mile trail that winds thru swampland, woods, along the river, and beyond the railroad tracks.
Nah, there shouldn't be anything back in there to be afraid of. Let the wife take the kids thru there while you stay home and watch the game...
I for one will keep my gun hidden and go about my business!
I suppose the Mayor would like women to wet themselves if attacked....kind of sounds familiar.