Post by Logan on May 9, 2016 8:17:43 GMT -6
The Georgia Supreme Court has ruled in favor of a gun rights group that sued the Atlanta Botanical Garden over the issue of patrons carrying weapons when they visit the Midtown Atlanta attraction.
The unanimous decision released today did not say Phillip Evans, a member of GeorgiaCarry.org, could bring his firearm on his next trip to the garden. Instead the ruling, written by Justice Carol Hunstein, said the lower court should not have dismissed the lawsuit on the grounds that it did and the justice sent the matter back to the lower court to reconsider.
GeorgiaCarry.org can proceed with its lawsuit, the justices said.
A Fulton County Superior Court had dismissed Evans’ suit on the grounds that a judge could not preempt the garden from seeking criminal charges against someone, who has a permit, for simply carrying a weapon. The Supreme Court said the judge in this case was wrong because the garden was not a government entity and did not have the authority to bring criminal charges.
The case began in in October 2014 when Evans wore his holstered gun during a visit with his family to the Atlanta Botanical Garden.
Read more: www.ajc.com/news/news/local/ga-supreme-court-allows-suit-to-allow-guns-in-gard/nrKCb/?ref=cbTopWidget
The unanimous decision released today did not say Phillip Evans, a member of GeorgiaCarry.org, could bring his firearm on his next trip to the garden. Instead the ruling, written by Justice Carol Hunstein, said the lower court should not have dismissed the lawsuit on the grounds that it did and the justice sent the matter back to the lower court to reconsider.
GeorgiaCarry.org can proceed with its lawsuit, the justices said.
A Fulton County Superior Court had dismissed Evans’ suit on the grounds that a judge could not preempt the garden from seeking criminal charges against someone, who has a permit, for simply carrying a weapon. The Supreme Court said the judge in this case was wrong because the garden was not a government entity and did not have the authority to bring criminal charges.
The case began in in October 2014 when Evans wore his holstered gun during a visit with his family to the Atlanta Botanical Garden.
Read more: www.ajc.com/news/news/local/ga-supreme-court-allows-suit-to-allow-guns-in-gard/nrKCb/?ref=cbTopWidget