PDA

View Full Version : letter to city of brunswick about preempted park ban




rmodel65
07-20-2008, 02:32 AM
writing a letter to get a preempted hand gun ban over turned in my town how does this letter look??



M. Lynn Frey, III
Brunswick City Attorney
1509 Reynolds St.
Brunswick, GA 31520


Dr Mr. FREY:

I am writing to bring to your attention Sec. 8-43 Firearms, Alcoholic Beverages Prohibited: There shall be no Use, Display, or Discharge of any firearm on or about or adjacent to the city dock. No Alcoholic beverage may be Used or Consumed on the dock or adjacent areas and approaches, including Mary Ross Waterfront Park.
While the intentions of the ordinance had good intention by the Board of commissioners, the laws of the State of Georgia has specifically prohibited municipalities from exercising their police powers under O.C.G.A. 16-11-173 Legislative finding; preemption of local regulations and lawsuits; exceptions
Under (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, carrying, transfer, sale, purchase, license, or registration of firearms or components; firearm dealers; or dealers in firearms components. Although section (E) of the above codes section states: Nothing contained in this code section shall prohibit municipalities or counties, by ordinance, resolution, or other enactment, from reasonably limiting or prohibiting the discharge or firearms within the boundaries of the municipal corporation or county.
I ask that you repeal or change section 8-43 so that it is consistent with state law O.C.G.A 16-11-173; and use of force portions of 16-3-21. I would also like to point out that in addition to state statue, the Constitution provides for a right and only gives the General Assembly the ability to circumscribe that right. The opinion of the of the attorney General for the State of Georgia reinforces preemption. The Attorney General has previously authored an opinion concerning Section 16-11-173. The opinion, requested by the City Attorney of Columbus, found that a proposed ordinance regulating the placement of firearms in homes, buildings, trailers, vehicles, or boats was ultra vires because it conflicted with the general laws of the state and the aforementioned preemption statute. Ga. Op. Atty. Gen. No. U98-6, available at http://www.state.ga.u/ago/read.cgi?searchval=firearm&openval= U98-6 . Also there is case law further supporting preemption : GeorgiaCarry.org Inc. V. Coweta County 288 GA App. 748 (2007) Finds that Georgia Firearms preemption law, 11-16-173, which says localities may not restrict in any manner the carry or transport of firearms, does in fact preempt and void Coweta’s ban on the carry of firearms while on the county’s park land.
I possess a valid Georgia Firearms License issued to me under the Georgia Firearms and Weapons Act O.C.G.A. 16-11-120 Except for the ordinance; I am otherwise entitled under Georgia law to carry a firearm in the City of Brunswick’s recreation facilities, sports fields or any surrounding areas being property of the city, subject to the applicable State Law provisions. I am a user of Brunswick’s dock and Mary Ross Waterfront Park and facilities and would like to exercise my right to carry a firearm in these areas. But am in fear of arrest and prosecution and will incur irreparable harm under the ordinance for doing so.

youngbuck
07-21-2008, 06:53 AM
Read through it yourself. There is definitely some editing to do.

rmodel65
07-21-2008, 10:02 PM
yeah that was a rough draft i was up really late typing it :P

hillertexas
07-21-2008, 10:23 PM
I did some real quick proof-reading...I'm sure I missed stuff though.



M. Lynn Frey, III
Brunswick City Attorney
1509 Reynolds St.
Brunswick, GA 31520


Dear Mr. Frey:

I am writing to bring to your attention Sec. 8-43 Firearms, Alcoholic Beverages Prohibited: "There shall be no Use, Display, or Discharge of any firearm on or about or adjacent to the city dock. No Alcoholic beverage may be Used or Consumed on the dock or adjacent areas and approaches, including Mary Ross Waterfront Park."

While the ordinance shows good intentions by the Board of Commissioners, the laws of the State of Georgia have specifically prohibited municipalities from exercising their police powers under O.C.G.A. 16-11-173 Legislative finding; preemption of local regulations and lawsuits; exceptions:

Under (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, carrying, transfer, sale, purchase, license, or registration of firearms or components; firearm dealers; or dealers in firearms components. Although section (E) of the above codes section states: Nothing contained in this code section shall prohibit municipalities or counties, by ordinance, resolution, or other enactment, from reasonably limiting or prohibiting the discharge or firearms within the boundaries of the municipal corporation or county.

I ask that you repeal or change section 8-43 so that it is consistent with state law (O.C.G.A 16-11-173) and use of force portions of 16-3-21. I would also like to point out that, in addition to state statute, our Constitution provides for a right and only gives the General Assembly the ability to circumscribe that right. The opinion of Georgia's Attorney General reinforces preemption. The Attorney General has previously authored an opinion concerning Section 16-11-173. The opinion, requested by the City Attorney of Columbus, found that a proposed ordinance regulating the placement of firearms in homes, buildings, trailers, vehicles, or boats was ultra vires because it conflicted with the general laws of the state and the aforementioned preemption statute. Ga. Op. Atty. Gen. No. U98-6, available at http://www.state.ga.u/ago/read.cgi?searchval=firearm&openval= U98-6 .

Also there is case law further supporting preemption : GeorgiaCarry.org Inc. V. Coweta County 288 GA App. 748 (2007) Finds that Georgia Firearms preemption law, 11-16-173, which says localities may not restrict in any manner the carry or transport of firearms, does in fact preempt and void Coweta’s ban on the carry of firearms while on the county’s park land.

I possess a valid Georgia Firearms License issued to me under the Georgia Firearms and Weapons Act O.C.G.A. 16-11-120 Except for the ordinance, I am otherwise entitled under Georgia law to carry a firearm in the city of Brunswick’s recreation facilities, sports fields, or any surrounding areas that is property of the city, subject to the applicable State Law provisions. I am a user of Brunswick’s dock and Mary Ross Waterfront Park and other facilities and would like to exercise my right to carry a firearm in these areas. But I fear arrest and prosecution and that I will incur irreparable harm under the ordinance for doing so.

Sincerely,

XXXXXXXXXX

Doktor_Jeep
07-22-2008, 01:02 AM
Al Gore invented the internet so you can come to us for advice.

And I invented spell check because I am not shmart.