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Posted on 04/17/2020 6:12:49 AM PDT by marktwain
BELLEVUE, WA – The Second Amendment Foundation and Firearms Policy Coalition today filed suit in federal district court in Georgia, in a case alleging Cherokee County and Probate Court Judge Keith Wood have violated the constitutional rights of citizens by ordering that the county would not accept applications for Weapons Carry Licenses during the coronavirus outbreak.
The case names Georgia Gov. Brian Kemp, Georgia Department of Public Safety Commissioner Gary Vowell, Cherokee County, and Judge Wood, in their official capacities.
SAF and FPC filed the action in U.S. District Court for the Northern District of Georgia, Atlanta Division, on behalf of one of their members, Lisa Walters. According to the 16-page federal complaint, Walters’ husband contacted the probate court several days ago to inquire about her ability to obtain a carry license. The county informed Walters’ husband that the order to not accept license applications will remain in effect.
The case is known as Walters v. Kemp. Plaintiffs are represented by attorney Adam Kraut of Sacramento, Calif., John R. Monroe of Dawsonville, Ga., and Raymond M. DiGuiseppe of Southport, N.C.
“This is the most recent in a series of legal actions we’ve had to file around the country,” noted SAF founder and Executive Vice President Alan M. Gottlieb, “because we’ve discovered that some officials have arbitrarily decided the COVID-19 crisis allows them to suspend the Constitutional rights of the citizens they serve. We’ve been stunned by this pattern because such actions are not permitted by the Constitution. Authorities may not, by decree or otherwise, enact or enforce a suspension or deprivation of constitutional liberties.”
FPC President Brandon Combs concurred, stating, “The Constitution explicitly protects the fundamental human right to bear arms, especially for self-defense. Governments cannot eliminate the right of law-abiding adults to carry handguns for self-defense in public, which is all the more pertinent in these troubled times. As the Supreme Court has already explained, the Constitution’s guarantee of the right to bear arms is especially important for self-defense in case of confrontation, and individuals must be allowed to exercise their rights outside their home.”
“The natural right to armed self-defense does not cease to exist when a person steps over the threshold of their home and into the outside world,” observed Adam Kraut, FPC’s Director of Legal Strategy. “By their elimination of access to Georgia Weapons Carry Licenses, Judge Keith Wood and Cherokee County have destroyed the right to carry handguns outside the home for Lisa Walters and others like her. This is not acceptable and shows the inherent and terminally unconstitutional defects of the State’s license requirements.”
But it should be AG Barr filing these Lawsuits as well as CRIMINALLY PROSECUTING THEM!
Its all Leftist agenda driven, gun stores closed, abortion centers open, motor boats illegal, kayaks OK.
The mask is the new Yellow Lance Armstrong band liberal cool identifier.
is Kemp named because he is gov or has he also joined the deniers of carry?.. when Kemp was in the running for gov of ga, in his political ads he had a rifle.
It appears Kemp is named because he is governor.
I’m at work and can’t read the whole article.
Are they going after them with title 18 section 242?
I suggested that a month ago.
The article does not say.
I have not read the court documents.
...you'd think he'd know better than to add words/implications to the RKBA. The right is there to protect our God given rights against the actions of potential tyrants. Period.
There is no such limitation on the Second Amendment.
The Unabridged Second Amendment
Here is a scientific control sentence, using books:
"A well-schooled electorate, being necessary to the security of a free State, the right of the people to keep and read Books, shall not be infringed.'
Don’t expect anything from Barr and you won’t be disappointed. But he did go after Roger Stone like a bat out of hell with his ass on fire.
Kemp specifically exempted firearms-related activities in his shutdown EO.
Agreed.
...and I’m not trying to add to the RTKABA in my comment
This Ping List is for all things pertaining to infringes upon or victories for the 2nd Amendment.
FReepmail me if you want to be added to or deleted from the list.
More 2nd Amendment related articles on FR's Bang List.
Gov. Gump is an idiot. He better show some leadership and a spine while putting this whole matter down with a big sledgehammer.
That’s a pretty friendly county / district to take this action in, is my take. Probably a good location to establish the statewide precedent.
For those huffing and puffing about Leftists overreaching, you don’t know Cherokee County. This is more a bad decision by a judge during the pandemic. The county has probably gone Republican since Reagan.
Here in a neighboring County our Sheriff has encouraged people to train at the range with their weapons. If they already have weapons, obtain more, if desired. He is a gem!
Okay. Thank you.
https://www.saf.org/wp-content/uploads/2020/04/2020-4-16-ga-walters-complaint.pdf
It’s a 1983 action
https://www.saf.org/saf-sues-georgia-county-judge-asserting-depravation-of-rights/
SAF Press Release. This is where I found a link to the complaint.
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