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Georgia Campus Carry Rules Upheld Against State Constitutional Separation of Powers Challenge
Reason.com/Volokh ^ | 5/31/23 | EUGENE VOLOKH

Posted on 05/31/2023 12:05:53 PM PDT by CFW

From today's unanimous Georgia Supreme Court decision in Knox v. State, written by Justice Ellington:

Five University System of Georgia ("USG") professors filed suit to block a 2017 statutory amendment that removed public colleges and other public postsecondary educational institutions from the statutory definition of "school safety zone." Before the 2017 amendment, carrying or possessing a weapon on any real property or in any building owned by or leased to any postsecondary educational institution was a misdemeanor, and the 2017 amendment decriminalized that conduct. The professors alleged that, as a result of the 2017 amendment, the Code requires the Board of Regents, the USG, and USG institutions to permit persons to carry or possess weapons on the campuses of public postsecondary educational institutions, contrary to longstanding USG policies.

The professors sought a declaration that the statutory amendment is unconstitutional as applied because it usurps the Board's constitutional authority to govern, control, and manage the USG and its member institutions…. In the complaint, the professors articulated in detail reasons they believe that the revised policy regarding the carrying of weapons on USG campuses, following the 2017 statutory amendments, greatly increases the risk of injury and death to themselves, their students, and other persons on USG campuses, and significantly impairs their ability to fulfill their role in the educational mission of the USG…. The professors alleged that they are injured by what they deem a "separation-of-powers violation."

No, said the court, because the Georgia Board of Regents had itself changed its policies in response to the 2017 amendment:

(Excerpt) Read more at reason.com ...


TOPICS: Constitution/Conservatism; Government; US: Georgia
KEYWORDS: banglist; campuscarry; education; georgia; guncontrol; professors
Here is an old FR thread on the issue.

https://freerepublic.com/focus/f-bloggers/3681135/posts

1 posted on 05/31/2023 12:05:53 PM PDT by CFW
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To: CFW

In in other Georgia Supreme Court news:

https://reason.com/volokh/2023/05/31/georgia-s-ct-right-to-pursue-lawful-occupation-invalidates-license-requirement-for-lactation-consultants/

“Georgia S. Ct.: Right to Pursue Lawful Occupation Invalidates License Requirement for Lactation Consultants”


2 posted on 05/31/2023 12:35:17 PM PDT by CFW (old and retired)
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To: CFW

Some whinny highly paid communist professors.


3 posted on 05/31/2023 1:41:40 PM PDT by riverrunner
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To: CFW

that means I am still legal.


4 posted on 05/31/2023 1:45:16 PM PDT by Midwesterner53
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To: CFW
The professors sought a declaration that the statutory amendment is unconstitutional as applied because it usurps
the Board's constitutional authority to govern, control, and manage the USG and its member institutions…

The 'constitutional authority' does not supersede The US Constitution - otherwise these Georgia Democratics would try
to reestablish indentured servitude. /s

5 posted on 05/31/2023 1:46:45 PM PDT by Thommas (The snout of the camel is already under the tent.)
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To: riverrunner

“Some whinny highly paid communist professors.”


Trust me. These types of professor’s fear of guns is a mental illness. They will cringe and run away at the mention of a firearm or 2nd Amendment rights. Even a picture of a firearm will cause them to cancel classes and hide in their office for the remainder of the day. After which, they will request an armed campus police officer to escort them to their car.


6 posted on 05/31/2023 1:55:03 PM PDT by CFW (old and retired)
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To: Thommas

“The ‘constitutional authority’ does not supersede The US Constitution - otherwise these Georgia Democratics would try
to reestablish indentured servitude. /s”


Professors think that the college campuses should be places where the law is whatever they say it is on any given day. It’s their little fiefdom and they enjoy ruling over those who are under their control.


7 posted on 05/31/2023 2:00:30 PM PDT by CFW (old and retired)
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To: CFW

Next: defund the university system if it doesn’t comply.


8 posted on 05/31/2023 2:40:33 PM PDT by Ford4000
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