Home Forums Hunting & Shooting Hunter's Campfire Airport gun showdown moves to courts

UPDATED: 5:51 p.m. July 01, 2008
Airport gun showdown moves to courts
Lawmaker won't bring weapon today; will rely on court case to challenge ban

By JIM THARPE
The Atlanta Journal-Constitution
Published on: 07/01/08
Guns were the issue. But words and federal lawsuits became the weapons of choice Tuesday as Atlanta officials declared Hartsfield-Jackson International Airport a "gun-free zone," and gun advocates immediately retaliated by suing them.

The fight about a new state law � one that permits licensed gun owners to carry concealed weapons in more public places � began at Atlanta's city-run airport, the world's busiest with 89 million passengers a year.

But city officials say they think it could eventually have a nationwide impact.

"This is a matter of national significance," Mayor Shirley Franklin told reporters at a news conference. Permitting guns inside an airport, even weapons carried by permit holders, would create an unsafe environment that "would endanger millions of people," the mayor said.

Franklin vowed Tuesday to lobby Congress and federal officials to mandate that any public facility receiving federal money be declared a "gun-free zone." That would affect airports nationwide.

Franklin's comments followed a vow by city officials to arrest anyone carrying a gun at Hartsfield-Jackson. The city drew a line in the sand on the very same day a new state law easing gun restrictions in public places took effect.

The new law allows licensed gun owners who pass background checks to carry concealed weapons on public transportation, in parks and recreation areas and in restaurants that serve alcohol � all areas that were previously off-limits.

Gun advocates say the new law means people with the proper permits could carry concealed weapons in the non-secure areas in front of the security gates. Federal law prohibits guns beyond the security gates, and both sides agree that guns should be banned there.

"This is about the city of Atlanta once again trying to hold itself above state law," said John Monroe, an attorney for the gun rights group GeorgiaCarry.org. Monroe and about half a dozen members of his group attended the morning news conference, some wearing large orange buttons that read: "Guns Save Lives."

Gun rights advocates see the new law as a victory for the Second Amendment to the U.S. Constitution. Opponents say it has the potential to spawn more violence than it prevents.

Airport General Manager Ben DeCosta said the city's legal team has studied the new law and determined the airport still falls under a "public gathering" exception in the Georgia Code.

"Therefore, firearms are prohibited on airport property," he said.

Monroe came to Tuesday's news conference in the Hartsfield-Jackson atrium and handed Franklin and DeCosta copies of the 10-page lawsuit he had just filed in U.S. District Court in Atlanta on behalf of his organization and state Rep. Tim Bearden (R-Villa Rica). DeCosta accepted his copy, but the mayor declined and walked away.

Bearden, a former policeman who authored the new law, said Monday he would come to the airport on Tuesday to pick up relatives and would be carrying a permitted concealed weapon. DeCosta vowed to have him arrested if he did. By Tuesday, Bearden had decided to let the courts decide the issue.

"That showdown will take place in the courts instead of an airport parking lot," said Bearden, who still planned to go to the airport, but without a gun.

The lawsuit accuses city officials of violating Bearden's civil rights by threatening him with arrest.

The suit seeks an injunction to stop the city from searching or arresting people for "legally carrying firearms," and it seeks "reasonable" attorney's fees.

Tuesday's lawsuit is the latest in a series of legal actions GeorgiaCarry.org has filed in recent months. The organization has been successful in overturning or getting local governments to rescind several ordinances.

GeorgiaCarry.org successfully sued probate courts in Carroll, Henry, Cherokee and Cobb counties for requiring gun permit applicants to give their Social Security numbers. Litigation by the group pushed Athens, Fulton County and Atlanta and several other cities in Fulton to abandon restrictions on bringing weapons into parks.

Good for them. Similarly here in Portland Oregon - legally you can carry in the Portland Airport, but the Port of Portland says you can't and they will arrest you anyway....

I wish them luck in the courts!

This should be taken up by the NRA, only saying that any public facility receiving federal money be declared a "gun-carry allowed zone"

Given the requirement for the formal accusatory instrument, what law exactly is there to charge someone under??? There has to be a statute and section violated and a statement of factual act. OTW, a court would be required to throw it out. If State law supercedes local law, then the local law goes down the tubes. Sounds like Atlanta is on awful thin ice.

Mayor Franklin is a first class kewk, aboslutely NUTS!!!! Between her and the Manager of the Atl Airport, they couldn't tell a horses behind from a hole in the ground

GO TIM BEARDEN AND GCO!!!!!!

Georgia also got a big win with the ability to carry your weapon on MARTA. They are leading the fight now days for gun owners.

so even people flying to go on a hunting trip can't carry their guns into the airport to fly with? WOW. how can so many people fight the constitution and still call themselves Americans?
if they keep this up the country will be divided again between free state and slave to the liberals states.

Nice. I wouldn't mind being able to carry in airports. But it does create potential problems too? Suppose they had it so that you would show your CCW, and then take the gun out to go through the airport metal detector? No CCW, no gun on your person. Makes it easy enough to tell good guys from bad ones, right?

But I think to transport guns in baggage you have to declare them and put them on baggage. Problem is, anti-gun folks tend to 'accidentally' break them. I think long guns should be allowed as carry ons for that reason.

This has nothing to do with carrying in the secured areas of the Airport, as in, anything past the security checks. This is just to deal with carrying at the loading/unloading areas and the ticketing places, restaurants etc at the front of the airport.

And why not behind the gates? If the person has been through all the hoopla associated with getting a CCW permit, they should be considered an additional source of security, not a threat. Or does that fat, pompous ass at the security gate really make you feel all safe and cuddly.

Sheesh, it is time that the regulations the Travel Sturm Ableitung so gleefully enforce come into line with the SCOTUS ruling.

+1.

No.

Good deal. I wonder how long it'll take for the case to be heard in it's first and hopefully only, court hearing. I hope it won't be drug out over a period of years.

It's all a scheme to make it easy for the riff raff that staff
our airport security to "impound" guns. Just imagine how many would
get "lost" in the process.

There's is another famous foot race in the works for
Atlanta. It's going to be called "The Inner City Atlanta 10k
Run For Your Life".

Good for the Atlanta folks. There is a similar probibition at Dulles International Airport in Northern Virginia. The original airport authority proposal would have banned leagally concealed firearms on all parts of the airport property, including a state highway that runs just inside the airport's border. We got that redinded, but you still can't enter the terminal legally armed.

dumb bastidges haven't figured out criminals dont care and will anyway. only the ggod people obey laws. not a hard concept.

I totally refuse to fly anymore. Due to prostate surgery, I ring their buzzer everytime I go though security due to the fact that I had radioactive seeds implanted into the prostate gland. They wand me and once wanted to do a strip search. I was able to reach my oncolgist and she set them straight.
I decided that flying was no longer an option because I would hate to have to to jail for beating the snot out of one of them even if it was justifiable.
It might take longer but if I can't take a train, I'll drive.
Paul B.