Garden City, Georgia Parks Gun Ban

It’s 2023; how is this still a thing in Georgia; cities banning lawful carry in parks?

Garden City, Georgia – Still In Prehistoric Times Regarding Georgia’s Gun Laws
Today, I spoke with a young lady at the Garden City, GA Police Dept., having been transferred there by City Hall. She relayed to me that according to Cpl. Wesley Soroken, firearms are not permitted in city parks or recreation areas, even for those with a “permit”, due to their city ordinance.

The ordinance, Sec. 60-5. – Firearms; weapons; tools., reads:

It shall be unlawful for any person to bring into or have in his possession in any park or recreation area:

((1)Any pistol or revolver or objects upon which loaded or blank cartridges may be used. Official starters, at authorized track and field events, are excepted from this restriction.
(2)Any burglar tools.
(3)Any rifle, shotgun, BB gun, air gun, spring gun, slingshot, bow, or other weapon in which the propelling force is gunpowder, a spring or air.

Well, railguns and linacs are still an option.

I have no idea, other than sheer, arrogant effrontery, why that is still on the Garden City books and the police still willing to actively enforce it. Georgia 2nd Amendment (previously Georgia Carry) spent years suing the bejeebus out of Georgia towns for doing exactly what Garden City is still doing.

And winning. Consistently. Because Georgia state is pretty clear on the subject in GA Code § 16-11-127:

c. Any lawful weapons carrier shall be authorized to carry a weapon as provided in Code Section 16-11-135 and in every location in this state not listed in subsection (b) or prohibited by subsection (e) of this Code section; provided, however, that private property owners or persons in legal control of private property through a lease, rental agreement, licensing agreement, contract, or any other agreement to control access to such private property shall have the right to exclude or eject a person who is in possession of a weapon or long gun on his or her private property in accordance with paragraph (3) of subsection (b) of Code Section 16-7-21, except as provided in Code Section 16-11-135. A violation of subsection (b) of this Code section shall not create or give rise to a civil action for damages.

Parks are not listed as prohibited areas.

Even better, Georgia has state preemption, under GA Code § 16-11-173:

b. 1. Except as provided in subsection (c) of this Code section, no county or municipal corporation, by zoning, by ordinance or resolution, or by any other means, nor any agency, board, department, commission, political subdivision, school district, or authority of this state, other than the General Assembly, by rule or regulation or by any other means shall regulate in any manner:

B. The possession, ownership, transport, carrying, transfer, sale, purchase, licensing, or registration of firearms or other weapons or components of firearms or other weapons;

Garden City should also take note of section g., which specifies minimum penalties for violating that law.

I am strongly tempted to take a drive up to Garden City and violate their little unlawful ordinance. Should one of their fine, if under-educated-on-the-law, officers issue me a citation, I would hand him a notice of my own. I would require him to sign the notice acknowledging that he is in violation of § 16-11-127 and § 16-11-173.

That citation and notice would then become exhibits in my hypothetical lawsuit, which would probably list the city and police department as defendants, and also you, the police chief, and the citation-issuing officer by name as individuals.

Might I suggest, as a more palatable alternative, that Garden City remove the unlawful language from the city ordinance, as well as any signage; and ensure that their police officers are informed that any attempt to cite people for a lawful activity could subject them to legal penalties?

Yes, I have brought this to the city’s attention. We’ll see if they respond wisely.

 

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One thought on “Garden City, Georgia Parks Gun Ban”

  1. My wife and I were coming home from a 3 day/ 2 night getaway Thursday, and stopped at a second hand store, coming from the little finger of Michigan to our home on the west edge of the mitten in the middle. The store was marked as a no carry zone, it being for the benefit of Every Women’s Place, a women’s shelter around Michigan.
    I thought for maybe 10 seconds, then left my gun in the car, secured. It was a case of not wanting to frighten the horses. While I know that looks are not a good thing to go by, the place dif not send me any bad signals. I was on a heightened sense of alert, but it was not needed. And by now, my wife is completely on board with me carrying, after a previous life of fear of even seeing a gun. My showing extreme safe gun handling and repeated caution and explaining why I do things a certain way, have given her confidence in me. Plus I have pointed out dangerous gun handling on television shows, and she can see it right away now.
    She has no desire to shoot a gun, but she would be able to pick one up and take it away from a place where there children. That is much more than she could have done 31years ago when we were getting ready to get married.

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