Gun Rights Organization in Georgia Sues Governor Kemp for Not Issuing Concealed Carry Permit

By
Jose Nino
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Grassroots gun rights organization Georgia Carry is filing a lawsuit against Governor Brian Kemp and Hall County Probate Judge Patty Laine over the non-issuance of Georgia weapons carry licenses (GWL) in the midst of the Wuhan virus shutdown.

According to AWR Hawkins of Breitbart, the suit in question, Cummings vs. Kemp, was filed in the Superior Court of Hall County, State of Georgia, on April 13, 2020. The lawsuit deals with the current inability for law-abiding Georgians to apply for, or receive, a GWL in Hall County.

The plaintiffs in the suit, Anna Cummings and Georgia Carry, are in search of “declaratory and injunctive relief under the Georgia Constitution and O.C.G.A. § 16-11-129 because [Cummings] is prohibited by statute from carrying a weapon without a GWL and prohibited by custom, policy, or practice from applying for or obtaining a GWL.”

Hawkins detailed what the suit against Kemp and Laine entailed:

  1. Kemp is the conservator of the peace throughout the state and is obligated to take care that the laws are faithfully executed.
  2. Pursuant to guidance from the Supreme Court of Georgia in Lathrop v. Deal, Kemp issued in his individual capacity for declaratory and injunctive relief.
  3. Defendant Patty Laine (“Laine”) is the Judge of the Hall County Probate Court.
  4. Defendant is responsible for the issuance of GWLs in Hall County, Georgia, pursuant to O.C.G.A § 16-11-129.
  5. Pursuant to guidance from the Supreme Court of Georgia in Lathrop v. Deal, Laine issued in her individual capacity for declaratory and injunctive relief.
  6. Laine is sued in mandamus in her official capacity as Judge of the Probate Court of Hall County.
  7. On March 14, 2020, Kemp declared a public health state of emergency in Georgia on account of a COVID-19 pandemic.
  8. The same day, Chief Justice Harold Melton of the Supreme Court of Georgia (“Melton”) declared a state of judicial emergency for the State of Georgia.
  9. Melton’s declaration directed the courts of Georgia to maintain essential functions during the emergency.
  10. The probate judges of Georgia generally, and Laine in particular, have concluded that issuing GWLs is not an essential function.

Furthermore, Georgia Carry filed a lawsuit against Kemp in the United States District Court for the Northern District of Georgia, Atlanta Division. The  federal suit was filed on April 9, 2020 and dealt with the issuance of GWLs in Fulton County, Georgia during the Wuhan virus shutdown.

For a relatively Second Amendment state like Georgia, which is ranked 11th according to Guns & Ammo magazine for pro-gun states, the Georgia government’s actions are disappointing.

Here’s to Georgia Carry winning its lawsuit.