SAF, FPC File Lawsuit Alleging ‘Deprivation of Rights’ in GA County
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The right to bear arms is at the center of a new federal lawsuit filed in Georgia by the Second Amendment Foundation and Firearms Policy Coalition.U.S.A. –-(Ammoland.com)- The Second Amendment Foundation and Firearms Policy Coalition have filed a federal lawsuit in Georgia on behalf of a resident of Cherokee County, alleging deprivation of rights because the county and Probate Judge Keith Wood have suspended the process for Georgia Weapons License (GWL) applications as a result of the coronavirus pandemic. The case names as defendants Georgia Gov. Brian Kemp, Georgia Department of Public Safety Commissioner Gary Vowell, Cherokee County, and Judge Wood, in their official capacities. This lawsuit was filed in U.S. District Court for the Northern District of Georgia, Atlanta Division. 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. According to the 23-page complaint, “On or around March 14, 2020, Defendant Judge Wood of the Cherokee County Probate Court issued a ‘Notice to the Public’ suspending all processing of carry license applications for two months, through May 13.” This order “was purportedly based upon declarations of the Chief Justice of the Georgia Supreme Court declaring a ‘statewide judicial emergency’ (‘JEO’), following the Governor’s Declaration of Emergency in response to the COVID-19 public health crisis,” the document explains. But because the state has a general ban against carrying loaded operable handguns outside the home or vehicles without a GWL, the complaint alleges, Cherokee County residents who could qualify for a license have been “denied any chance to lawfully carry such a weapon in public, anywhere outside the limited confines of their homes, cars, and workplaces, for self-defense or for any other lawful purposes.” Essentially, the lawsuit contends, Cherokee County and the judge “have closed their GWL application doors to Plaintiff Walters and other individuals like her.” Here is what can be found on Judge Wood’s Probate Court website: NOTICE TO THE PUBLIC On March 14, 2020, Georgia Supreme Court Chief Justice Harold D. Melton issued an order Declaring a state-wide judicial emergency order based on the Coronavirus/ COVID-19 pandemic. An order entered on April 6, 2020 extends this period through May 13, 2020. This order, in part, limits court operations to only those matters which are deemed essential. The public should avoid coming to the Probate Court offices during the period of time covered by this Justice Melton's order. However, the Court recognizes that some types of proceedings are essential to be handled on an emergency basis. In order to continue meeting the needs of the citizens of this county and taking into consideration the nature of the current pandemic, the following shall apply during the pendency of the judicial emergency: ESSENTIAL MATTERS The following matters are deemed essential and shall be processed as a normal course of business:
About Dave Workman Dave Workman is a senior editor at TheGunMag.com and Liberty Park Press, author of multiple books on the Right to Keep & Bear Arms and formerly an NRA-certified firearms instructor.
- Emergency Guardianship and Conservatorship Proceedings filed pursuant to O.C.G.A. §§29-4-14 and 29-5-14, et. seq.
- Guardianship and Conservatorship Proceedings filed pursuant to O.C.G.A. §§29-4-1 and 29-5-1 where there are allegations of abuse or neglect
- Petitions for the appointment of a Temporary Medical Consent Guardian
- Orders to Apprehend (a/k/a 10-13 orders) pursuant to O.C.G.A. §§37-3-41 and 37-7-41
- Proceedings providing for the disposition of remains pursuant to O.C.G.A. §31-21-7
- Marriage License applications for weddings which will take place during the pendency of the Judicial Emergency
- Other legitimate emergency matters will be accepted on a case-by-case basis
About Dave Workman Dave Workman is a senior editor at TheGunMag.com and Liberty Park Press, author of multiple books on the Right to Keep & Bear Arms and formerly an NRA-certified firearms instructor.