Park Gun Ban Suspended

publication date: Dec 17, 2007
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author/source: Daniel Tyree McElrath / STAFF
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Lawfully armed citizens are allowed by state law to carry firearms in city and county parks.

Roswell’s ordinance prohibiting the carrying of guns in city parks — even by people licensed to carry firearms — will not be enforced pending further court action.


The city, along with several others in Fulton County and the county itself, are being sued by GeorgiaCarry.Org, a gun rights group. The suit claims that state laws preempt ordinances banning firearms in county and city parks.


A recent Georgia Court of Appeals ruling in a similar case involving Coweta County found that state law preempts the county ordinance, said John Monroe, a Roswell attorney representing GeorgiaCarry.org.


Roswell City Attorney David Davidson said the city will not enforce the ordinance in light of the Court of Appeals ruling, but will monitor to see if Coweta appeals the decision. “The Court of Appeals ruling is the rule of law in the state at this time and the city of Roswell will comply,” Davidson said.


The remaining defendants are Sandy Springs, Atlanta, East Point, Union City and Fulton County. Milton earlier changed its ordinance and was dropped from the suit.


 
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