Sara Carter and Georgia Carry filed this lawsuit against Georgia Governor Kemp and Fulton County Probate Judge Pinkie Toomer. At issue is the state’s emergency order which suspended acceptance and processing of Georgia weapons carry licenses.
The plaintiffs claimed that the inability to obtain a license, coupled with the law making it illegal to carry without such a license, violated Carter’s Second Amendment rights. They requested a temporary restraining order against enforcement of that law barring carry until such time as license applications would again be accepted.
Judge Jones said no.
Much of this is the usual judicial pin-dancing we see in so many Second Amendment cases. Judge Jones found that the plaintiffs lacked standing because the suspension of rights isn’t damaging. The plaintiffs, he ruled, have no federal standing under deprivation of rights statutes, for the same reason. And making it impossible to lawfully carry a firearm in public isn’t a violation of rights anyway because you can still carry at home.
Judge Jones’ argument that some rights are more equal than others is particularly noxious.
A violation of the First Amendment satisfies the irreparable harm requirement without any further showing
However, this is not true of all constitutional rights.
But this is the real kicker; my emphasis added:
Plaintiffs insist only “law abiding citizens” would be free to carry handguns in public. However, suspending O.C.G.A. § 16-11-126 would mean individuals who might not pass a GWL application investigation would be able to lawfully carry loaded handguns in public.
That is absolutely, demonstrably false. The only reason one would fail the licensing background check is if the applicant is a prohibited person; i.e.- one who may not lawfully possess a firearm. Both federal law and state law are clear on this.
Temporarily suspending the requirement for a license in no way suspends 18 U.S. Code § 922 and O.C.G.A. 16-11-131 definitions of prohibited persons. Lifting the license requirement does not magically make those laws vanish in a puff of fairy dust.
Felons remain felons, unable to lawfully carry.
The one class of persons who might be allowed to lawfully carry a firearm if the plaintiffs succeeded would be those 18 to 20 years of age who are not prohibited persons. Georgia only issues licenses to those 21 years of age or more. But those people — not being prohibited — would pass the licensing background check anyway.
Judge Jones’ bizarre assertion that prohibited persons could lawfully carry still makes no sense. Hizzoner appears to be an idiot, liar, or both.