In the 2014 Georgia General Assembly session, legislators passed two bills relating to second amendment rights: House Bill 826 and House Bill 60, known colloquially as the “Guns Everywhere Bill.” Except that everywhere doesn’t really mean everywhere, including in many cases if the property owner chooses to prohibit guns.
The Gwinnett Daily Post reports that a Snellville man has filed a lawsuit seeking to overturn a decision by Gwinnett County Public Schools that he could not bring his weapon onto school property.
Phillip Evans, whose child attends Centerville Elementary, seeks an injunction from being arrested, cited or prosecuted for carrying a weapon on property owned or leased by the school district.
In the 27-page lawsuit obtained by the Daily Post, Evans said he asked district officials if his Georgia Weapons Carry License would be recognized on school property. Jorge Gomez, the district’s executive director of administration and policy, said it would be a crime if Evans carried a firearm on school property, according to the lawsuit.
The school district would also seek to prosecute Evans, and issue a criminal trespass warning against Evans “from entering all Gwinnett County School District property.”
At issue are conflicting provisions in the two gun bills. HB 826 appears to allow guns to be carried in “school safety zones.” HB 60 limits the same code subsection to note that it’s only permitted to have a gun in one’s vehicle while parked at or driving through a safety zone. The Georgia Attorney General’s office produced an opinion that since HB 60 was signed after HB 826 was, its language takes precedence. Others, including Students for Concealed Carry, argue that the language in the two laws should be merged since there are portions that are not in direct conflict with each other.
Evans’s lawsuit, along with a similar one filed last month in Douglas County, will let the courts decide the outcome. Or, depending on how quickly the lawsuits get heard, we could see a new gun bill during the 2015 legislative session.