Good day all. If there is one thing that the Progressive Liberal Democrats hate, it’s the average citizen having a gun. The High water mark for suppression of the 2nd Amendment was the ban on semiautomatic rifles and standard capacity magazines back in the late 90’s.
When that law expired after 10 years, sales of AR and AK platforms took off. Since then sales of firearms have only been increasing and the number of lawfully owned firearms, (As opposed to those possessed by actual criminals), is somewhere north of 400 million. (Way north probably) However, the Democrats continue their goal of disarming the slaves citizens at the state and local level. One such case was a recently adjudicated case in Georgia. Here are the details from Fox News:
A Georgia judge on Wednesday, November 12th, tossed out the case against a man who was cited for violating a Savannah city ordinance prohibiting guns in unlocked vehicles, ruling that the ordinance violates state law and the U.S. Constitution.
Clayton Papp was cited by Savannah police for violating the ordinance, which imposes fines and possible jail time for leaving guns in unlocked cars, in August 2024. His attorney asked the judge presiding over his case to throw out the citation.
Now a few things. First, leaving an unsecured gun in an unlocked car is, in my opinion, flat out stupid. Considering all the little thieves out there being coddled by Leftard judges and prosecutors, this is inviting one of the little shits to steal your gun. However, being stupid isn’t generally against the law, otherwise 98% of elected office holders would be in jail.
The ruling by Chatham County Recorder’s Court Judge Brian Joseph Huffman Jr. likely only applies to Papp’s case, as he challenged the ordinance as part of his criminal defense.
I’ve been watching Washington Gun Law and he has explained all the legal issues where a case applies to one person or to everyone. I’m not a lawyer and recommend you watch his channel and learn things. The problem with single person rulings is it allows tyrants to continue abusing the rights of the people.
Savannah’s mayor said the city will continue to enforce the rule.
“We’ve had this in existence now for quite some time, and we have reduced the number of guns stolen from unlocked vehicles in Savannah,” Democrat Mayor Van Johnson told reporters.
As I said, leaving your car unlocked and a gun on the seat is inviting trouble. Even if the car is locked, it will only slow a criminal down for as long as it takes for him or her to break the window and enter the car. If you are leaving a firearm in a vehicle, it should be out of site and preferably in a locked case. Granted, this is not going to work if you have a long gun, but then a criminal might not want to take it since he can’t just slip it into a bag or under his shirt.
Savannah’s City Council voted unanimously last year to prohibit firearms in unlocked vehicles, with violators subject to maximum penalties of a $1,000 fine and 30 days in jail.
This is a problem. You are blaming the gun owner for the actions of a criminal, and this is probably one of the considerations of the judge’s decision. Maybe if these idiots were actually going after real criminals, like the jerks stealing the guns, and throwing the book at them, you would see a much greater decrease in crime. It’s hard for criminals to commit crimes when they are locked up in prison.
“Concerns over firearms stolen from vehicles and later used in violent crime are in fact concerning,” the judge said in his ruling. “Good intentions, however, do not immunize legislation from constitutional scrutiny.”
Huffman Jr. threw out the case in a ruling on Wednesday that declared Savannah’s ordinance “void and unenforceable.” The judge said the ordinance violates a state law that prohibits local governments from regulating “the possession, ownership, transport, (or) carrying” of firearms. He also ruled that the ordinance “burdens conduct covered by the plain text of the Second Amendment.”
This is where I am confused. If the judge said that the ordinance was unconstitutional, then how can it only be unconstitutional for one person? I think the answer is simple. Democrats don’t care about the Constitution if it interferes with their quest for total control and absolute power.
While the judge found that Savannah’s ordinance is illegal, the ruling likely only applies to Papp’s case because the challenge was raised as part of a criminal defense and not a broader lawsuit seeking an injunction to stop further enforcement, Anthony Michael Kreis, a Georgia State University law professor, told The Associated Press.
I did a quick search for this person. And frankly, question his knowledge in this case. This doesn’t appear to be something he actually deals with from what I’ve read of his biography, but then, I’m not a lawyer. (To which I am forever grateful)
“In theory, the city could continue to enforce the ordinance and leave it to individual defendants to raise this question again as a defense,” Kreis said.
Again, I’m not sure about that from what the judge said. However, the simple answer to this is a direct challenge to the ordinance. I suspect it will be tossed out in very short order, especially after this ruling. I also suspect that if the next person these clowns charge fights it, he or she will also seek damages to cover his or her legal expenses.
A separate lawsuit brought by another gun owner aiming to halt enforcement of the ordinance was dismissed last year by a different judge in Chatham County Superior Court, ruling that the gun owner in that case lacked standing to file the lawsuit because he was not a Savannah resident and had not been cited under the ordinance.
That “Standing” nonsense is something that judges use when they don’t want to deal with a case. This ordinance flat out violates state law and the Constitution of the United States. As far as I’m concerned, if an ordinance violates the constitution, everyone has standing. In any case, I think it’s only a matter of time before this local ordinance is tossed on the ash heap of bad legislation.
Thatisall
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