High noon at Hartsfield
By Ben Decosta, Tim Bearden
For the Journal-Constitution
Published on: 07/06/08
PRO-CON: A media-hyped showdown between airport chief Ben DeCosta and state Rep. Tim Bearden failed to materialize last week after Bearden's camp decided to take DeCosta's camp to court instead. So today the two are dueling at 10 paces with word processors.
—-
Safety of traveling public, homeland security are vital
By BEN DeCOSTA
At Hartsfield-Jackson Atlanta International Airport, a top priority is the safety and security of each man, woman and child that enters our terminal. And for that reason alone, we are determined to maintain the airport's position as a gun-free zone.
Whether you are among the hundreds of thousands of travelers arriving or departing Hartsfield-Jackson, picking up or dropping off a business associate, friend or someone you love, or reporting to work here, you should not have to risk encountering a gun-wielding individual at the world's busiest airport.
It doesn't take much imagination to know that untrained people who carry guns, anywhere, but especially on airport property, have the potential to do great harm to innocent bystanders.
On average, 245,000 passengers each day travel through the airport. That, coupled with the more than 56,000 people who work here, makes it critical that we continue to prohibit firearms and other dangerous weapons.
My job is to ensure that Hartsfield-Jackson is not only an efficiently managed facility, but one that is also safe and secure. It is a crucial matter of public safety and homeland security.
I am not against the right of individuals to bear arms. That is our right as Americans. My father was a life member of the National Rifle Association. I have been a marksman myself. A crowded facility —- and especially a busy airport —- is no place for our guns.
Our nation's airports are still at security threat level "Orange," meaning that the federal government has declared our risk to be at a heightened level.
It is the city of Atlanta's legally supported position that Hartsfield-Jackson falls within the "public gathering" exception as defined in the Official Code of Georgia Annotated Section 16-11-127. The airport is a publicly owned and operated facility. Therefore, firearms are prohibited on airport property, including all employee parking areas. The city is on sound legal footing in interpreting the law.
We are asking citizens to practice common sense and leave their weapons at home. The airport is no place for a firearm unless it is appropriately encased and secured in checked luggage, as required by federal regulations.
Law enforcement is ample at the airport and crimes against persons are extremely rare. The Airport Security Division, the Transportation Security Administration, Atlanta Police Department, FBI, federal air marshals and other law enforcement officials provide the necessary level of protection and public safety for airport employees, tenants and passengers. We continue our commitment to keep the airport a safe and secure place, as part of America's air transportation system. We are bound to protect the right of all Americans to travel safely and securely.
Two of the United States' largest aviation industry organizations agree that airports should be gun-free places of safety and security.
Charles M. Barclay, president of the American Association of Airport Executives, and Randall H. Walker, chair of the Airports Council International-North America board of directors, both wrote recent letters of support.
"I am in full support of your work to prohibit members of the public from bearing firearms at Hartsfield-Jackson International Airport," said Walker in his letter. "The members of ACI-NA agree with you that the continued security threat to airports and passengers justifies the need to ban weapons from public airports."
Protecting the security rights of all travelers is the only reasonable position to have on this matter.
> Ben DeCosta, general manager of Hartsfield-Jackson Atlanta International Airport, said he would have Tim Bearden arrested if Bearden carried a gun onto airport property last week.
—-
Atlanta ignores basic right and state law —- again
By TIM BEARDEN
Over the past few days there have been a lot of comments about expected "showdowns" at Hartsfield-Jackson International Airport due to Atlanta's defiance of state law.
Let there be no doubt about it: There will be a showdown, but it will be in the proper venue, the courts. I fully intended to go to the airport on July 1 to pick up family members coming in for the holiday. I told a reporter that I would be legally armed, exercising the expanded rights that the General Assembly passed and the governor signed into law.
Then I was told that the city of Atlanta and the airport had decided to designate the airport a "gun-free zone" —- in blatant disregard of state law and individual rights guaranteed not only by this state but by the Supreme Court of the United States just weeks ago.
I spoke with attorneys from the organization GeorgiaCarry.org, of which I am a member, and they filed a federal lawsuit on Tuesday. It's worth remembering that GeorgiaCarry.org, less than two months ago, beat the city of Atlanta on basically the same issue of the city ignoring the authority of state law.
The city at that time had in place an ordinance that would keep law-abiding citizens with firearms licenses from carrying in city parks. The city was handed a loss then and should be handed another court loss now. Apparently, the city of Atlanta has a pattern of believing it can disobey laws that don't fit Atlanta's criteria.
The new law allows law-abiding citizens, with a permit, the right to carry on public transportation and the terminal areas of public transportation. Let us review the new law, HB 89. Section 9 says, "All laws and parts of laws in conflict with this act are repealed."
So the public gathering law is in conflict to the extent that a terminal is a part of HB 89, which states, "(e) A person licensed or permitted to carry a firearm by this part shall be permitted to carry such firearm, subject to the limitations of this part, in ... public transportation notwithstanding Code Sections 16-12-122 through 16-12-127; provided, however, that a person shall not carry into a place prohibited by federal law."
The "federal law" section is something we at the General Assembly put into the law for the very purpose of making sure that nobody would misconstrue HB 89 as permitting firearms to be carried past the metal detectors at Georgia's airports.
In other words, the General Assembly fully considered the issue of lawfully carried firearms in Georgia airports when passing this law. There was no other reason to add a clause about places "prohibited by federal law" to the end of the public transportation section.
One of the statutes referenced in HB 89 defines as an "aircraft ... station, depot, any such transportation facility, or infrastructure relating thereto operated by a ... government entity," which is another way of saying "city airport."
The definition also includes designated stops for shuttles "operated by a ... government entity operating [an] aircraft ... transportation facility and parking lots or parking areas adjacent to a terminal."
So when the law is reviewed in its entirety, it is perfectly clear what the law means. It is also clear that what the city of Atlanta and the airport are doing is a blatant disregard of your rights.
The new law clearly permits legally carried firearms at transportation terminals, so long as the firearm is not carried into the areas that are "prohibited by federal law," which is the law in the vast majority of states.
Atlanta should not be permitted yet again to defy state law, even when it disagrees with the law. The city of Atlanta is not above the law.
> Tim Bearden is a Republican state representative from Villa Rica who sponsored the new law permitting licensed gun owners to carry concealed firearms in parks, on public transportation and in restaurants that serve liquor.
—-
The law says ...
Here is the key passage of House Bill 89, which became law July 1, that, its sponsor says, enables people to carry firearms in the nonsecure areas of airports:
A person licensed or permitted to carry a firearm by this part shall be permitted to carry such firearm, subject to the limitations of this part, in all parks, historic sites, and recreational areas, including all publicly owned buildings located in such parks, historic sites, and recreational areas and in wildlife management areas . . . and in public transportation notwithstanding provided, however, that a person shall not carry a firearm into a place prohibited by federal law.
A person licensed or permitted to carry a firearm by this part shall not consume alcoholic beverages in a restaurant or other eating establishment while carrying a firearm. Any person violating this subsection shall be guilty of a misdemeanor.
*******************************************************************************************
I can almost pick out the words from Ben DeCosta's writing that were written by Alice Johnson of Georgians for Gun Safety (an anti organization that proclaims to be a pro-2A). It's one-person operation is a closely guarded secret by the AJC. In fact, Johnson is featured so prominently in any story that features Amendment II in Atlanta and is such a well established figure in any press conference given by Mayor Franklin that you would think that she is an accomplished expert witness or highly respected academian. There is really nothing in her background that qualifies her as a trained public policy analyst nor a firearm expert. As far as I can tell, she gets her funding through a joint cooperative between Atlanta/Fulton Commission on Children and Youth (?) and Boston University, School of Public Health, through a grant by the Robert Wood Johnson Foundation to the Boston University School of Public Health. That's it. I guess once you get a grant from BU it supplants the lack of any formal training in an area of public policy practice and green lights you to start any mayhem you desire way down in Georgia.
Let's see if I can pick out some of Alice's keystone words/phrases:
..risk encountering a
gun-wielding individual at
the world's busiest airport (dead giveaway)
...
untrained people who carry guns, anywhere, but especially on airport property, have the potential to do
great harm to innocent bystanders (GGS has been asked for proof to support this position several times to no avail, because there is none in GA)
...I am
not against the right of individuals to bear arms. That is our right as Americans. My father was a life member of the National Rifle Association. (this is definitely a GGS text book move).
and on and on I could go. It just seems that Johnson is the brain child behind every scheme to deny Georgians of their 2A rights and equal protection under the law. America is a nation of laws and the people of Georgia, through their legislators and Governor, have loudly spoken. It's high time to end this little charade and give these folks the smack down in the courts that they so richly deserve.
See the lady in the red outfit standing in between the Chief of Atlanta PD and the Chief of Marta PD? That's Johnson. BTW, the footage is of
John Monroe serving Ben DeCosta with his subpoena at the end of Mayor Franklin's press conference to declare Hartsfield a gun-free-zone. The press conference was held the day before HB89 became law (7/1/08).