It has been brought to some of us GFL'ers attention that the Stone Mountain Police will cite and confiscate anyone who has in their possession a firearm while in Stone Mountain Park. Stone Mountain Park is not defined as a State Park per GA code, but it is under the authority if a state funded agency know as the Stone Mountain Memorial Association or SMMA. The GA legislature gave the SMMA the authority under OCGA 12-3-194.1 to enact "reasonable" ordinances that "regulate property, affairs, and administration of Stone Mountain Park, BUT to which no provision has been made by general law and which are not inconsistent with the general laws or the Constitution of this state...." It further says that the SMMA may appoint certified peace officers to administer the park, however "such peace officers shall have the same authority, powers, and privileges regarding enforcement of laws as peace officers employed by county and municipal police departments of this state."
Ok clearly the legislature gives the SMMA authority to enact reasonable ordinances and the SMMA does have an ordinance that prohibits the possession of firearms at the park with the exception of LEO's. But the SMMA cannot enact ordinances that are inconsistent with the general laws or constitution of the state. So the SMMA is clearly in violation of state law by having an ordinance that regulates the possession and carrying of firearms within Stone Mountain Park. The reasons: 1st) The constitution of GA ONLY gives the state legislature the power to regulate the manner in which arms are borne. 2nd) The legislature has a pre-emption law that prohibits counties, municipalities, and localities from enacting ordinances, resolutions, and laws that regulate the possession and carrying of firearms. 3rd) The state legislature gives the SMMA appointed peace officers the same authority, powers, and privileges regarding the enforcement of laws as that of county and municipal departments.
So clearly the SMMA has NO authority to pass, adopt, and enforce an ordinance that regulates the possession or carrying of firearms not only because it is inconsistent with the state constitution, but because the SMMA is also in violation the the state pre-emption law, because in the eyes of the legislature, the SMMA is a municipality and only has the powers as such.
I think it is time we nail'em. This could be the first move for GFODL and it could possibly get some media coverage and not to mention some law makers attention who would be interested in the violation that the SMMA is committing. What is everyone else's take on this?
Gerogia Firearm Owners Defense League
Ok clearly the legislature gives the SMMA authority to enact reasonable ordinances and the SMMA does have an ordinance that prohibits the possession of firearms at the park with the exception of LEO's. But the SMMA cannot enact ordinances that are inconsistent with the general laws or constitution of the state. So the SMMA is clearly in violation of state law by having an ordinance that regulates the possession and carrying of firearms within Stone Mountain Park. The reasons: 1st) The constitution of GA ONLY gives the state legislature the power to regulate the manner in which arms are borne. 2nd) The legislature has a pre-emption law that prohibits counties, municipalities, and localities from enacting ordinances, resolutions, and laws that regulate the possession and carrying of firearms. 3rd) The state legislature gives the SMMA appointed peace officers the same authority, powers, and privileges regarding the enforcement of laws as that of county and municipal departments.
So clearly the SMMA has NO authority to pass, adopt, and enforce an ordinance that regulates the possession or carrying of firearms not only because it is inconsistent with the state constitution, but because the SMMA is also in violation the the state pre-emption law, because in the eyes of the legislature, the SMMA is a municipality and only has the powers as such.
I think it is time we nail'em. This could be the first move for GFODL and it could possibly get some media coverage and not to mention some law makers attention who would be interested in the violation that the SMMA is committing. What is everyone else's take on this?
Gerogia Firearm Owners Defense League
