In a case backed by the Firearms Policy Coalition (FPC) on behalf of one of its members, prosecutors in Savannah, Georgia, have dropped charges of violating the city’s illegal “safe storage” ordinance.
Savannah’s City Council passed a gun storage ordinance in April that requires that a firearm stored in an unoccupied vehicle not be visible and be securely stored in a glove compartment, console, locked trunk or the area behind the last upright seat of a motor vehicle that is not equipped with a trunk and that the doors of an unoccupied vehicle in which a firearm is stored must be locked. Violations can result in a $1,000 fine and imprisonment for up to six months.
In early May, Georgia Attorney General Chris Carr sent a letter to the city advising that the new rule was not valid as it was preempted by state law, which says cities aren’t allowed to regulate the possession, ownership, carrying or transport of firearms. However, Savannah leaders remained undaunted by the AG warning, insisting that the law would stand.
“In order to address the increasing amount of unsecured firearms stolen from unlocked vehicles the City of Savannah unanimously enacted this new ordinance,” the city replied in a released statement. “We certainly encourage our citizens to exercise their Second Amendment rights, but this ordinance remains in effect and will continue to be enforced.”
FPC member Deacon Morris was one of the people cited for violating the ordinance, prompting the FPC-backed defense in court. Finally, the city dropped the charges, a fact that pleased FPC President Brandon Combs.
“Governments often rely on steamrolling criminal defendants and coercive plea bargains, but Deacon Morris had excellent counsel, a strong defense, and FPC in his corner,” Combs said in a press release announcing the dismissal. “We are delighted that Mr. Morris can finally walk away from this outrageous prosecution and we can now turn attention to our Belt v. Savannah lawsuit, which we hope will end enforcement of Savannah’s unlawful ordinance once and for all.”
Belt v. Savannah is a parallel action filed by FPC challenging the Savannah gun storage ordinance. In that lawsuit, plaintiffs also contend that the ordinance violates Georgia’s firearms preemption law.
The complaint states: “The Ordinance is preempted by, and repugnant to, O.C.G.A. § 16-11-173, and is therefore void and unenforceable. Defendant has no power to enact the Ordinance, as such power is specifically withheld from Defendant by Article IX, Section II, Paragraph I(a) of the Georgia Constitution, and further limited by O.C.G.A. § 16-11-173, so the Ordinance is ultra vires.”
Plaintiffs are asking the court to declare that the ordinance is preempted by state law, issue an injunction prohibiting the city and its officers, agents, and employees from enforcing or attempting to enforce the ordinance, and issue an interlocutory injunction prohibiting enforcement of the Ordinance during the pendency of the case.
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