Guns in Georgia Airports?
A new law permitting Atlanta residents with concealed weapons permits to carry guns in restaurants, in state parks and on public transportation is raising ire among people on both sides of the gun rights debate. According to the Associated Press, GeorgiaCarry.Org, the state's "no-compromise voice for gun owners," is suing the state over their right to carry guns in Atlanta's airport.
In most American airports, security has been seriously ratcheted up since September 11th, 2001; it often seems like airport officials will transform any and every potential threat into a reason to search passengers and luggage more thoroughly.
At a time when fliers cannot carry significant amounts of liquid, must take off their shoes for inspection, and are barred from boarding without valid photo identification, the idea of airport patrons carrying firearms seems almost ludicrous.
City officials evidently thought so: before the law took effect, airports were declared "gun-free zones."
But lawyers for GCO are apparently challenging that label. Because the July 1st law welcomed firearms into restaurants and onto public transit, lawyers have reportedly argued, since airport terminals contain both restaurants and modes of public transportation, that those with concealed carry permits are within their rights to bring guns to Hartsfield-Jackson International, the nation's busiest airport.
To clarify, GCO isn't arguing that weapons should be allowed on planes, only in areas of the airport not restricted by security. Everything after security checkpoints is regulated by federal law, and is not at issue in this debate.
The New York Times reports that Airport Director Benjamin DeCosta has insisted that guns in airports would pose a threat to public safety. And, according to sources, the city of Atlanta will likely back that view. It seems the root of the issue is whether airports fall under the category of public transportation or public gathering.
As GCO lawyers argue, airports qualify as transportation (or failing that, contain restaurants), meaning that guns are permitted. But airport and city officials could easily argue that non-terminal areas of an airport (that is, places that have no access to actual gates) are places of public gathering, rather than transit.
By state law, firearms are banned in venues where the public gathers.
Sources report that Atlanta's mayor has noted that airports are still generally viewed as attractive targets for terrorists, and city officials seem ready to back her up. Evidently, anyone who is found carrying a firearm in an airport will be arrested and charged with a misdemeanor.
The lawsuit comes at an interesting time for Second Amendment rights in the U.S. The Supreme Court last month struck down a D.C. handgun ban in a controversial case and laws like the one recently enacted in Georgia are in the works in various jurisdictions. For the latest information on gun rights and other fascinating legal issues, be sure to visit Total Lawyers often.
