Federal judge refuses to enjoin enforcement of airport gun ban

[JURIST] A judge for the US District Court for the Northern District of Georgia [official website] on Monday refused to grant a temporary injunction allowing concealed firearms in non-secure areas of the Atlanta International Airport. Gun ownership advocacy group GeorgiaCarry.org (GCO) [advocacy website] and state Representative Tim Bearden (R-Villa Rica) [official profile] had sought to temporarily prevent the airport from enforcing a total gun ban [press release, PDF] while the court considers a lawsuit [complaint, PDF; case materials] challenging the ban's constitutionality. GCO and Bearden argue that the ban also violates a state law [PDF text; statute materials] allowing the carrying of concealed weapons in state parks, public transit and other areas. The airport has issued a request to the Transportation Security Administration (TSA) [official website], asking the federal agency to sign off on the ban in order to preempt the state law. AP has more. The Atlanta Journal-Constitution has local coverage.

Challenges to firearm restrictions [JURIST report] have become increasingly common since the Supreme Court's 5-4 decision in District of Columbia v. Heller [Duke Law backgrounder; JURIST report], in which the Court affirmed a decision invalidating the District of Columbia's handgun ban [JURIST report]. Heller marked the first occasion that the Supreme Court directly addressed the Second Amendment since 1939's US v. Miller [case materials].

 

About Paper Chase

Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible format.

© Copyright JURIST Legal News and Research Services, Inc., 2013.