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Second Amendment trampled! Judge rules guns can be banned in public

September 2, 2016 By: Stephen Dietrich

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A judge has ruled that the Atlanta Botanical Garden has the right to bar its visitors from bringing in firearms, even though the garden operates on public property.

News outlets report that Fulton County Judge Gail Tusan ruled Thursday that despite the public ownership of the land, the botanical garden is a private entity and may lawfully prohibit guns.

Court records show Phillip Evans, a gun rights group member with a state firearms license, was escorted out of the botanical garden in 2014 for wearing a handgun in a waistband holster. His attorney argued that the garden leases land from the city of Atlanta and cannot keep properly licensed people from carrying weapons there.’

Georgia law allows guns on government land and in government buildings, with some exceptions.

The Associated Press contributed to this article. 

About the Author

Stephen Dietrich

Stephen is a U.S. Army veteran with over a decade of combined experience in political commentary, economics, and news.

Comments

  1. EEL RIVER says

    September 2, 2016 at 11:05 am

    time to toss a match in the gardens an start over. to many rules, to many laws and no freedom. this man was the victim of socialism.

    • Mathew Molk says

      September 2, 2016 at 4:41 pm

      Sounds ripe for to be overturned.

  2. Mikey says

    September 2, 2016 at 11:36 am

    Open Carry, however legal, invites scrutiny and often complaints, just as does actually using a legally carried firearm. If your license is for Concealed Carry, just CONCEAL IT! Smoke pot in private, hide your swastika tattoo under your shirt, keep your sex life behind closed doors, don’t brag about your crimes. Don’t invite trouble, and don’t invite the government to rule either for against you. Of all the “rights” we think we have, our anonymity is the one we should guard most closely.

    • Ric says

      September 2, 2016 at 12:31 pm

      You might just call that “common sense in action”. The problem is, how many people in this Country have common sense any more? Many people, whether right or wrong, seem obsessed with a passion to push their own particular agenda and those that don’t agree with it can just go to blazes.

    • Uncle Buck Ofama says

      September 2, 2016 at 2:23 pm

      Agree 100%, Mikey. Why INVITE inquiry? And not just from law enforcement, either. You’d think–for one thing–that a bad guy, intent on ‘doing’ a place, would quickly figure out that the ‘exhibitor’ would be at, or near the top of his ‘To Do’ list; he would, at the very least, want to keep an eye on him/her…perhaps eliminate him as Step 1, which turns a tactical advantage into a–possibly fatal–liability.

    • Casey Elliott says

      September 2, 2016 at 5:19 pm

      He was carrying concealed according to what I have read. Concealed doesn’t mean totally invisible all the time.

    • Mike says

      September 2, 2016 at 8:38 pm

      Remember that not exercising rights leads to erosion of those rights. Libs and others will think because they see no one doing certain things means no one cares not values the right in question and then will work to infringe on them.

      Liberty and freedom must be protected with blood if necessary.

  3. LAH053 says

    September 2, 2016 at 12:25 pm

    All the Atlanta Botanical Gardens did by doing this make it a free fire zone for nuts who want to kill. When are these so called responsible public venues going to allow responsible patrons to protect themselves when they the venue will not provide a safe environment. So when a nut kills patrons they can sue the gardens for not providing a safe environment for the patrons.

    • ddsipes says

      September 2, 2016 at 2:31 pm

      No they can’t. Read the article about the Aurora victims. They sued the movie theater for exactly that and lost. CONCEAL IT AND PROTECT YOURSELF.

  4. JerryBranson says

    September 2, 2016 at 12:33 pm

    Perhaps the judge needs to read the Second Amendment. There is no stipulation in it that denies carrying a firearm anywhere. But the person needed to be less conspicuous with his concealment.

  5. Michael says

    September 2, 2016 at 12:35 pm

    That judge cannot say that without congress say so. Judge for certain state is violating DONT TREAD ON ME..

  6. TruChristian says

    September 2, 2016 at 12:58 pm

    I would personally feel safer if a place I was entering did not allow any firearms in anyone’s possession. A license to carry a weapon (concealed or otherwise) does not guarantee that the person has no bad intentions to use it. One incident is enough to bring on a tragedy and a barrage of lawsuits that only enrich lawyers and nobody else. I believe in the Second Amendment, but like anything else, common sense should rule.

    • Uncle Buck Ofama says

      September 2, 2016 at 3:03 pm

      Well, Tru, that would certainly eliminate gun problems–IF, that is–we could just get those peaky bad guys to obey that policy.

      • Arthur Hartsock says

        September 5, 2016 at 8:07 am

        It would help if every time a violent felon committed a crime using a firearm they were either locked up for life or executed. Very quickly that would lessen the numbers of felons carrying pistols. Here in Minnesota the most common sentence for this type of crime is 7 or 8 years. Hard-core cons laugh at this short sentence. Let them know the next time will be their last-and enforce it.

    • Mathew Molk says

      September 2, 2016 at 4:51 pm

      All the more reason to carry a weaponf everywhere. What are the intentions of someone who has no CCW permit and seems not to have a weapon but still has one,,,and then starts shooting. Kind of like the guy in the movie theater. If you were there you would have thanked anyone who returned fire on the nut job and got his head down before he was able to shoot YOU,

      Bad guys will always have guns. There is nothing you can do to stop them, but good guys will not have them if liberals try to prevent them from doing so. Remember the life that a licensed CCW permit holder saves could be yours or a family member of yours.

    • Joe says

      September 2, 2016 at 11:55 pm

      The criminals will be first in line to give up their weapons!! You are either a criminal or stupid! Your comment proves that!!

  7. gail says

    September 2, 2016 at 2:00 pm

    I think we can safely say we know where the next attack will take place

    • Mathew Molk says

      September 2, 2016 at 4:54 pm

      Where ? I can safely say I aint got a clue. Could be anywhere or any one.

      That’s why all law abiding citizens should be REQUIRED to carry a weapon at all times when in public.

  8. drbhelthi says

    September 2, 2016 at 4:09 pm

    – one more “sounds good” decision, by a short-sighted judge, that cripples safety of visitors.
    Will police be stationed at the entrance and exit to insure that no criminal type with an unregistered firearm decides to enter and shoot a few people?

    • Mathew Molk says

      September 2, 2016 at 4:56 pm

      And strip search all who come to these gardens ?

      Way to go judge.

  9. Dennie Hulvey says

    September 3, 2016 at 7:09 am

    Here we go again This judge is nothing but a ex lawyer with a black dress on,thats the problem with this country.lawyers who think they are god,not one has the right to change the meaning of the constitution not even the Supreme Court.

  10. Jack says

    September 4, 2016 at 4:58 pm

    This judge needs a lesson in the constitutional rights of the American people !!!!

  11. Jack says

    September 4, 2016 at 5:00 pm

    Well I haven’t !!!

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