GeorgiaCarry.Org, Inc. v. Georgia, No. 11-10387 (11th Cir. 2012)Annotate this Case
In 2010, the Georgia legislature enacted a statute barring the unrestricted carrying of weapons or long guns in eight specific locations (the "Carry Law"). The statutory bar did not apply to a license holder if, on arriving at one of the eight locations, a person notifies security or management of the weapon and explicitly follows the security or management personnel's direction for removing, securing, storing or temporarily surrendering the weapon. Refusal to approach security or management personnel or to comply with management's direction is a misdemeanor. One of the eight locations is a "place of worship." In this case, Plaintiffs Edward Stone and Jonathan Wilkins alleged that they wanted to carry handguns to their respective places of worship. Plaintiffs sought a declaration that the Carry Law was unconstitutional. The U.S. District court found no merit to Plaintiffs' claims and dismissed their complaints. Plaintiffs appealed, arguing the allegations in their amended complaints were sufficient to make the case that the Carry Law's place-of-worship provision was unconstitutional on its face, or as applied to Plaintiffs. Upon review, the Eleventh Circuit concluded that Plaintiffs' allegations that the Carry Law interfered with their constitutional rights were not sufficient to survive a motion to dismiss. Accordingly, the Court affirmed the district court in dismissing Plaintiffs' claims.