Law against out-of-staters getting gun licenses challenged


The Atlanta Journal-Constitution
Published on: 07/02/08

A Wisconsin man and a gun-rights group are seeking to overturn a law that prohibits out-of-state residents from applying for a Georgia firearms license.

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Regis Goyke, a resident of Wisconsin, and GeorgiaCarry.org Inc. filed the lawsuit June 27 in U.S. District Court in Atlanta.

The suit was filed against Fulton County Probate Judge Pinkie Toomer, whose office notified Goyke he could not apply for a firearms license. Atlanta lawyer John Monroe, who represents the plaintiffs, said he wants the case to be granted class-action status so all of Georgia's probate judges are defendants.

"This is a pretty clear violation," Monroe said Wednesday. "Georgia is not granting the same privileges to nonresidents that it grants to its own residents to apply for and receive a Georgia firearms license."

Monroe filed suit a day after the U.S. Supreme Court struck down Washington's handgun ban, ruling that individual citizens have the right to possess firearms.

That ruling should bolster the chances of the lawsuit, Monroe said. But the suit should prevail primarily because Georgia law is at odds with the U.S. Constitution's Privileges and Immunities Clause, the purpose of which is to place residents of each state on an equal footing with residents in other states.

Toomer declined to comment about the lawsuit.

State law says a Georgia probate judge may issue a firearms license to any person who is a resident of that county or to someone on active duty with the U.S. armed forces. The only other exception, the suit said, is that licenses can be granted to people attending international shooting competitions in Georgia.

Goyke usually engages in recreational — and lawful — shooting of handguns when he visits Georgia. Sometimes, when he comes here, he brings his own handgun with him. On other occasions, he borrows handguns from his Georgia relatives, the lawsuit said.

Goyke faces a problem because Wisconsin is one of a few states that do not issue firearms licenses, Monroe said. Also, there are almost 30 other states in the nation which issue firearms licenses that are not recognized in Georgia, the lawyer said.

This week, Monroe also filed suit on behalf of state Rep. Tim Bearden (R-Villa Rica) and GeorgiaCarry.org seeking the right for licensed gun owners to carry handguns into the nonsecure areas of Hartsfield-Jackson International Airport.

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