[PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 11-10387
________________________
D.C. Docket No. 5:10-cv-00302-CAR
GEORGIACARRY.ORG, INC., THE BAPTIST
TABERNACLE OF THOMASTON GEORGIA INC.,
EDWARD STONE, JONATHAN WILKINS,

versus
THE STATE OF GEORGIA, UPSON COUNTY GEORGIA,
GOVERNOR OF GEORGIA,
COUNTY MANAGER KYLE HOOD,
Defendants-Appellants.

Judges.
Case: 11-10387 Date Filed: 07/20/2012 Page: 1 of 40
TJOFLAT, Circuit Judge:
Case: 11-10387 Date Filed: 07/20/2012


In 2010, the Georgia legislature, apparently concerned that the carrying of
weapons and long g 1 uns2 would likely present an unreasonable risk of harm to
people who assemble in eight specific locations, enacted a statute barring the
unrestricted carrying of weapons or long guns in those locations. O.C.G.A. § 16-
11-127(b) (this provision is hereinafter referred to as the “Carry Law”).3 This
1 A “weapon” is a “knife or handgun.” O.C.G.A. § 16-11-125.1(5). A knife is “a cutting
instrument designed for the purpose of offense and defense consisting of a blade that is greater
than five inches in length which is fastened to a handle.” Id. § 16-11-125.1(2). This case
involves the carrying of a handgun.
2 A “long gun” is a “firearm with a barrel length of at least 18 inches and overall length
of at least 26 inches designed . . . to be fired from the shoulder[.]” Id. § 16-11-125.1(4).
3 O.C.G.A. § 16-11-127 reads, in relevant part:
(b) A person shall be guilty of carrying a weapon or long gun in an unauthorized
location and punished as for a misdemeanor when he or she carries a weapon or
long gun while:
(1) In a government building;
(2) In a courthouse;
(3) In a jail or prison;
(4) In a place of worship;
(5) In a state mental health facility . . .;
(6) In a bar . . .;
(7) On the premises of a nuclear power facility . . .; or
(8) Within 150 feet of any polling place


http://www.ca11.uscourts.gov/opinions/ops/201110387.pdf

It's a start.

Statutory bar does not apply, however, to a license holder4 if, on arriving at one of
the eight locations, such person “approaches security or management personnel
upon arrival . . . and notifies such security or management personnel of the
presence of the weapon or long gun and explicitly follows the security or
management personnel’s direction for removing, securing, storing, or temporarily
surrendering such weapon or long gun.” Id. § 16-11-127 (d)(2). The refusal to
(c) Except as provided in Code Section 16-11-127.1, a license holder or person
recognized under subsection (e) of Code Section 16-11-126 shall be authorized to
carry a weapon as provided in Code Section 16-11-135 and in every location in
this state not listed in subsection (b) of this Code section; provided, however, that
private property owners or persons in legal control of property through a lease,
rental agreement, licensing agreement, contract, or any other agreement to control
access to such property shall have the right to forbid possession of a weapon or
long gun on their property, except as provided in Code Section 16-11-135. A
violation of subsection (b) of this Code section shall not create or give rise to a
civil action for damages.
(d) Subsection (b) of this Code section shall not apply:
. . .
(2) To a license holder who approaches security or management personnel
upon arrival at a location described in subsection (b) of this Code section
and notifies such security or management personnel of the presence of the
weapon or long gun and explicitly follows the security or management
personnel’s direction for removing, securing, storing, or temporarily
surrendering such weapon or long gun[.]
(emphasis added).
4 O.C.G.A. § 16-11-126 describes under what circumstances a person needs a weapons
carry license in order to possess and carry a weapon or long gun. In essence, the statute prohibits
carrying a weapon or long gun without a valid license, unless the carrying falls under one of
seven situations not relevant to this case.
3