Georgia has a preemption law in place. That means local governments cannot just create their own gun control laws, no matter how much they think they can. Atlanta was notorious for a while for testing that, and I have little doubt they've kept it up. I just haven't been following it quite as much.
But Savannah isn't Atlanta. It's not home to the state legislature or the massive corporations that call the city home.
While it's a tourist destination for many, seeing as how it's a gorgeous city, it's definitely not a place where local politicians should think the rules don't apply to them. And yet, they do.
The city created its own gun control measure last year. So far, it's survived a legal challenge because of standing, but that's not likely to last.
Especially since the Firearms Policy Coalition has decided to get into the matter.
Today, Firearms Policy Coalition (FPC) announced that the organization and one of its members, Deacon Morris, have filed a new lawsuit, Morris v. Savannah, challenging a City of Savannah, Georgia firearm ordinance that is patently unlawful under the State’s comprehensive firearm preemption law.
“On August 9, 2024, the Savannah Police Department issued a citation to Morris for a violation” of the ordinance, the complaint explains. In response, “FPC undertook the costs of Morris’s legal representation in defense against the Citation.” The City ultimately decided not to prosecute Mr. Morris, but not before FPC incurred fees and costs to address the illegal ordinance and its enforcement.
Through this new case, the plaintiffs are seeking to have the ordinance “declared void and unenforceable, on the grounds that the ordinance is preempted by state law, the Georgia Constitution, and is ultra vires, and to recover damages incurred as a result of Defendant’s enforcement of this law.”
That looks like standing to me, though I'm sure the attorneys for Savannah will come up with some loony argument to the effect that the lawsuit filed FPC and Morris should be thrown out.
For the record, ultra vires means "acting or done beyond one's legal power or authority," which is most definitely what Savannah has done.
The FPC's complaint can be seen here.
The truth of the matter is that the state Supreme Court has a long history of upholding preemption, so it's unlikely Savannah is going to come out ahead on this one. The precedence is clear in the case, unless something weird happens. Since seven of the eight justices were appointed by Republican governors--the lone exception won a non-partisan election for his seat--it seems unlikely that's going to happen.
I might be wrong, but it's unlikely.
Honestly, though, the fact that this is even a thing is stupid. While the media talked about the ordinance a lot prior to passing, they kept ignoring preemption. It took weeks before they ever mentioned it, which is curious to me because I know at least one person they interviewed mentioned that, but it was left out of the final report.
Curiously.
Anyway, they can't really ignore it now, and even if they do, it doesn't matter. This isn't something for the media to fight. This is a legal matter, and the truth is that Savannah grossly overstepped its authority. Now, they're going to learn just how much.
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