Georgia judge rules city’s gun ordinance unconstitutional and unenforceable


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one georgia judge The case against a man cited for violating a Savannah city ordinance banning carrying firearms in unlocked vehicles was dismissed Wednesday, ruling the ordinance violated state law and the U.S. Constitution.

In August 2024, Clayton Papp was cited by Savannah police for violating the ordinance, which states that leaving a firearm in an unlocked car results in a fine and possible jail time. His lawyers asked the judge presiding over his case to dismiss the subpoena.

Chatham County Recorder’s Court Judge Brian Joseph Huffman Jr.’s ruling likely applies only to Papp’s case because he challenged the statute in his criminal defense.

Savannah’s mayor said the city will continue to enforce the rule.

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man holding gun

A Georgia judge dismissed an indictment against a man who was cited for violating a Savannah city ordinance banning carrying firearms in unlocked vehicles. (Kyle Grillo/Bloomberg via Getty Images)

“This has been going on for quite some time, and we’ve reduced the number of firearms stolen from unlocked vehicles in Savannah,” Democratic Mayor Van Johnson told reporters.

Johnson’s push for gun regulations is aimed at urging people to own guns responsibly without infringing on their rights to own or bear guns. The number of guns reported to Savannah police stolen from unlocked cars dropped from more than 200 in 2023 to more than 100 this year, he said Wednesday.

The Savannah City Council voted unanimously last year to ban carrying guns in unlocked vehicles, with violations punishable by up to a $1,000 fine and 30 days in jail.

Supporters of the measure argue the law will make it harder for criminals to steal guns in the Peach State, where Republican state lawmakers have made it easier to own and carry guns.

“Concerns about firearms being stolen from vehicles and subsequently used in violent crimes are actually concerning,” the judge said in the ruling. “Good intentions, however, do not exempt legislation from constitutional scrutiny.”

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Van Johnson, Mayor of Savannah, Georgia

Savannah Mayor Van Johnson said the city will continue to enforce its gun ordinance. (Getty Images)

Hoffman Jr. dismissed the case in a ruling Wednesday, declaring Savannah’s ordinance “invalid and unenforceable.”

The judge said the ordinance violated state law, which prohibits local governments from regulating the “owning, possessing, transporting or carrying” of firearms.

He also ruled that the statute “burdens conduct expressly covered by the statute.” second amendment“.

Georgia’s Republican Attorney General Chris Carr celebrated the ruling, calling it “a major victory for law-abiding gun owners who should not be punished for the actions of criminals and thieves.”

Anthony Michael Kreis, a law professor at Georgia State University, told The Associated Press that while the judge found Savannah’s ordinance illegal, the ruling likely applies only to Papp’s case because the challenge was filed as part of a criminal defense rather than a broader lawsuit seeking an injunction stopping further enforcement.

“Theoretically, the city could continue to enforce the ordinance and have individual defendants raise the issue again as a defense,” Kress said.

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Georgia Attorney General Chris Carr

Georgia Attorney General Chris Carr celebrated the ruling, calling it a “major victory for law-abiding gun owners.” (Getty Images)

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one separate action Last year, a different Chatham County Superior Court judge dismissed a lawsuit filed by another gun owner seeking to block enforcement of the ordinance, ruling that the gun owner in that case did not have standing to sue because he was not a Savannah resident and was not cited by the ordinance.

The Associated Press contributed to this report.



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