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Georgiacarry.Org, Inc.v.Code Revision Commission

CourtSupreme Court of Georgia
Docket No.S16A1045
DecidedOctober 31, 2016
JudgesSupreme Court of Georgia
Tags
CivilGovernment LawStatutory InterpretationDeclaratory JudgmentMotion to DismissDirect Appeal
Case Summary

The gun-rights organization GeorgiaCarry challenged the Code Revision Commission’s treatment of two conflicting weapons bills concerning firearms in school safety zones. One bill authorized a licensed person to carry a firearm in such a zone; a later bill prohibited weapons there except in a limited circumstance involving carrying or picking up a student. GeorgiaCarry sought mandamus relief and a declaratory judgment requiring the earlier language to be restored. The Supreme Court of Georgia held that the two enactments were irreconcilable and that the later bill controlled under Georgia’s rule for conflicting legislation passed in the same session. The earlier authorization therefore did not survive, and the Code Revision Commission had correctly codified the later prohibition. Because the law in effect supplied no legal basis for GeorgiaCarry’s requested relief, the complaint presented no actual controversy suitable for a declaratory judgment and could not support mandamus. The Court affirmed dismissal of the complaint. All the Justices concurred.

Opinion

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Georgiacarry.Org, Inc. v. Code Revision Commission — The Atlanta Gleaner