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In July 2008 the Georgia General Assembly passed HB 89, allowing firearms carry on public transportaion, restarants that serve alcohol, and in state parks and wildlife areas to those who possess a license.

Protesters predicted shootouts on the trains and busses, and both the city of Atlanta and Metropolitan Atlanta Rapid Transit (MARTA) officials lobbied strenuously against the bill.

Despite calling the bill a “recipe for disaster” the cime rate has actually dropped off significantly since the passing of the bill

In 2007 the Metro Transit system had 2 murders and 94 robberies, after the law took effect there were ZERO murders and only 67 robberies.

However not everyone is satified with the positive results of lawful carry by law abiding citizens.

Northern District of Georgia federal judge Thomas W. Thrash Jr. ruled today that carrying a firearm on MARTA justifies forcible detention by the police, in a federal civil rights lawsuit.

Chris Raissi holds a Georgia firearms license and frequently carries his handgun. On October 14, 2008, he was lawfully carrying on MARTA. He did not know that a MARTA police officer observing the parking lot had seen him holstering and his firearm while still at his car.

Chirs was surprised when he was surrounded by police officers who yelled “Police!” and ordered him to stop. The officers then seized his firearm from his holster and began questioning him.

What are you doing with a gun?

After seeing Raissi’s firearms license and driver’s license, the officers ran background checks on Raissi and detained him for half an hour. The officers transported Raissi to a locked area out of the public eye before finally releasing him and returning his firearm and other property.

In the ruling today, Judge Thrash held that merely carrying a concealed firearm justifies detention and disarmament. He wrote in his opinion that “possession of a firearms license is an affirmative defense to, not an element of, the crimes of boarding MARTA with a concealed weapon and carrying a concealed weapon.”

After Raissi concealed his handgun and started walking to toward the MARTA station, he had committed all of the acts required for the crime of boarding with a concealed weapon and the crime of carrying a concealed weapon.

Judge Thrash held for trial Raissi’s Privacy Act claim, based on the demand for Raissi’s social security number. He refused to rule on the request that MARTA be enjoined from requesting social security numbers because MARTA stated that it no longer demands social security numbers of those who provide firearms licenses. “It seems very unlikely that members would carry a Georgia firearms license but then refuse to provide it to MARTA police officers.”

John Monroe, Christopher Raissi’s attorney, expressed disappointment with the opinion and declared that if the opinion stands its effects will be felt far beyond MARTA:

The decision means everyone seen carrying a firearm in any place that is prohibited without a license is subject to being stopped, arrested, and prosecuted, even if they have a license. Anyone carrying a firearm in a restaurant that serves alcohol or a state park is fair game. The same goes for police officers. A police officer carrying a firearm in a restaurant, bar, or school is subject to arrest, including a citizen’s arrest, because being a law enforcement officer is an affirmative defense and not an element of the crime.

Mr. Monroe has not yet decided whether to appeal, but observed that such a decision would probably not be made until the entire case is over, including the trial on the Privacy Act claim.

See the court documents yourself: @GeorgiaCarry.org

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