GCO (GeorgiaCarry.org) has filed a motion in its federal lawsuit against MARTA, seeking, among other things, an injunction against MARTA’s policy of detaining everyone seen carrying a firearm. In its motion, GCO quotes MARTA officials who testified that MARTA has a “procedure” to detain anyone seen carrying a firearm to check for ID and GFL. MARTA police stopped GCO member (and GFL holder) Christopher Raissi who carried a holstered handgun in the Avondale train station. Police seized Raissi’s handgun and did not return it until the detention ended in a non-public area of the station to which they had moved Raissi. The officers who stopped Raissi admitted that Raissi was not suspected of any criminal activity other than the possibility that Raissi was carrying without a GFL. They stopped him for the sole purpose of checking to see if he was licensed to carry. Comparing the facts of this case to a United States Supreme Court opinion that it is unconstitutional to stop a motorist just to see if he has a driver’s license, GCO argues that stopping someone just to see if he has a GFL violates the Fourth Amendment.
GCO’s motion also asks the court to rule that MARTA officials violated the state Open Records Act multiple times. Raissi sent the chief of the MARTA police a certified letter asking for records related to his detention. MARTA admits receiving the request and that it failed to respond. In another request, GCO lawyer John Monroe made an oral request, followed by multiple email followups, to the assistant police chief, asking for MARTA’s policy pertaining to people carrying firearms on MARTA post-HB 89. The assistant chief admits he received the emails, but denies that an ORA request can be made via email. He admits he did not respond to the request, primarily because MARTA has a “procedure” for dealing with people carrying firearms but not a “policy.”
The documents in this case may be viewed here.
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