December 7, 2023 -- John Monroe Law has filed an "amicus" (i.e., friend of the court) brief with the Supreme Court of Georgia on behalf of Georgia Second Amendment, Inc. ("GA2A). The case, Christopher Massey v. State of Georgia deals with how courts in Georgia should analyze challenges to state law on Second Amendment grounds. The amicus brief urges the court to use the methodology laid out by the Supreme Court of the United States in last year's New York State Rifle & Pistol Association v. Bruen. This Georgia case is important to all who exercise their Second Amendment rights in Georgia, because the court's opinion will likely influence all Second Amendment cases in Georgia courts going forward. The brief may be read here: https://332ac990-6ea4-4296-b1e0-5c4a209efb6f.usrfiles.com/ugd/332ac9_a880837c633d4241978d468b9884c9dd.pdf
Firm News
- Sep 19, 2023
September 19, 2023 -- Today, the Supreme Court of Georgia handed another victory to a client of John Monroe Law, P.C. In the case, the client had been denied a Georgia weapons carry license ("GWL") on the grounds that he lacked "good moral character" because of arrests for which he had never been convicted. After a hearing with the probate judge, at which the client testified and the probate judge had an opportunity to ask questions, the probate judge affirmed his decision. The client sued in superior court and obtained a court order requiring issuance of the GWL. When the client sought an award of attorney's fees, as permitted by statute, the superior court ruled the fee-shifting statute is unconstitutional and violates "sovereign immunity."
The Supreme Court reversed, saying sovereign immunity has been waived and fee-shifting is constitutional. The Court also ruled that processing a GWL application is not a "judicial function," which is necessary for an application of judicial immunity. The case now returns to the superior court for an award of attorney's fees. John Monroe argued the case before the Supreme Court in May 2023.
September 6, 2023 -- Today, the Supreme Court of Georgia reinstated a case that had been dismissed by the Superior Court of Fulton County. In the case, John Monroe Law, P.C. had challenged Georgia's law banning felons from possessing firearms as applied to a firm client who had been convicted of a non-violent white collar crime (health care fraud). The superior court dismissed the federal constitutional challenge, ruling that such a challenge cannot be brought against the State of Georgia. It also dismissed the state constitutional challenge, ruling that Georgia's right to keep and bear arms is subject to "reasonable regulation" under the State's "police powers." The Supreme Court vacated both rulings and ordered the superior court to consider both claims again.