Let The Prisoners Go Free! © 2022 Phillip Evans

There are men and women sitting in jail or prison today whose only "crime" was carrying a weapon (firearm, knife, etc.) for self-defense purposes, but without a government permission slip. And those that have managed to get out have gone through untold hardships to include stress, divorce, loss of home, loss of income, etc., not to mention a criminal record.

Now that we have the U.S. Supreme Court Bruen decision, are we going to soon see a mass exodus to liberty for these political prisoners who are immorally held hostage merely because elite politicians virtue signaled by passing Jim Crow laws requiring citizens to obtain a license to carry a self-defense weapon?

Creative Commons 2.0 Photo of Prison Bars by Jenn Vargas (lightened and sharpened by Author)

Or will this be a one-at-a-time slow wheels of "justice" process with Democrats fighting it tooth and nail every step of the way?

I'm demanding that these prisoners be set free right now with the full exercise of their rights restored! And with sufficient monetary compensation for the time that was stolen from them and their families by government.

Some of them are women who preferred not to be raped, who armed themselves in New York City where for decades it's been practically impossible for non-rich, non-politically connected citizens to obtain a carry license in that City's mafia-type corrupt, Democrat run government.

Some of them are Blacks who carried a gun because they didn't want to get robbed or gunned down on the street. And it was the motive to disarm Blacks that prompted White Democrats to pass a license requirement in the first place.

Practically all of them are regular United States citizens who supposedly had the free exercise of a human right guaranteed by the Second Amendment. But local, state, and federal governments have been playing pretend for too many years that such protection didn't really apply to citizens, that "shall not be infringed" doesn't really mean what it says.

The first post-Bruen dismissal of carrying a firearm without a license charge I know of occurred August 17th. Oddly, there is still a pending charge of obtaining a firearm without a license in that case.

I don't expect our current President to know or care about this topic. But by now every state governor knows about the Bruen decision. And if any of them has any genuine intelligence, they understand that a requirement to obtain a license to exercise our Second Amendment Rights was never the intent of the Founding Fathers, and for at least 100 years after the U.S. Constitution's ratification there was no requirement for such a license. Such is the historical evidence, which is now the test for whether a law touching on the Right to Keep and Bear Arms is constitutional.

Governors should start now by issuing full pardons and restoration of rights for any convictions related to license requirements to possess or carry a firearm or other self-defense weapon if the person was carrying for lawful purposes.

If it's taken 233 years for our High Court to finally get to a decision like Bruen, surely there should be no further delay. Dr. Martin Luther King, Jr. stated in his letter from a Birmingham, Alabama jail that "justice too long delayed is justice denied".

Florida Blind Man Falsely Arrest Over Openly Carried Gun (Actually Cane) © 2022 Phillip Evans

James Hodges, though legally blind, has limited eyesight and does not always use his cane. Folded and in his back pocket as he was walking back from a jury duty appointment, it appeared to Columbia County Sheriff’s Deputy Jayme Gohdy to be a firearm, who then detained and questioned him.

Columbia County Detention Facility (Fair Use)

Once Deputy Gohdy verified the cane was not a firearm, the "reasonable, articulable suspicion" basis for the initial detainment vaporized. Mr. Hodges should have immediately been free to go. However, the deputy, admitting to be a "tyrant", pressed the issue as well as another deputy and demanded that Mr. Hodges identify himself.

When he politely refused, as well as properly asserted his right to not be searched, they cuffed him and rifled through his papers anyway, and took him to jail.

There is going to be an expensive litigation lesson here for the Columbia County Sheriff's Office.

This incident is wrong on so many levels. Now that the Second Amendment's "shall not be infringed" is starting to mean what it says, due to Justice Thomas' brilliant opinion in Bruen, the handful of states that generally ban the open carry of firearms like Florida, are going to either repeal the ban, or have it ruled as unconstitutional. Voluntarily or kicking and screaming it will happen, and soon.

Look, I get it that most citizens who legally carry would never carry openly. But I'm at least hopeful that no one who claims to be a genuine supporter of our rights would agree to put someone behind bars for peacefully carrying a holstered, visible pistol. You might not think it a good idea, but you choose to live and let live, right?

Folks, this is Gov. Ron DeSantis' state, the one who promised to sign "Constitutional Carry" if a bill landed on his desk, but who has never publicly called for it in earnest to get to his desk. See the catch?

This is the same Gov. DeSantis who made not a peep when state firearms preemption was mocked, as legal and licensed carriers were denied their right to be armed at one of his campaign events.

AND, yet another false arrest of a peaceful citizen who was lawfully protesting that firearms ban on a pubic sidewalk, without obstructing anyone's path into the event.

Florida Carry has lobbied for years to overturn numerous Second Amendment infringements, with some good success, but with much work left to be done. 

The general ban on open carry is just one. Others are the many enumerated off-limits places, as well as a slew of unenumerated off-limits places where a private entity can temporarily rent, lease, or have a permitted event on public property used for the general public, and can ban firearms carry on your tax-payer owned property. That's a big one, and should be fixed pronto.

Zoo Atlanta Officials: LIE-ons, Tigers, And Bear-ers, Oh My! © 2022 Phillip Evans

If something smells like elephant poo, it's probably elephant poo. If someone spouts what sounds like baloney, it's probably a load of baloney, such as Zoo Atlanta's recent statement regarding their weapons policy flip-flop.

Zoo Atlanta Photo (Public Domain)

"Zoo Atlanta continues to believe that its decision to prohibit carrying of guns onto Zoo Atlanta grounds is legally supportable and in the best interest of safety. At this time, however, Zoo Atlanta is choosing not to undergo the major distraction and expense of litigation, but will instead give public officials an opportunity to consider and address this issue."

I believe the very first sentence is a lie. I'm near 100% certain Zoo Officials consulted with legal resources at the City of Atlanta, and was told flat out they had zero legal grounds, otherwise the City would have gotten behind them and provided at least a little support for their position, but there was none forthcoming.

And if they really believed their legal position was sound, why did they fold so quickly on Oct. 28th? No one at all that I know of threatened any legal action. I certainly did not threaten to sue them, but I did email them on Oct. 20th that it could cost them a lawsuit if they violated anyone's rights. They were certainly free to make a knowledgeable determination as to how to avoid doing such. 

Another odd thing about their statement - If they really believed that lawful carry of weapons was a threat to visitors, they certainly placed avoiding "distraction" and "expense of litigation" at a higher priority than your safety, and it didn't take them long to reach that decision.

Perhaps they truly don't believe lawfully carried weapons are an issue at the Zoo. Such a sentiment is merely an excuse to support their political position of gun control. After all, their official policy since sometime in 2016 until Sept. 1st, 2022 was to ALLOW lawfully carried weapons, with zero problems at all by lawful carriers during that time.

What was the impetus for their Sept. 1st renewed gun ban this year? It was an attempt to piggyback onto the Atlanta Botanical Garden's case in it being decided that it possessed an "estate for years" type lease which gave it ownership rights.

Apparently, Zoo Officials were unable to realize that the Zoo possesses no lease at all for the publicly owned property inside Grant Park. The Atlanta-Fulton County Recreation Authority, a government entity, holds the lease. Some folks just don't know how to pay attention to details, and details often matter.

I've taken my family to visit Zoo Atlanta at least three times in years past, and wore my visibly holstered pistol on my hip, with no issues at all. No one seemed to bat an eye, not even the international visitors. Once, a member of Zoo Security asked to see my license to carry, and I politely provided it. Now, anyone who qualifies for a license is considered a lawful carrier. They are no longer required to do the paperwork and pay a fee to exercise their Second Amendment Rights in public, as it should be.

Some of the comments on this story out on the web are rather humorous. Some are saying because of the Zoo's capitulation, they are never going back. Did they not know the Zoo allowed weapons carry from 2016? Did they also not know the Zoo has never had metal detectors for general admission? 

Others are incredulous that anyone would need a gun at a zoo. I suppose one could make that same empty argument regarding any place that is supposed to be safe. Unfortunately, criminals don't care whether a park, bike trail, zoo, restaurant, theater, library, or school is supposed to safe. When bad guys make appointments, I'll know when I can leave my gun at home. But if I'm on the road traveling to the zoo, I'll be armed, and I won't be leaving my gun in the zoo's parking lot to be potentially stolen. People also sometimes get attacked walking in parking lots.

As for the racist comments that gun rights advocates are only doing this because of criminals who are Black, that's a load of garbage. In several of my blog articles I have made it clear that Black citizens should be armed for their protection. Percentage-wise they are victims of violent crime more than non-Blacks. I have seen Blacks carrying a gun on their hip in the open just like me, and felt safe around them, and have thanked them in person.

A human right such as armed self-defense belongs to us all equally, regardless of race. I wish Black Democrat politicians would believe that too, instead of trying to disarm their own people when they are at just as much or more risk from being harmed by crime than others.

Regardless of your race, if you value your liberty to be armed in public for your safety and that of your families, please consider joining the premiere state-wide organization with a long track record of success in fighting for your rights: GA2A.org.

Zoo Atlanta To Demand Your Weapons Carry License? © 2022 Phillip Evans

Zoo Atlanta spokesperson Rachel Davis said, “Our statement ‘permitted by law’ means that guests may carry only with a legal permit.”

Atlanta Cyclorama Building at Zoo Atlanta, Photo by "London looks"

I continue to be astonished at the incorrect information Zoo Officials continue to make public. They should be ashamed of embarrassing Ms. Davis with the task of repeating such drivel.

First of all, Georgia does not have a "permit", it is a "weapons carry license".

More importantly, Georgia now defines a lawful carrier as anyone who can qualify to receive a weapons carry license whether or not they have applied for one.

Finally, even if a license were still required to carry a handgun in public, the Zoo would still lack the legal authority to demand to see anyone's license.

They certainly may politely ask to view your weapons license if you happen to carry openly, and you may politely decline to answer, with no actionable consequences against you for your refusal, such as kicking you off the property, or anything else.

So just wish them a nice day and go on about your visit. You don't have to show them anything other than your ticket or membership card.

The irony in all this flip-flop saga of banning, allowing, then banning again and once again allowing weapons, is that the Zoo has never effectively banned weapons in the first place. Never any metal detectors to my knowledge, although they might have used them in the past for special events, I don't know. But in general weapons have always been on Zoo property carried by lawful and sometimes unlawful carriers, and they know that.

Neither a paper policy nor a prohibition on a website can keep anyone safe. Real safety lies in the ability of people to keep themselves safe from armed criminals, not in virtue signaling or in giving lip service to safety. Feel-goods for the sheep do not a reality make.

Banning Weapons - Mystery Of The Public or Private Property Question © 2022 Phillip Evans

Like most anyone, I love a good mystery, but only on TV as I don't have much time or patience for reading a large novel. 

However, when it comes to where I can carry a firearm or other lawful weapon on privately leased, but publicly owned property used by the public, I want it cut and dry every time.

Open Clipart Image of Detective Used, Text Mine

Georgia's HB60 that became law July 1st, 2014 was intended to be the cure for this mystery. The Georgia General Assembly logically inserted the word "private" into the law to clarify that only privately owned property owners could blanket-wise ban all weapons from their property.

When the Atlanta Botanical Garden (publicly owned property, but privately leased) raised its hackles at this provision and refused to follow it, Georgia Carry (now GA2A.org) and I filed suit against the Garden.

What followed was a mixed bag of legal goods.

The Georgia Supreme Court gave us a general victory of sorts in Oct. 2019 when it ruled that those in control of privately leased public property could not ban weapons IF it merely held a "usufruct" (to use and enjoy) type lease, but that they could if they held an "estate for years" (ownership rights during the lease term) type lease.

The Garden's lease type was litigated and determined to be an "estate for years" on Jan. 31st, 2022 by the Georgia Court of Appeals. But being a property owner now means you get to pay property tax. Be careful what you wish for!

Now another entity, Zoo Atlanta (located on public property), wants on the Garden bandwagon and Sept. 1st, 2022 reinstated its blanket weapons ban (except for law enforcement), after following state law for the last few years. However, the Zoo is not in possession of the property's leasehold interest. The Atlanta-Fulton County Recreation Authority (a government entity) holds it, so this should be a slam-dunk for us hopefully not requiring court action.

Although a lease with a length term exceeding five years is presumed to be an "estate for years", that is not the only factor to consider. Conditions in the lease may determine even a 50 year lease to be a "usufruct".

So do we need to litigate potentially hundreds or even more leases around the state to get to the bottom of whether those publicly owned properties used by the public, but privately leased, can ban legally carried weapons? What a chore that would be!

Here's the fix: REQUIRE by law that any government entity that leases public property to a private entity explicitly specifies in the lease whether the lease grants an estate for years or is merely a usufruct.

Not only would this benefit citizens who wish to protect their right to carry on their tax-payer owned public property, but it would also benefit government in determining whether these large private entities should be paying their fair share of property tax.

It's notable that the City of Atlanta specified in their lease contract with the Garden that the Garden was not to pay property tax. One would think that meant the City was signaling the lease was merely a usufruct, as those by law are not taxable.

The Georgia Court of Appeals, beyond belief, instead took this to mean that even if the City unlawfully granted the Garden a tax exemption, it still had an estate for years. Talk about upside down logic, or total lack thereof.

Hopefully, our Georgia General Assembly will once again take action and put final closure to this issue once and for all. 

Our right to be armed to keep ourselves and our loved ones safe from criminals on public, tax-payer owned property should not be held hostage by lease documents of a type we do not clearly know, that we should be burdened with the task of suing in order to find out.

Government shenanigans where leases are written with a wink and a nod letting the lessees assumedly get to have "private property" rights to ban weapons carried by lawful citizens, but not have to pay property tax is unfair and immoral, and should be immediately stopped.

Regardless of how one feels about citizens carrying guns in public, at least we can all agree that businesses should pay their fair share of the tax burden. How many millions of dollars have you and I had to pay in property tax because certain businesses got an unlawful free ride out of paying their property taxes?

Atlanta Botanical Garden - Tax Man Cometh? © 2022 Phillip Evans

The Atlanta Botanical Garden won a court case Jan. 1st, 2022 which allows it to ban weapons on its property that is leased from the City of Atlanta. Georgia Carry (now GA2A) and I were plaintiffs in the case. 

Photo by David Berkowitz

The Court's ruling means that the Garden is and has been a property owner for several years, and like all other property owners in the State of Georgia per the Georgia Constitution, it is required to pay property tax unless it receives an exception granted in accordance with state law. And there is a new case over taxes filed by a resident of Atlanta and a resident of Fulton County for these governments' failures to collect property tax from the Garden. (1)

Has the Garden made application for any exemption? 

I'm guessing not, since during the lawsuit originally filed in 2014, they relied on the City of Atlanta's stipulation in their lease agreement that they do not have to pay property tax. 

To date, neither the City nor Fulton County has ever collected property tax from the Garden, and the Fulton County Tax Assessor website continues to list the Garden as PUBLIC, not private property, in spite of the Georgia Court of Appeals ruling making it private property.

Fulton County Property Classification: E1 = Public Property, with Land Use Code 610 (Recreation/Health)

One cannot imagine the hubris of the City of Atlanta intending to grant an estate for years (2) to the Garden with a lease contract containing a provision that exempts it from paying property tax contrary to statute and the Georgia Constitution. But corruption with a sizable dish of arrogance seems to come naturally to Democrat run cities.

The Georgia Department of Revenue's 2022 Opening Session PowerPoint Presentation highlights some of the facts of the case starting at slide 75:

https://dor.georgia.gov/document/document/caveat-2022-opening-session/download

While not giving an opinion whether the Garden should pay AVT (ad valorem tax) on the property, the report is indicative that the GA DOR is keenly aware of the issue, as it should be. And I'm sure they are keeping a sharp eye on further developments.

Additionally, will the fact that the Garden is now a private property owner have any impact on its tax filings with the IRS? Very possibly, especially if the IRS views the non-payment of property tax on private property as taxable income.

Were the Garden to be billed for all the back property taxes it owes, it could amount to over $100 million dollars - money which other property owners in Atlanta and Fulton County have had to pay to make up for the difference while the Garden has not been paying its share of the government mandated burden.

The City of Atlanta continues to pour millions of tax-payer dollars into the Garden property, and yet the property which is part of Piedmont Park is supposedly "private property"? Unreal.

The GA Court of Appeals mind-boggedly did not view it as a troublesome issue to rule that the Garden possessed an estate for years and at the same time not pay property tax, so it would not surprise me if it were to rule in favor of the Garden in regard to property taxes in the new lawsuit if it gets to that level.

However, the Georgia Supreme Court may not look kindly on such a flagrant violation of the Georgia Constitution. Were the Garden to be allowed an unfair pass on paying its fair share, other large property owners would come forward wanting the same treatment, with the mom and pop businesses and homeowners stuck with the shaft to make up the shortfall.

Should the Garden see the writing on the wall, it may quickly work with the City of Atlanta to rewrite their lease contract to convert it to a "usufruct" (a license to use and enjoy), which by law is not subject to property tax, but then the Garden could not ban lawfully carried weapons. 

Would doing that shield the Garden from back property taxes? I don't see how, as it would be a new contract going forward. 

The Garden, in its zeal to ban lawful carriers being armed while visiting, may have gotten itself wedged between a rock and a hard place in the sense that it may have to pay millions of dollars in tax arrears regardless if its lease is changed or not. The irony is that firearms and other weapons are still getting into the Garden every single day, as good citizens primarily carry concealed, and there are no metal detectors or searches upon entry.

So the reality is that all this time and expense the Garden has involved itself with, has been to ban a fraction of lawful carriers who choose to openly carry a visibly holstered pistol on their side.

The issue isn't about safety from the Garden's point of view - they KNOW guns get in on a regular basis. It is about appearance only. And even that is for nothing. Other public venues such as Stone Mountain Park, with many more visitors and from all over the world, has virtually daily sightings of citizens openly carrying a handgun, with no impact on revenue and no other issues as a result.

If you value your Second Amendment Rights and desire that laws are passed which honor and promote the right to keep and bear arms, then become a member of GA2A, the only statewide organization with a proven track record of success in working with the Georgia General Assembly to further our self-defense liberties.

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(1) The City of Atlanta and Fulton County are being sued by two private citizens over the Atlanta Botanical Garden getting an unlawful pass to not pay property taxes as a property owner, as the Court of Appeals ruled this year that the Garden has an "estate for years" type lease, meaning certain property ownership rights, such as the ability to ban weapons. Fulton Superior Court Case Number: 2022cv368333. Create an account on their website to search for the case.

(2) An Estate for Years is a grant of “the right to use the property in as absolute a manner as may be done with a greater estate, provided that the property or the person who is entitled to the remainder or reversion interest is not injured by such use.” O.C.G.A. § 44-6-103.

Zoo Atlanta Weapons Policy Flip-Flop © 2022 Phillip Evans

Major Updates Below!

As recently as June 23rd, 2022 (per the Wayback Machine Archive) the page at https://zooatlanta.org/visit/rules/ stated with regards to prohibited items: 

"Weapons of any kind except as permitted by law", meaning that lawfully carried weapons were permitted, which aligns with state law. This wording had been used since 2014, after HB60 took effect.

Image by Author using Public Domain Material

That same page now reads:

"Weapons of all types are prohibited inside Zoo Atlanta", a blanket prohibition, which goes back to the pre-2014 language.

Yesterday I spoke with a member of their security office who told me the policy change was a result of a change in the law, and when I questioned further, the gentleman told me it was a "city law". Searching for a new city ordinance did not turn up anything.

Oddly enough, a different page on the Zoo's site currently has wording similar to the first one above:

https://zooatlanta.org/visit/  "Weapons, except as permitted by law"

So now there seems to be conflicting messages on the site.

Regardless, the gentleman at the Zoo's security office was clear that they intend to enforce a no-weapons policy for everyone except law-enforcement.

Fast forward to today, Oct. 20th, 2022 - A Mr. Gray (if I heard his name correctly) phoned me from the Zoo. He confirmed the policy change occurred Sept. 1st.

Mr. Gray stated that a group of Zoo officials determined that the Court of Appeals ruling from Jan. 1st, 2022, which granted the Atlanta Botanical Garden the right to ban guns applied to the Zoo.

I explained to him that the ruling applied to the entire state, in the sense that any property determined to have ownership rights via an "estate for years" type lease can ban weapons, but that the Zoo could only ban weapons if they had such a lease, and asked him if the Zoo Officials has made that claim. He side-stepped that question and promised to have someone else call me back.

Either that is the Zoo's position, that they claim to have an "estate for years" type lease, or they simply misunderstood the Court's ruling entirely and believe that they can do what the Atlanta Botanical Garden can, just because.

This blog article will be updated as more information is gathered.

UPDATE!!!

Thanks to Dawgdoc over at GeorgiaPacking.org, I have obtained info that is ruinous to the Zoo's position and have sent the Zoo an email with a copy to the Atlanta Police Department.

Here is the complete email:

Dear Zoo Officials,

I've learned that on Sept. 1st this year, you implemented a blanket policy banning all weapons carry, except by law enforcement.

Is it your position that your lease with the Fulton County Government (removed City of Atlanta for the pasted text here, misspoke in the email) is of the type known as an "estate for years", which grants you certain ownership rights, such as the right to ban weapons? Are you sure you'd like to be a property owner subject to paying property taxes?

Are you aware that the leasehold interest of the Zoo Property is assigned to the Atlanta Fulton County Recreation Authority? AFCRA has oversight over Zoo operations, including a vote on major Zoo contracts.

What all does this mean? It means your interest in the property is merely a "usufruct", and not an "estate for years", meaning you lack the authority to ban legally carried weapons by any lawful citizen, per your lease and per the Oct. 2019 ruling of the Georgia Supreme Court in Georgia Carry v. Atlanta Botanical Garden regarding usufructs and estate for years pertaining to the banning of weapons on publicly owned property.

The Atlanta Botanical Garden can ban guns because their lease was determined this year to be an "estate for years". Your lease is not possible to be ruled as such, due to the facts I outlined above. Therefore, you do not get to do what the Garden can, just because you want to. There has to be a legal basis for it, and there is none.

I suggest you check with your attorneys quickly on this matter, for if you violate the rights of a lawful citizen carrying a legal weapon at the Zoo you risk a costly lawsuit.

The Atlanta Police Department is well aware of state law on this, and they carefully follow it. They will not enforce your weapons ban. Ask them if you do not believe me.

It seems that you all did not think this through very well, nor had a clear understanding of the surrounding court cases. You simply knee-jerked latched onto what you saw as an opportunity (in your own minds) to go back to the pre-2014 blanket policy banning weapons. 

This makes it clear you do not respect the Second Amendment nor do you regard the ability of moms and dads to be armed for the safety of their families when traveling to and from the Zoo or walking from or to their vehicles at the Zoo in a neighborhood beset with crime. You should be ashamed of your liberty hating agenda.

Best regards,

Phillip Evans

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For verification of the Zoo's leasehold info I posted above see: https://saportareport.com/vote-clears-path-between-zoo-atlanta-and-federal-tax-credits/sections/reports/maggie/

Also, see the City of Atlanta's 2021 Annual Comprehensive Financial Report.

Second Update: The Zoo is not even a party to the Grant Park property lease, which is specified as a "usufruct" according the Zoo's operating agreement in section 3(b).

Third Update: The Zoo once again allows weapons, "as permitted by law". Their spokesperson unfortunately misunderstands this to mean you have to have a "permit", but that is wrong on two levels. 

We do not have a "permit", it is a carry license, and with recent legislation no longer needed for a lawful carrier to carry a weapon in public.

Guns at Pride Festival in Piedmont Park Atlanta © 2022 Phillip Evans

Atlanta Pride Executive Director, Jamie Fergerson,  requests  that festival goers leave their guns at home when attending the Atlanta Pride Festival in Piedmont Park.

Photo by SumOfUs

Executive Director Fergerson correctly stated, "People are allowed to lawfully carry." So kudos to her for knowing and being willing to follow state law.

She gave a reasonable-sounding argument for her disarmament request: "We don't believe that crowds, especially when there's drinking and celebrating, mix with a lot of guns so we'd like everybody to leave them at home." Notwithstanding guns have been lawfully carried at the festival for years with no issues.

The website also states, "We respectfully request that you leave your weapons, including firearms, at home."

Security is to be provided by unarmed volunteers, unarmed private security, and Atlanta Police (with help from other agencies). 

So if no one is armed except police and bad guys, who will ignore any disarmament requests, is this the perfect picture of safety?

Let's think about this for a moment. What about folks traveling to and from the festival, whether in their vehicle, on MARTA, or on foot? Will festival security measures keep them safe while traveling? Will a gun left at home protect them while traveling? The Captain Obvious answer is NO to both.

And why the complete trust and reliance on the police? Does Atlanta Police have a stellar record in the Gay community? Anyone recall the 2009 Eagle Bar incident? Is all forgiven now? Don't get me wrong, most police are good people, but things don't always work out for the best when police and criminals are the only ones armed.

Why does Ms. Fergerson not trust gay people to be responsibly armed in the presence of alcohol and crowds? Is there an epidemic of gay folks drunkenly shooting into crowds? If not, then why the need for any such polite request?

Though I don't speak for GA2A in my article here, GA2A (formerly Georgia Carry) apparently trusts gay people to carry guns in festivals at Piedmont Park. In fact, for years they've had a booth there for the festival to give attendees information on their organization which fights for their right of armed self-protection.

And why shouldn't gays be armed? They are often victimized by criminals who beat, rape, rob, and murder them. It's high time that they get armed, trained, and prepared to defend themselves. And they should be armed for their safety even at festivals. 

If a straight person such as myself can advocate for gays to be lawfully armed wherever they go, why can't the Executive Director of the Atlanta Pride Festival do the same?

The Black community also has a similar issue in that most Black leaders and politicians consistently side with White Democrats to push for gun bans in as many public areas as possible, as well as banning the possession of certain types of guns. Apparently, they don't trust Blacks to be responsibly armed either, in public places.

Perhaps both of these cases is an example of where the leadership doesn't speak for the majority makeup of the membership?

Are Blacks and Gays to be unarmed sheep because the police do such a great job protecting them?

According to straight, White Democrats, Gays and Blacks shouldn't be armed in public. Where do the elites even in these same demographics obtain the gall to demand that they disarm themselves and only trust the police for their safety? Cognitive Dissonance?

Illegal Government Censorship of Citizens on Facebook © 2022 Phillip Evans

The City of South Fulton, Georgia has a main Facebook page, and each district has its own official government page as well. The evening of August 30th, 2022, Councilwoman Helen Z. Willis blocked me from seeing her District 3 page at: https://www.facebook.com/cosfdistrict3.

City of South Fulton Seal

Fair Use

My perceived offense? I posted an on-topic and benign comment on the City's new gun ordinance she had sponsored. Although she deleted my comment, I was able to reproduce it entirely almost word for word, as follows:

"There are existing state laws that cover waving about a firearm dangerously, as well as covering pointing a gun at another without justification. The ordinance adds no additional substance to state law.

Also, if Section 2 passed, that is a violation of state preemption, since guns cannot be banned in government buildings (schools and courthouses excepted), unless there is weapons screening at the entrance. The ordinance does not mention screening, and therefore is null and void.

And, the news reporting on handling a gun was stupid, as it is legal in Georgia to carry a firearm in your hand."

That was it. The strongest word I used was "stupid", which was not even directed toward her. This is the news article I had referred to:

https://www.wsbradio.com/news/local/new-law-makes-it-illegal-handle-brandish-guns-city-south-fulton-property/UFLEBVRIPVGYVFV5JVNAJ7A7SI/

If Councilwoman Willis would like to run a Facebook page like it was her own personal page, she should close her government page and start one. Otherwise, she must abide by settled law on the matter and allow not only comments she agrees with but opposing viewpoints as well. 

Government officials do not have the authority to infringe on citizens' First Amendment Rights.

It can wind up being expensive for them.

The same evening she blocked me on Facebook, Ms. Willis emailed the City Attorney and copied me as follows:

"Attorney Hyman,

The comment was deleted because it’s was harassing and an attempt to undermine the intent of the ordinance. I will gladly speak with you about this in detail."

As you can see, that was an outright lie. There was nothing harassing in my comment, and as far as an "attempt to undermine" the ordinance, I was merely speaking what I considered to be the facts.

The District 3 Councilwoman's arrogance, violation of oath of office, and violation of my free speech rights could wind up costing the City of South Fulton tax-payers a good chunk of money in attorney's fees and damages.

I have reached out to the Mayor, City Manager, and City Attorney to resolve this without litigation. All I require is that my Facebook account be unlocked on the page, and that my comments will no longer be capriciously deleted. 

She did the same to two others that I know of, so this is a pattern with her.

Not All Adults Have Equal Rights...Well Yes They Do © 2022 Phillip Evans

A Federal judge has struck down Texas' ban on 18 to 20-year-olds carrying handguns in public. I'm shocked! You mean the Second Amendment applies to those other grownups too?

Photo by Vitaly V. Kuzmin

The Bruen case was referenced in the ruling, which I suspect will be instrumental in bringing a variety of keeping and bearing arms infringements off the books.

A common argument used to justify these under 21 year old adults bearing arms in public is the fact that they are old enough to serve in the military and die for our country, and therefore should have the same rights as older adults. The counter argument is that they should then pick a branch of the military and join up if they want that right. The counter argument sounds hollow on the face of it, even more so when you factor in that 18 year old men could be forced to serve whether or not they want to, if the draft was reinstated.

And there's more on the pro side. An 18 year old without parental permission can get married, buy a house, buy a car, be legally responsible for any valid contract they might sign, and automatically go to the adult jail for any crime committed, even for a mere non-violent misdemeanor. No juvie option available.

That makes it a wrap, that if you can be handled by the law as an adult, you therefore have all your adult rights!

Another lame anti argument is the pointing to laws requiring one to be 21 to purchase alcohol, as if that had anything to do with a constitutional right, unless there is an amendment to purchase and imbibe booze somewhere snuck in by Benjamin Franklin at the last minute. And while buying such beverages is not an enumerated constitutional right (neither is eating a sandwich without mayo on Saturdays), it is still stupid to treat adults unequally with any law.

Probably the weakest anti argument is the "but 18 year-olds don't need to own or carry handguns". Really? So an 18 year old doing all the things an adult does has no need of effective tools of self-defense? No need for protection while driving, while walking to the store, while walking in a wooded park, while biking on a path, or while doing any other lawful thing out in public? Silly liberty haters, tricks are for kids.

Florida's knee-jerk liberty-hating law passed by Republicans, and lauded by Democrats,  forbidding adults under 21 from buying long guns in the wake of the badly handled Parkland school massacre is another one likely slated to be on the chopping block. 

It's outrageously ironic that government agents botched a rescue resulting in even more deaths, only for the government in response to then disarm and punish citizens wishing to defend themselves from murderers. And done by those who "support the Second Amendment". You can't write fiction stranger than this.

In Georgia, under 21 adults can carry a handgun on their own property, or in public at their place of business, or inside a vehicle that belongs to them. However, they do not get to benefit from the recent permitless carry law until they turn 21. Look for this one to go soon. If the Georgia General Assembly were to take the initiative, they could get it done early next year. Or they could sit back and wait for a court to strike down the prohibition. I suppose we will see what happens when they convene again.

Know where gun control came from and why? From White Democrats who didn't like the idea of armed Blacks.

When the fallout from Bruen forced New York to issue carry licenses, when the rich and politically connected (and vastly White), were no longer the only ones to get the government permission slip, what did they do? 

The petulant White politicians were so horrified that common citizens (many of them Black) could be legally armed in public, that faster than slave owners back then could say "go pick that cotton, boy", they passed and signed into law new prohibitions.

Criminals being armed in public was one thing but the idea of mere peon citizens being armed gave the politicians fits. Their new law has so many enumerated off-limits places, along with all private businesses unless there is a "guns welcome" sign posted, that the license is now virtually worthless.

That had the unintended consequence of giving heartburn to the elites, some of whom likely paid money or gave other favors to obtain their now devalued license, unless that law is also eventually struck down. It will be juicy seeing some of these elites turning on the elite politicians. Will they just curse them out to their face, or will they bring it public? Who knows?

With Justice Clarence Thomas carrying the ball for us, we are now finally back-to-the-future where the Second Amendment's "shall not be infringed" means what it actually says.

Be sure to join at least one or more national guns rights groups such as the NRA, Second Amendment Foundation, Gun Owners of America, Firearms Policy Coalition, etc., as well as your own state's gun rights organization. They are the ones supporting the lawsuits helping to restore our liberty.

Armed Black Activist Unlawfully Arrested © 2022 Phillip Evans

Antoine Tolbert, President of New Era Cleveland, was arrested last May by police and charged with "carrying a concealed weapon and inducing panic". The charges were dropped the next day and he was released.

Downtown Cleveland, Ohio Photo by Chris Gent

One might wonder how carrying a hidden weapon could induce panic. Oh wait, it turns out Mr. Tolbert wasn't carrying his shotgun concealed after all, but openly. He was therefore breaking no law. He has since filed a lawsuit in federal court for wrongful arrest.

Could racism have played a part in his ordeal? Possibly, but I suspect this was mainly a case where police manufactured a non-existent authority to harass an armed private citizen on the street, just because they thought they could. The reason being the attitude that police are the only special ones who can be openly armed. 

Open carry of firearms has been legal in Ohio for years, so ignorance of the law is hardly an excuse. Police harassment of citizens legally and openly carrying a firearm in Florida has also been a regular occurrence over the years, and publicized in TV and print news, though Florida limits this method of carry to when engaging in fishing, camping, hunting, target shooting, or going to or from.

New Era Cleveland peacefully patrols areas in downtown Cleveland to help deter crime, which is out of control, and sometimes distributes food to the poor. 

Here's to hoping Mr. Tolbert wins a huge settlement. It would be even better if the money came from the pockets of those who infringed on his rights and liberty, instead of the taxpayers, but it would be a win either way. Let the politicians explain to the voters why they allow public officials to play outside their authority, leading to lawsuits that waste their money.

Fatal Self-Defense Error Costs Florida Student's Life © 2022 Phillip Evans

When you need to shoot, shoot. Don't waste time giving orders. Why? Because it can get you killed.

Talladega National Forest Photo by "Rick of Alabama"

Adam Simjee was a Good Samaritan who stopped to help a woman in the Talladega National Forest in Alabama who supposedly had car trouble. He then fell victim to an armed robbery. When he saw his opportunity to draw his concealed pistol, he ordered the robber to get on the ground. The hesitation to shoot was likely because the robber was female, or perhaps simply out of a sense of mercy he would have had for anyone.

She responded by fatally shooting him. He was then able to shoot her a few times and send her to the hospital, but that is no consolation.

Folks, when a robber is holding a weapon or reaching for one, you don't tell them to get on the ground, you don't even yell "freeze" like in the movies, you don't do anything else except immediately shoot, and you keep shooting until the threat is no longer a threat.

If you don't believe you can do this when the situation arises, then don't carry a gun, because your hesitation will get you hurt or murdered.

True story: A few years ago I was casually instructing a young woman on the laws of self-defense in Georgia, and decided to give her a scenario to test her knowledge.

The scene was a drugstore where an armed robber was pointing a gun at a clerk. The defender was able to position himself behind the robber without being seen, and without giving any warning shoots the robber in the back of the head, killing him. Legal or not?

She was incredulous, and thought this was a case of murder. I did my best to explain that in Georgia and many other states (including Alabama and Florida), this was perfectly legal. I even pressed the point that this was perfectly moral as well.

When deadly force is unlawfully threatened against you, you have the right to defend yourself with deadly force, and to even defend the life of another as well, such as the drugstore clerk in my scenario.

You don't legally need to give any warning, giving the robber the opportunity to fire first, for that's your job. You shoot first. That's the best way to win a gunfight. If you can't, then don't carry. Just comply and put yourself under the mercy of the robber. There are odds either way. I prefer the odds with a gun in my hand.

If the laws in your state don't allow this, then you need to consider whether it's best to risk jail or death in defending yourself. The best thing to do would be to move to a state that honors self-defense.

Music Midtown Atlanta Cancellation - The Compete Story © 2022 Phillip Evans

What is the REAL reason Live Nation cancelled their Midtown Music Festival a month and a half before it was scheduled this September at Piedmont Park, a City of Atlanta public park?

So much misinformation is being reported, to the point that people are irrationally believing that a private citizen, I, would have the power to shut down a multi-million dollar event. I'm hoping this article can clear things up.

Sweetwater 420 Fest April 20th, 2013 in Atlanta (hosted by SweetWater Brewing Company)

Photo by Roger Zender

Live Nation's original mushmouth excuse read as follows:

“Hey Midtown fans, Music Midtown will no longer be held this year due to unforeseen circumstances. We hope to see each other again soon so we can all resume enjoying the festival together. We were looking forward to reuniting in September..." (bold mine)

Apparently, whatever the issue was, it was NOT unforeseen. They had known about it leading up to the festival, but had never properly addressed it to the point of being able to hold the festival. They quickly changed one mushmouth excuse to the new one:

"Hey Midtown fans - due to circumstances beyond our control, Music Midtown will no longer be taking place this year. We were looking forward to reuniting in September..." (bold mine)

I was WRONG about an important detail: I was NOT the first, or only one to bring knowledge of our gun laws to Live Nation's attention. Although my recent memory was that I had first contacted them in 2018, I'd like to correct that now. Myself and others had done so via email to Live Nation back in 2014, the same year HB 60 "Safe Carry Protection Act" became law.

So think about this, even with all of our complaining to them for six years, EVEN when in 2020 I pointed out the 2019 GA Supreme Court decision confirming the gun law, here's what happened:

They HELD the festival in 2021 with no problem. Right? And no one sued them. No one sued them this year either that I know of, even though we've been saying that could be opening themselves up to a lawsuit if they violated anyone's rights. But they had ALREADY heard all that before - and dismissed it!

NOTHING CHANGED in 2022 regarding ANYTHING we private citizens have been doing, so I smell a fish, or maybe just something fishy.

Some folks have been angry that I had never planned to attend Music Midtown, as if that meant that I as a gun-carry rights advocate didn't have any skin in the game. When someone is passionate about an issue, especially regarding self-defense rights for my fellow citizens, they speak out, even if it doesn't directly effect them. Those that deny this are hypocrites. Both sides of the political spectrum does it, and you know it, so let's stay real.

Posted on Twitter: I've never attended Music Midtown, but the Atlanta Jazz Festival is just as large, and guns have been allowed there at least since 2014, and been 3 times wearing my gun openly. Also allowed at Sweetwater 420 Fest since 2018, with no issues at either, ever. So what's the problem?

Now regarding Sweetwater 420 Fest, what's funny is the media has been incorrectly implying they are banning weapons, because of the reported concern of how the Live Nation situation will affect them.

Do you see how lazy most reporters are? They never did their research to learn the truth, that five yearly concerts (or less if affected by Covid-19) have been held in a public park where legally carried weapons HAVE BEEN ALLOWED, since 2018 when I emailed the GWCCA, which owns the property.

And speaking of reporters, another mistake they can make is mischaracterization.

What got a lot of folks unhinged was they had seen the word "CELEBRATED" in a Saporta Report article by John Ruch that may have been quoted in other sources. To one person on Twitter who said they heard I was celebrating Live Nation's cancellation of the Music Midtown Festival, I replied as follows:

"Then you heard LIES. What's your source and where's the PROOF??? That one word 'celebrated' was used by one single reporter, John Ruch, in a Saporta Report article. He has since edited it out. Please get the FACTS."

On Reddit, a person asked, "you happy" and I responded:

"A bit disappointed actually, that Live Nation cancelled Music Midtown. I was happy when Sweetwater 420 Fest held at Centennial Olympic Park in Atlanta started following state law in 2018 after I informed the Georgia World Congress Center of their website's weapon prohibition, and you can verify that with them. They changed the prohibition from 'weapons' to 'illegal weapons'.

So they've had their music festival five times now allowing lawful carry with no reported issues. Shocking, huh? No wild, wild west or blood in the streets that hyperventilating prophets of doom cry about any time that liberty wins."

Sure, I was one of the first ones to get the ball rolling in shedding light on Live Nation's ignoring our gun laws with regard to citizens carrying their firearms on tax-payer owned property, but the intent was never to get them to cancel, it was to get them into compliance with state law.

It's ironic that those on the left often complain that big businesses are not above the law, but when a Conservative makes the same claim, some go bonkers. Where's the disconnect? Maybe it's due to a hatred of the law? Well, if you don't like the law, you work to change it. EVERYONE has that right, no? 

What you don't get to do is assume a business gets a free pass to violate the law just because you don't like the law in question.

Live Nation, their attorneys, and their insurance company has known of our gun laws since 2014. By scheduling events here, that is an explicit agreement with our state that they will follow the law as written, no?

Do companies get to disregard the law IF NO ONE COMPLAINS? What kind of rule of law would that be? Folks are telling me to shut up and go away so that can happen. Well, there's more than one of us. The First Amendment applies equally to all, no? So one person shutting up is not a workable solution, no matter how soothing that might be.

These million dollar folks are BIG BOYS, they get their high-paid legal council and they proceed with their plans, just as they did last year when they held the festival. So what changed?

In light of all this, it's entirely silly to ascribe such power to me as if I could shut them down. I wouldn't even if I could; that was the furthest thing from my mind. 

A real victory would have been Live Nation behaving like the hosts of the Sweetwater 420 Fest and Atlanta Jazz Festival. To have folks exercising their rights while enjoying a music festival would have been satisfying.

Whether you hate guns in public or not, you can't deny it is doable. The last Atlanta Jazz Festival was estimated to have 50,000 in attendance (Sweetwater 420 just as large), and lawfully carried guns have been allowed there since 2014, with no issues EVER with a lawful carrier of a firearm. It's just a fact.

This is truly a FIASCO of major proportions for Live Nation to cancel at the last minute, after some fans have reported holding tickets for three years. It's unconscionable for them to do that. Read the full Axios report.

Why are they not specifying the reason? Why the ultra secrecy?

Perhaps they will eventually reveal the answers, or someone from within may leak the information. Whether artist concerns, artist contracts, guns laws, insurance, etc., ALL of these have been KNOWN factors for SEVERAL YEARS.