Illegal Weapons Ban - Arts in the Heart of Augusta © 2023 Phillip Evans

Just when the coast seemed clear on a state weapons law violation in Georgia, we have entered the Twilight Zone. See my previous article on this by clicking here.

Image of Richmond County, GA Sheriff's Badge (Fair Use)

Today, I spoke with Lt. Walter Ashley of the Richmond County, GA Sheriff's Office, who informed me that weapons would be banned at the Arts in the Heart of Augusta Festival this Sept. 15th - 17th. 

As you can see on the festival's website, they have edited it and no longer make mention of guns or weapons. So we're good then, right? Not so fast. It turns out that the Sheriff's Office is under the impression that if there is an admission charge, that they could ban weapons on public property. They believe this to be state law, which is 100% wrong.

State law makes no mention of admission fees or tickets for events held on public property. The only test is whether it is public or private property. If public property, and if not specified as off limits under state law, then lawful carriers are authorized by the state to carry their legal weapons there.

To Lt. Ashley's credit, he promised to forward an Oct. 2019 GA Supreme Court decision that relates to this up the chain, so I appreciate that.

Since the law on this has been well established since 2019, a law enforcement officer detaining or arresting a lawful carrier would not enjoy qualified immunity and would be subject to a federal lawsuit.

The Sheriff's Office illegally banned weapons at the arts festival last year and no one called them on it that I am aware of. 

WRDW News' reporter Nick Viland ran a story on this last night. I spoke with him today and sent him the voice recordings I have of my conversations with Lt. Ashley.

In the video in Mr. Viland's story, GA2A Attorney John R. Monroe explains why weapons cannot be banned at the festival, which is held on public streets and the Augusta Common, also public property.

Mr. Viland was informed by a Captain with the Sheriff's Office that the reason for the ban was that the Arts Council had rented the public streets. This 3-day "rental" is at zero-cost per the document I received from the city. Regardless of any cost, any 3-day agreement would not rise to the level of an estate-for-years type lease where ownership rights are conveyed, as required by the GA Supreme Court's decision noted above.

Update! Lt. Ashley just called me today 09/14, to let me know that the Sheriff's Office gun ban at the festival has been lifted!