SAVANNAH, GA. (AP) — A court dismissed a case filed by a gun owner from Georgia who was attempting to challenge a Savannah city rule that penalizes and even imprisons those who leave weapons in unlocked cars.
Judge Benjamin Karpf of Chatham County Superior Court’s decision ignored the civil lawsuit’s claim that the Savannah legislation was in violation of a Georgia state statute that forbids municipal governments from regulating firearms in general.
On November 22, however, the judge rejected the lawsuit, concluding that Clarence Belt, the gun owner, lacked the legal capacity to sue the city. Belt has not received a citation for breaking the city’s gun laws and does not reside in Savannah.
In April, the city council and mayor of Savannah overwhelmingly decided to make it illegal to keep firearms in unlocked cars. The maximum penalty is 30 days in jail and a $1,000 fine. Citing local police figures that showed more than 200 firearms reported stolen from unlocked vehicles in 2023, they claimed the ban would make it more difficult for thieves to steal firearms.
In an effort to establish a legal means of regulating gun safety in a state where Republican lawmakers have largely eliminated limitations on gun ownership and carry, city officials passed the ordinance.
During a court hearing in September, John R. Monroe, Belt’s lawyer, contended that Savannah’s rule was in violation of a state law that forbids local governments from limiting the ownership, holding, transportation, or carrying of weapons.
In a letter to Savannah officials in May, Republican Georgia Attorney General Chris Carr made the same claim, arguing that no local ordinance had the authority to control firearms. Carr warned city authorities that they might be held civilly liable for enforcing the ordinance, but they disregarded his advice.
In a phone interview on Monday, Belt’s lawyer, John R. Monroe, stated that it is only a matter of time until this ordinance is overturned.
Monroe said that neither he nor Belt had made up their minds about appealing the judge’s decision to dismiss the case. Belt, who resides in Jesup, Georgia, approximately 66 miles (106 kilometers) southwest of Savannah, carries a gun in his car and faces the possibility of receiving a citation when he frequently visits the city, he said.
Monroe remarked of Belt, “He has trouble walking and his car doesn’t have power locks.” Among other things, he would have to exit the vehicle and walk around it in order to manually lock it in order to comply with the regulation. It’s difficult for him to walk so much.
Former police officer and Democrat Savannah Mayor Van Johnson has backed the city’s policy to require responsible gun ownership without restricting the right to bear guns.
In court, Savannah’s city government lawyer, Bates Lovett, contended that Georgia law does not specifically prohibit local governments from controlling gun storage. He further informed the judge that by requiring people to lock their cars while they have firearms inside, we are regulating the vehicle rather than the firearm.
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