Georgia Judge Dismisses Lawsuit Over Gun Ordinance

A Georgia judge has recently dismissed a lawsuit against a man accused of breaking a Savannah city law that prohibits leaving guns in unlocked vehicles, stating that the ordinance conflicts with state law and the U.S. Constitution.

Clayton Papp was charged by police in Savannah back in August 2024 for allegedly leaving a firearm in an unlocked vehicle, which could lead to fines or jail time. Papp’s attorney requested the court to dismiss these charges.

This ruling, made by Chatham County Recorder’s Court Judge Brian Joseph Huffman Jr., seems to focus solely on Papp’s case, as it was made within the context of his criminal defense.

Meanwhile, the city of Savannah has announced plans to continue enforcing the ordinance regardless of the court’s decision.

Democratic Mayor Van Johnson mentioned to reporters that this ordinance has been in effect for quite some time and has reportedly reduced instances of guns being stolen from unlocked cars in Savannah. He noted a drop in reported thefts, from over 200 in 2023 to just over 100 this year.

Last year, the Savannah City Council unanimously approved the ban on carrying guns in unlocked vehicles, imposing penalties, including fines up to $1,000 and potential jail time of 30 days for violators. Supporters of this measure argued it would help curb gun theft in a state where gun ownership laws have been relaxed.

In the judge’s ruling, he acknowledged concerns that stolen firearms could be used in violent crimes but stated that good intentions do not exempt laws from being assessed constitutionally.

Huffman Jr. ruled Savannah’s ordinance as “null and unenforceable,” emphasizing that it violates state law, which prevents local governments from regulating issues surrounding the possession and carrying of firearms. He also asserted that the ordinance imposes limits on actions protected by the Second Amendment.

Georgia Attorney General Chris Carr applauded the ruling, describing it as a significant win for responsible gun owners, who shouldn’t face repercussions due to the actions of criminals.

However, despite the judge’s ruling against the ordinance, its application may only extend to Papp’s case since the challenge arose as part of a criminal defense rather than a wider legal action to stop its enforcement, according to law professor Anthony Michael Kreis from Georgia State University. He suggested that the city could continue enforcing the ordinance and rely on individual defendants to contest it again later.

A separate lawsuit from a different gun owner who sought to prevent the ordinance from being enforced was dismissed last year, as that individual was deemed not a Savannah resident and lacked the standing to sue according to judicial criteria.