GeorgiaCarry.org, Inc et al v. Toomer: Non-Resident Carry Case in 11th Circuit

[Gray Peterson]

Another case, 11th Circuit Court of Appeals has GeorgiaCarry.org v. Toomer, a case similar to Peterson v. LaCabe. This lost in district court though on standing grounds (and this is why I applied for a license and was denied in Denver).

GeorgiaCarry.org v. Pinkie Toomer District Court Docket.

DOCKET FROM THE 11th CIRCUIT COURT OF APPEALS

GEORGIACARRY.ORG, INC.,
REGIS GOYKE,

Plaintiffs - Appellants,

versus

PINKIE TOOMER,
in her official capacity as Judge of the Probate Court
of Fulton County, Georgia, and all others similarly situated,

Defendant - Appellee.
04/29/2010 2 pg, 43.9 KB CIVIL APPEAL DOCKETED. Notice of appeal filed by Appellant GeorgiaCarry.Org, Inc. on 04/27/2010. Fee Status: Fee Not Paid.
05/04/2010 Email Delivery Failure. Message could not be delivered to Attorney John R. Monroe for Appellants GeorgiaCarry.Org, Inc. and Regis Goyke. 5.1.0 - Unknown address error 550-'john.mornoe1@earthlink.net...User unknown'

05/06/2010 APPEARANCE of Counsel filed by Attorney John R. Monroe for Appellant Regis Goyke in 10-11951.

05/06/2010 Appellant's Certificate of Interested Persons and Corporate Disclosure Statement filed by Attorney John R. Monroe for Appellants GeorgiaCarry.Org, Inc. and Regis Goyke.

05/06/2010 Civil Appeal Statement filed by Attorney John R. Monroe for Appellants GeorgiaCarry.Org, Inc. and Regis Goyke.

05/19/2010 1 pg, 33.76 KB This APPELLANT has been notified that upon expiration of fourteen (14) days from this date, this appeal will be dismissed by the clerk without further notice unless the required filing fee has been received in District Court.

06/03/2010 Appellant's Brief filed by Appellants GeorgiaCarry.Org, Inc. and Regis Goyke. Service date: 06/02/2010 by US mail - Attorney for Appellee: Ware.

06/03/2010 2 pg, 38.46 KB Record Excerpts filed by Attorney John R. Monroe for Appellants GeorgiaCarry.Org, Inc. and Regis Goyke. Deficiencies: doc#12-answer/response to complaint. Service date: 06/02/2010 US mail - Attorney for Appellee(s): Ware, Welch.

06/03/2010 34 pg, 151.67 KB E-Brief Tendered: Appellant brief for Appellant GeorgiaCarry.Org, Inc..

06/14/2010 Appellate fee paid was paid on 04/28/2010 as to Appellant GeorgiaCarry.Org, Inc..

06/17/2010 2 pg, 40.53 KB Briefing Notice issued to Appellee Pinkie Toomer. The brief is due July 6, 2010.

06/17/2010 Certificate of Readiness filed as to Appellant GeorgiaCarry.Org, Inc..

06/21/2010 Modified record excerpts/modifications to record excerpts received on 06/17/2010 from Attorney John R. Monroe for Appellants GeorgiaCarry.Org, Inc. and Regis Goyke. All deficiencies have been corrected.

07/06/2010 Appellee's Brief filed by Appellee Pinkie Toomer. Service date: 07/06/2010 US mail - Attorney for Appellant: Monroe.

07/06/2010 Added Attorney(s) Matthew C. Welch for party(s) Appellee Pinkie Toomer, in case 10-11951.

07/06/2010 Added Attorney(s) William Shannon Sams for party(s) Appellee Pinkie Toomer, in case 10-11951.

07/06/2010 APPEARANCE of Counsel filed by Attorney William Shannon Sams for Appellee Pinkie Toomer in 10-11951, Attorney Matthew C. Welch for Appellee Pinkie Toomer in 10-11951.

07/13/2010 Record on Appeal filed. Record Part: Pleadings, No. of Volumes: 2; Record Part: Transcript, No. of Volumes: 1

07/21/2010 32 pg, 109.44 KB E-Brief Tendered: Appellee brief for Appellee Pinkie Toomer.

07/23/2010 11 pg, 104.15 KB E-Brief Tendered: Reply brief for Appellants GeorgiaCarry.Org, Inc. and Regis Goyke.

07/26/2010 Reply Brief filed by Appellants GeorgiaCarry.Org, Inc. and Regis Goyke. Service 07/22/2010 US mail - Attorney for Appellee: Ware.

[N6ATF]

[nick]

Now, Gray, why do you have to post these things at night? I was just about to go to bed, and now I have to read this

[nick]

Alright, I read it, and it was boring. I hope they win, of course

[press1280]

I would have thought SC would have been a better target since you still have the FL/UT backdoor route open in GA.

[glockwise2000]

[Gray Peterson]

I would have thought SC would have been a better target since you still have the FL/UT backdoor route open in GA.

Reciprocal carry licenses do not exempt one from the federal Gun Free School Zones Act. It's a *slight* risk, but a risk nonetheless.

It appears that the entire appellate case is likely to hinge all on standing questions. My guess is (and of course this is just a guess) is that there was difficulty even getting an application from the Probate Court there.

My prediction: The court will remand to district court either with instructions to consider Goyke to have standing to challenge, or they will remand with instructions to the district court to order the Fulton County Probate Judge (Toomer) to hand him an application and accept it for processing, and see if they approve/deny.

This entire game Toomer is playing is rather annoying, and I would say insulting to the intelligence of the appellate panel.

The appeals seem to focus on the standing question, so I do not believe they would get to the merits of the 2A claim.