SAVANNAH, Ga. (AP) — An attorney for a Georgia gun owner asked a judge Wednesday to halt enforcement of a Savannah city ordinance that imposes fines and possible jail time on people who leave their weapons in an unlocked car.
Clarence Belt’s lawsuit could ultimately determine whether city officials can find a niche where they can legally regulate gun safety in a state where Republican lawmakers have largely eliminated restrictions on the ownership and carrying of firearms.
Savannah’s mayor and city council voted unanimously in April to ban the storage of firearms in unlocked vehicles, with maximum penalties of a $1,000 fine and 30 days in jail. They said the law would make it harder for criminals to steal guns, citing local police statistics showing that more than 200 guns were stolen from unlocked vehicles last year.
Belt filed suit in May. He lives in Jesup, Georgia, about 66 miles (106 kilometers) southwest of Savannah, but says he visits the coastal city regularly to shop, eat and make doctor appointments. His attorney, John Monroe, says Belt carries a weapon in his vehicle and he fears he will be ticketed for it.
“He’s disabled and it’s hard for him to comply with the ordinance,” said Monroe, who did not provide further details about Belt’s disability during a court hearing Wednesday. “He also doesn’t want to comply with the ordinance.”
Chatham County Superior Court Judge Benjamin Karpf on Wednesday declined to rule on Belt’s motion to halt enforcement of Savannah’s ordinance, while also considering his underlying lawsuit seeking to have the ordinance permanently dismissed.
Monroe said Savannah’s ordinance should be struck down because it violates a state law that prohibits local governments from regulating “the possession, ownership, transportation, (or) carrying” of firearms.
Georgia Attorney General Chris Carr, a Republican, made the same argument in a May letter to Savannah officials, stating that “no local ordinance can regulate firearms.” City officials ignored Carr’s warning that they could be held civilly liable for enforcing the ordinance.
Savannah Mayor Van Johnson, a Democrat and former police officer, supports the city’s ordinance to encourage gun owners to act responsibly without infringing on their rights to keep or bear arms.
Bates Lovett, an attorney for the Savannah city government, noted in court Wednesday that the state law Belt’s attorney and Carr cited does not expressly prohibit local governments from regulating the storage of guns.
Lovett also argued that Savannah’s ordinance is not primarily about guns.
“We regulate the vehicle, not the firearm,” Lovett told the judge, adding that in Savannah it is perfectly legal to keep a gun in a car. “But once you leave the vehicle, you have to lock the vehicle.”
Monroe said Georgia courts have rejected attempts by other local governments to regulate guns “indirectly,” and that any restrictions on gun storage by cities should be considered illegal restrictions on possession and ownership.
Savannah police had issued just three citations and one warning for leaving weapons in unlocked cars as of Aug. 15, the Savannah Morning News reported. Police did not immediately provide an updated total to The Associated Press on Wednesday.
Before he rules on whether to block Savannah’s gun ordinance, the judge said he first has questions about whether Belt has legal standing to sue the city because he is not a resident. He gave attorneys until Sept. 16 to file written briefs on the issue.
Monroe said his client’s state of residence shouldn’t matter because Savannah’s ordinance applies to residents and visitors. Belt was not present at Wednesday’s hearing.
If Karpf allows Belt’s lawsuit to proceed, the judge predicts a lengthy legal battle that could span multiple Georgia courts.
“I have no illusion that I have the final say on this,” Karpf said.
