Georgia Judge Rules Savannah Gun Ordinance Unconstitutional, Throws Out Case

A Georgia judge ruled on Wednesday that Savannah’s ordinance banning guns in unlocked cars is unconstitutional, tossing out the case against a man cited for violating the rule. The judge found the law violated state law and the U.S. Constitution, declaring it ‘void and unenforceable.’ This decision, issued by Chatham County Recorder’s Court Judge Brian Joseph Huffman Jr., specifically applies to the case of Clayton Papp, who was cited by Savannah police in August 2024 for leaving a firearm in an unlocked vehicle. His attorney had sought to have the citation dismissed by arguing the ordinance was unconstitutional.

While the ruling limits its scope to Papp’s case, the city has stated it will continue to enforce the ordinance. Savannah’s mayor, Democrat Van Johnson, defended the policy, noting that it has reduced gun thefts from unlocked vehicles in the city. He emphasized that the law encourages responsible gun ownership without infringing on the rights of lawful gun owners.

The ordinance, passed by Savannah’s city council in 2023, imposes fines and jail time for leaving firearms in unlocked vehicles, aiming to curb gun thefts and their potential use in crimes. Proponents argue that such measures are essential in Georgia, where Republican lawmakers have made it easier to own and carry firearms. However, the judge in the case noted that while concerns about gun thefts are valid, the ordinance fails constitutional scrutiny.

Legal experts suggest that although the ruling disqualifies the ordinance from being enforced in Papp’s case, the city may continue its application. Anthony Michael Kreis, a Georgia State University law professor, explained that the city could keep enforcing the rule, with individual defendants raising the issue in future cases. Meanwhile, the ruling underscores ongoing debates over gun control and Second Amendment rights in the United States, with similar legal challenges persisting across the country.

The decision coincides with other recent rulings on gun-related laws, including the federal appeals court approving Illinois restrictions on carrying guns in public transit and the rejection of New Mexico’s 7-day waiting period for gun purchases. These cases reflect the broader legal and political landscape surrounding gun ownership and regulation in the U.S.