Can the city of Savannah fine or jail people for leaving guns in unlocked cars? A judge weighs in

A judge is weighing whether a Georgia city can fine or even jail people for leaving guns in unlocked cars

A Georgia gun owner's attorney asked a judge Wednesday to halt enforcement of a Savannah city ordinance that imposes fines and possibly jail time for people who leave guns inside unlocked cars.

The lawsuit by Clarence Belt could ultimately determine whether city officials successfully found a niche where they can legally regulate gun safety in a state where Republican lawmakers have widely abolished restrictions on owning and carrying firearms.

Savannah's mayor and city council voted unanimously in April to outlaw keeping 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, and cited local police statistics showing more than 200 guns reported stolen last year from vehicles that weren’t locked.

Belt filed suit in May. He lives in Jesup, Georgia, about 66 miles (106 kilometers) southwest of Savannah, but says he frequently visits the coastal city for shopping, eating and doctor appointments. His lawyer, John Monroe, says Belt carries a gun in his vehicle and fears being cited.

“He's disabled and it's difficult for him to comply with the ordinance,” said Monroe, who gave no 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 didn't rule Wednesday on Belt's motion to halt enforcement of the Savannah ordinance while considering his underlying lawsuit that seeks to have it thrown out permanently.

Monroe said Savannah's ordinance should be voided because it violates a state law prohibiting local governments from regulating “the possession, ownership, transport, (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 face civil liability for enforcing the ordinance.

Savannah Mayor Van Johnson, a Democrat and a former police officer, has supported the city’s ordinance as a way to make gun owners act responsibly without infringing on their rights to own or carry firearms.

Bates Lovett, Savannah's city government attorney, noted in court Wednesday that the state law cited by Belt's lawyer and Carr doesn't expressly say local governments can't regulate gun storage.

Lovett also argued that Savannah's ordinance isn't primarily about guns.

“We're regulating the vehicle, not the firearm,” Lovett told the judge, adding that it's perfectly legal in Savannah to store a gun in a car. “But once you leave the vehicle, you must lock that vehicle.”

Monroe said Georgia courts have struck down attempts by other local governments to “indirectly” regulate guns, and that any limitations on gun storage by cities should be considered illegal restrictions on possession and ownership.

Savannah police had only issued three citations and one warning for guns left in unlocked cars as of Aug. 15, the Savannah Morning News reported. The police department did not immediately provide an updated total Wednesday to The Associated Press.

Before deciding 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's not a resident. He gave the lawyers until Sept. 16 to file written briefs on the issue.

Monroe said his client's residency shouldn't matter because Savannah's ordinance applies to residents and visitors. Belt did not attend the court hearing Wednesday.

If Karpf allows Belt's lawsuit to move forward, the judge predicted a protracted legal battle that could wind through multiple Georgia courts.

“I don't have any illusion about having the final word on this,” Karpf said.