Opinion
No. 08-15571 Non-Argument Calendar.
March 12, 2009.
John R. Monroe, Roswell, GA, Plaintiffs-Counter-Defendants-Appellants.
Yonette Sam-Buchanan, Christopher Allen Riley, Erica L. Fenby, Michael P. Kenny, Alston Bird LLP, Joshua David Jewkes, Ashe, Rafuse Hill, LLP, Atlanta, GA, for Defendants-Counter-Claimants-Appellees.
On Appeal from the United States District Court for the Northern District of Georgia. D.C. Docket No. 08-02171-CVMHS-1.
Before TJOFLAT, PRYOR and FAY, Circuit Judges.
Appellants brought this law suit in the district court to obtain a declaration that House Bill 89 ("H.B.89"), which the Georgia General Assembly enacted on April 4, 2008, permits a person who possesses a Georgia license to carry a firearm in the non-sterile areas of Hartsfield-Jackson Atlanta International Airport ("Airport"). According to appellants, H.B. 89 overrides the City of Atlanta's longstanding policy prohibiting visitors to the Airport from carrying firearms. Appellees, in their answer, asserted that H.B. 89 does not apply to the Airport and that, if it did apply, H.B. 89 would be preempted by the pervasive scheme of federal law and regulations governing airport security.
Appellees moved the district court for judgment on the pleadings. In a comprehensive order entered on September 26, 2008, 602 F.Supp.2d 1281, the district court held that H.B. 89 does not apply to the Airport. It therefore granted appellees' motion and dismissed appellants' complaint. Appellants now appeal, arguing that contrary to the district court's holding, H.B. 89 does apply to the Airport. We reject their argument, concluding for the reasons stated in the district court's September 26 order that appellants' argument is meritless.