Quantcast
HB 60 full text AS PASSED with summary and limited comments - Georgia Packing Forum
Georgia Flag GeorgiaPacking.org

 

Keeping You Informed about Georgia Gun Laws

GeorgiaPacking.org Logo
Donate to GPDO!

Firearm Discussion

News, Guns, Bills, Laws, and the Georgia Firearm License

Go Back   Georgia Packing Forum > Laws & Bills > GA Laws and Politics

Closed Thread
 
Thread Tools Display Modes
Old 03-25-2014, 04:15 AM   #1
gunsmoker
Lawyer and Gun Activist
GP_LIFETIMESUPPORTER.png
 
gunsmoker's Avatar
 
Join Date: Feb 2005
Location: Atlanta's northern suburbs
Posts: 23,451
Default HB 60 full text AS PASSED with summary and limited comments

I'm creating this thread as a "just the facts" informational thread about the new wide-reaching gun law reform bill, HB 60, passed a few days ago. I will close the thread, and suggest that moderators and admins only open it to post extremely important and unquestionably helpful commentary, which could include either summaries of what we KNOW is in here or speculation about how we THINK and PREDICT these words will be interpreted and applied by cops, prosecutors, and judges.



******************************************
Here's a link to the "AS PASSED" version of this law, which will take effect in the near future.

http://www.legis.ga.gov/Legislation/20132014/144825.pdf

*******************************************


Here's a summary of the new law as written by the NRA's Institute for Legislative Action (NRA-ILA),
the day after the legislative session closed and this bill was passed at the 11th hour:

-- Remove fingerprinting for renewal of Weapons Carry Licenses (WCL).

-- Prohibit the state from creating and maintaining a database of WCL holders.
--- Create an absolute defense for the legal use of deadly force in the face of a violent attack.

-- Lower the age to obtain a concealed WCL for self-defense from 21 to 18 for active duty military, with specific training.
-- Allows for the use of firearm sound suppressors [so-called silencers] while hunting.

--Repeal the unnecessary and duplicative state-required license for a firearms dealer, instead requiring only a Federal Firearms License (FFL).

-- Prohibit a ban on firearms in public housing, ensuring that the right to self-defense should not be infringed based on where one calls home.

---Codify the ability to legally carry, with a WCL, in ... non-secure areas of airports [Gunsmoker adds: and makes it a non-crime, non-offense for a license holder to bring a weapon to the security checkpoint, have it discovered there, and then leave rather than continue to try to enter the secure area. And even if the person is not a permit holder or the permit holder doesn't leave after his/her gun is discovered, it's a misdemeanor crime only. Not a 20-year felony.]

-- Require reporting those persons who have been involuntarily hospitalized or have been adjudicated mentally deficient to the NICS system while also providing the ability for relief through an application process to the court system allowing for restoration of gun rights.

-- State that under a declared state of emergency, all law-abiding gun owners will not have their Second Amendment rights restricted or infringed by executive authority through Emergency Powers protection.

--- Strengthen current firearms preemption statutes through further clarification of the regulatory authority of local governments, excluding firearm discharge ordinances.


--Remove the sweeping restrictions on legally carrying a firearm with a WCL in bars, leaving this decision to private property owners.

-- Allowing for churches to opt-in for legal carry with only a civil penalty of a $100 if a person happens to carry into a prohibited church unknowingly.

++++++++++++++++++++++++++++++++++++++++++++++++++ ++

GaGunOwner observed: I noticed that in the new law for issuing the GWCL "days" became "business days."
This allows them more time to make you wait for your GWCL.


MY COMMENT: Yes, this is from line 536 out of the 991-line (28 page) "AS PASSED" version in the link above.
The change will be put into 16-11-129 (d)(2) on the subject of how long the Judge of the Probate Court has to direct the law enforcement agency to conduct a background check of national and state crime records and return the report to the judge. What had been "five days" now reads "five business days." So if the time period began on a Thursday, the old law would have given the judge only until Tuesday. Now it must be requested by Thursday, assuming a normal weekend with no Monday holiday.

.................................................. .................................................. .................................................. ..
That's all I have time to do now.
I will add more later, and I hope other mods/ admins do too.
Anybody should feel free to PM me with suggestions.
__________________
Attorney, but not YOUR attorney. Nothing I say here or in PM's is legal advice. Most of it is not the product of careful legal research and analysis anyway. There is no attorney-client relationship from the chatting and Q&A that I do here. Proud GeorgiaCarry.Org member since 2007.

Last edited by gunsmoker; 03-26-2014 at 12:02 AM. Reason: clarified non-sterile areas of airport
gunsmoker is offline  
Old 03-25-2014, 08:15 PM   #2
gunsmoker
Lawyer and Gun Activist
GP_LIFETIMESUPPORTER.png
 
gunsmoker's Avatar
 
Join Date: Feb 2005
Location: Atlanta's northern suburbs
Posts: 23,451
Default Carrying W/O your License

The new law creates a new offense of not carrying your GWL on within your immediate possession. It doesn't have to be on your person, but it has to be close enough that you can say that legally it's in your immediate possession.
This was always a requirement of the law (to have it in your possession), but it used to be part of a different Code section. Now it's been pulled out of 16-11-129(e) and put into this new separate Code section, 16-11-137.

The new law also says that even though you must have your permit with you, law enforcement officers shall not stop you for the sole purpose of investigating whether you have a weapons carry license. I assume that doesn't literally what it says, but rather it was meant to say that ONLY IF a law enforcement officer as a reasonable, articulable suspicion (more than a hunch or guess or "finishing expedition) that you DO NOT have a valid license, and do not have any exception to the license requirement, THEN the officer may stop you to investigate that.

See the new law, As Passed PDF version in the link above, Section 1-10, lines 780-792.

IF YOU DO HAVE A VALID LICENSE, but left it at home, the law says:

[16-11-137] (c) "A person convicted of a violation of this Code section shall be fined not more than $10.00 if he or she produces in court his or her weapons carry license, provided that it was valid at the time of his or her arrest, or produces proof of his or her exemption" [from the need to even have a GWL].

Even though the penalty is only a fine, (UP TO, meaning "not to exceed" TEN DOLLARS), and not jail time, it's still worded as a criminal penalty.
The subsection talks about a person CONVICTED of a violation of this law. This Title 16 criminal law. In some jurisdictions an offense that did not even carry a possibility of a jail term was not considered a "criminal" offense, but that's not the rule in Georgia today. We can and do have "crimes" that carry only fines as penalties.


IF YOU DID NOT HAVE A VALID LICENSE AT THE TIME, and you were an "unlicensed" person in the eyes of the law:

The penalty for NOT HAVING a valid license at all, while carrying in places and under circumstances where you need one, isn't in THIS LAW (16-11-137) at all.
137 applies only to license holders who don't carry their license or have them handy.
Non-licensed persons who carry illegally get charged under 16-11-126, which is a general misdemeanor for the first offense (up to 12 months in jail and up to $1000 fines plus surcharges and fees).



CARRYING AT AIRPORTS

Under the old laws, Airport carry was treated in a whole different section of the Code books-- 16-12-127. Note that's not 16-"11"-127, but the middle number is "12."
That law, with its definitions section found in 16-12-122, applied to airports and other transportation terminals and facilities. It made it a 20-year crime to violate that law with a weapon at an airport.

NOW, HB 60 has a new Code section dealing just with firearms (not explosives or poison gas or other terrorists' tools) at or around airports.
The new Code section will be numbered 16-11-130.2.

The new law explicitly allows for carry up to the security screening checkpoint, and allows for carry in or on "an airport drive, general parking area, walkway, or shops and areas of the terminal that are outside the screening checkpoint that are normally open to unscreened passengers or visitors to the airport."

Violation of this law for non-GWL license holders is a misdemeanor crime, not a major felony as had been the case under 16-12-127. A license holder who violates this section and is told at the security checkpoint that he or she is in possession of a weapon should be given the chance to immediately leave, as soon as he or she finishes completing the security procedures called for in that situation (gun found at checkpoint). If he or she does leave, it's no crime. If he or she does not leave, then it's also a misdemeanor crime just like it would be for an unlicensed individual.

See Section 1-9 of HB 60, specifically lines 755-769 on this 991-line document.
__________________
Attorney, but not YOUR attorney. Nothing I say here or in PM's is legal advice. Most of it is not the product of careful legal research and analysis anyway. There is no attorney-client relationship from the chatting and Q&A that I do here. Proud GeorgiaCarry.Org member since 2007.

Last edited by gunsmoker; 03-25-2014 at 11:55 PM. Reason: airport carry-new Code section
gunsmoker is offline  
Old 03-25-2014, 10:22 PM   #3
Malum Prohibitum
Moderator
GP_MODERATOR.png
 
Malum Prohibitum's Avatar
 
Join Date: Feb 2005
Posts: 61,990
Default

Quote:
Originally Posted by gunsmoker View Post
This was always a requirement of the law (to have it in your possession), but it used to be part of a different Code section. Now it's been pulled out of 16-11-129(e) and put into this new separate Code section, 16-11-137.
I'm glad SOMEBODY finally pointed that out on this web site.
__________________
Malum Prohibitum is offline  
Old 04-03-2014, 05:49 AM   #4
gunsmoker
Lawyer and Gun Activist
GP_LIFETIMESUPPORTER.png
 
gunsmoker's Avatar
 
Join Date: Feb 2005
Location: Atlanta's northern suburbs
Posts: 23,451
Default condensed version

I hope I can "paste" all this into this one post. (NO, it will have to be broken-up into THREE posts, due to its length).

I just created a summary of what I consider the main points of HB 60. I went through it line by line, and it took all day and half the night.

There are a few things that don't look right about the new law, and some changes the legislature made that I don't immediately see the significance of.

If you find that I've misunderstood or misstated the law in my summary, please PM me right away and point out the right answer or give me your reasoning about why I got it wrong.

*********************************************

NO GUN BANS IN PUBLIC HOUSING. This law will modify an existing law about illegal practices and discrimination in housing law, O.C.G.A. 8-3-202, and adds that it is illegal to require, as a condition of being allowed to be a tenant in public housing, any rule or restriction against the possession of firearms inside an individual dwelling, unless such an anti-gun rule or policy is required by another state or federal law. If you think that this was not necessary because of Georgia's preemption law, that law only forbid city and county governments and local agencies from acting against firearms or gun carry. It never said that state-level agencies could not restrict guns without explicit permission of the Georgia General Assembly. With HB 60, the legislature has restricted state-level agencies and private entities that participate in public housing or are contracted to manage a public housing complex. Notice that this new provision in the housing Code will not address open carry vs. concealed carry, nor carrying outside of the individual apartment and in the "common areas" of the facility.

SILENCERS ALLOWED FOR HUNTING. This new bill modifies the Game and Fish code of Georgia, specifically O.C.G.A. 27-3-4 (a)(9) and (b). It allows for the use of silencer or sound suppressor equipped firearms for legal hunting, but not for poaching or other illegal hunting.

EXPANDED IMMUNITY FROM PROSECUTION. The prior version of the self-defense laws, O.C.G.A. 16-3-24.2, would not give you "immunity" if the way you carried or possessed that gun was unlawful under EITHER "part 2" or "part 3" of Article 4 (firearms and other dangerous instruments) of Chapter 11 (crimes against public order and safety) of Title 16 (crimes). Now this non-immunity provision has been dropped for violations of laws found in Part 3 (16-11-126 thru 16-11-136), which are generally low-level offenses related to carrying weapons in forbidden locations, carrying without a license when one would be required, allowing an unauthorized minor to possess a handgun, etc.) HOWEVER, you still lose any "immunity" from prosecution if you used a gun that was illegally possessed or carried in violation of "Part 2" law, which applies to more dangerous weapons of the type restricted by the National Firearms Act (NFA)-- machineguns, silencers, sawed-off shotguns, bazookas, and such.


MORE PREEMPTION OF LOCAL GUN RESTRICTIONS ON PUBLIC PROPERTY: House Bill 60 restricts property owners and managers from using the "criminal trespass" law (16-7-21) to enforce anti-gun rules or policies on PUBLIC property. The new modification to the gun carry law, O.C.G.A. 16-11-126 (d), says that "private property" owners and persons in control of "private property" can exclude armed persons, and order them to leave. This prevents the government from contracting with an outside property management company or event venue management company that would make and enforce a gun ban and try to claim that state preemption doesn't apply to them because they're a private entity managing public lands and public facilities. See lines 127-134 in HB 60 “As Passed”. ALSO see lines 182-190, which repeats this policy and applies it to the off-limits locations law, 16-11-127.


REVISING THE LIST OF GUN FREE ZONES and NO-CARRY LOCATIONS from O.C.G.A. 16-11-127:

-- BARS: All the language about "bars" is struck out of the law. Bar and nightclub carry is no longer restricted any differently from a restaurant, a grocery store, or any other ordinary business that is open to the public. Until this change, bars were illegal for carry UNLESS the bar owner(s) opted to allow weapons carry at that location

--- CHURCHES: The "opt-in" that used to apply to bars is now applied to churches and places of worship. Now such a place is considered off-limits by default, but an affirmative grant of permission by the church's leadership will remove that place of worship from the reach of this law. Another key change regarding church carry is that the penalty for a licensed armed citizen unlawfully carrying in church will only be a $100 fine with NO ARREST. Nonlicensed persons violating the church weapons law face arrest and misdemeanor prosecution, as before.

-- CRIMINAL TRESPASS LAW NOT TO BE USED AGAINST GUN POSSESSION ON PUBLIC PROPERTY: Land or facilities must be private, not public, in order for the owner or manager or person in control of such property or such a facility to use the "criminal trespass" law to order armed patrons/ customers/ visitors/ employees off the property. That law just won't be available to managers of public property.

--- ONLY SOME GOVERNMENT BUILDINGS ARE OFF LIMITS. No longer are all "government buildings" off limits to licensed weapons-carrying citizens. Now 16-11-127(e) will say only those government buildings (same definitions as under the prior law, 2010-2014) that have real law enforcement officers manning a security screening checkpoint. If all the security screeners are private security guards and none are police or deputies or marshals (or some other type of POST-certified officer), license holders cannot be arrested or prosecuted criminally for carrying or attempting to carry into such a building.

-- ARMED CITIZENS HAVE OPTION TO TURN AROUND AT CHECKPOINT: The prior law had been unclear about an armed citizen intentionally and knowingly carrying a weapon to a security checkpoint and declaring it, and awaiting instructions about how to "secure" it. This new subsection, 16-11-127(e), grants a more specific right to leave the area and end your attempt to get into a weapons-free facility without facing criminal prosecution. First the law says it is a crime to try to carry into a secure government building where LEO officers are at the security screening point, but then it immediately says license holders have an option to withdraw and avoid arrest. Later in this same law, HB 60 gives this option to people who carry to the security checkpoint at an airport, too.

--- SCHOOL SAFETY ZONES: HB 60 uses the phrase “school safety zone” as a replacement for “schools” and “school property” in O.C.G.A. 16-11-127.1. However, the “zone” has not actually had a 1000-foot “zone” around school property in many years. The phrase "school safety zone" has an explicit statutory definition that includes school property.

--- SCHOOL OR BOARD OF EDUCATION CAN AUTHORIZE WEAPONS: The school weapons law's exceptions and exemptions section (16-11-127.1 (c)) was modified to make it more clear and explicit that school officials, or the Board of Education, can authorize, in writing, persons to possess guns. This will no longer be limited to just specific activities, but now it can be a general permission to carry anywhere at the school or school function for any reason, but the written permission must still specify the time period that it is valid. However, on the specific issue of a school choosing to arm its teachers or install gun lockers for its staff to use to defend the school from violent criminals or terrorists, see the more specific provisions of new Code section 16-11-130.1.


--- STUDENTS DROPPING OFF STUDENTS: The old exception number (c)(8 ) in the school law (having to do with either a licensed armed citizen carrying in the vehicle while picking up or dropping off students, or an unlicensed adult over 21 having an unloaded and locked gun while doing that) was not an exception available to any student at that institution. So a college student at a particular university could never invoke that particular exception as a justification for possessing a weapon in his or her vehicle when bringing another student to or from the institution. NOW the NEW LAW will allow college students to use this exception, and only denies it to students of "elementary or secondary" schools. Those are the lower-level schools from first grade (primary school) through high school. All the institutions of higher education are not included here in this exception-to-the-exception.
__________________
Attorney, but not YOUR attorney. Nothing I say here or in PM's is legal advice. Most of it is not the product of careful legal research and analysis anyway. There is no attorney-client relationship from the chatting and Q&A that I do here. Proud GeorgiaCarry.Org member since 2007.

Last edited by gunsmoker; 04-03-2014 at 05:51 AM.
gunsmoker is offline  
Old 04-03-2014, 05:50 AM   #5
gunsmoker
Lawyer and Gun Activist
GP_LIFETIMESUPPORTER.png
 
gunsmoker's Avatar
 
Join Date: Feb 2005
Location: Atlanta's northern suburbs
Posts: 23,451
Default middle section

O.C.G.A. 16-11-129, related to Weapons Carry Permits and qualifications for them and procedures for issuing them, has been modified in several different places, as described below:

-- "CONVICTION" is redefined to a more narrow definition, which now means ONLY when a court declares somebody guilty (could be either a conviction at trial or a pretrial guilty plea or nolo plea), and which DOES NOT INCLUDE completed "First Offender" treatment as provided for in Code sections 42-8-60 thru 42-8-66.

--- 18-20 year old MILITARY PERSONNEL are eligible for a Georgia Weapons Carry License, if they have completed basic training and are either still in the service or were honorably discharged.

-- HAVING YOUR LICENSE REVOKED is no longer a lifetime disqualifier from getting another one; it only prevents you from getting one for the next 3 years.

--- POINTING A GUN AT ANOTHER PERSON, which is a misdemeanor crime and doesn't require that the gun be loaded, or functional, and without any malice or criminal intent, is no longer a GWL disqualifying offense. Naturally a conviction of "aggravated assault", a serious felony crime, would be.

--- PERSONS DECLARED INSANE or just incompetent to stand trial are now explicitly prohibited from getting a GWL, unless they meet an exception found in subsection (b)(1). 16-11-129(b)(2)(K-L).

--- PERSONS who are DENIED a GWL for REASONS OF MENTAL ILLNESS or SUBSTANCE ABUSE INPATIENT TREATMENT are entitled to a hearing. The standards and procedures for that hearing are newly created and found in 16-11-129 (b.1). The reviewing court should only uphold the denial of the license if the preponderance of the evidence (slightly tipping the scales to one side or the other) shows that the person is "likely" to use a weapon in a way that is dangerous to public safety and contrary to the public interest.


-- FINGERPRINTING of weapons carry license applicants can be done by PRIVATE VENDORS who are approved by the GBI. There is no mention of any cap or restriction on the fee for such a privately-provided service. Fingerprinting will only be done for FIRST TIME applicants, not people renewing their unexpired or recently-expired GWL's, and not people who only want a temporary license until the hard card arrives.

--- A FEW MORE DAYS OF PROCESSING TIME: The Probate Court Judge will now have five "business days" (not counting weekends or holiday days) to send the applicant's information to a law enforcement agency for a background check. The old law just said five days.

---MUST CARRY YOUR GWL LICENSE WITH YOU: The law always had a requirement that you have your GFL/GWL in your possession when carrying under circumstances that were only legal with a license. But that's no longer found in 16-11-129 (e). It has been MOVED to a brand-new Code section, O.C.G.A. 16-11-137. The new code section gives more leeway in how close to you it has to be ("immediate possession" could be nearby, but not on your person), forbids law enforcement officers from stopping you to demand you show your license, and if you had a valid license issued to you but just not with you at that time, the fine is only ten dollars ($10.00).


-- APPEAL OF DENIAL OF LICENSE: If the Probate Judge improperly denies you a license or temporary license or renewal license, the new law explicitly declares that you have a right to demand a hearing before the Probate Court for reconsideration, or you can ask a higher court to force the Probate Judge to follow the law and issue the license. You can seek recovery of attorney's fees and "costs" of the civil action if you prevail, too.

-- LICENSE VERIFICATION: This new law forbids any creation of a national or statewide database that would include each Georgia county's weapons license holders. Instead, the new law authorizes each individual county Probate Judge to "verify" the status of a person's license only when requested for "public safety" purposes or by court order. The counties are instructed to give out no other information than to confirm the valid or non -valid status of such a license.

MORE JUDGES CAN CARRY WITHOUT A LICENSE. The new provisions of HB 60 add to the list of government agents and officers who can skip the GWL and just carry as if they had one, ignoring all the gun laws found from 16-11-126 through 129.
Several new categories of local, state, and federal judges and judicial officers are added to that list of persons whose job entitles them to these privileges.

SCHOOLS MAY ARM TEACHERS OR OTHER PERSONNEL: Not only was the ability of schools and school boards to authorize people to carry weapons expanded in Code section 16-11-127.1(c), but now HB 60 is creating a brand new law, Code section16-11-130.1, to address the issue of weapons and weapons training for authorized adults at schools. This is strictly optional, and no school board has any duty to choose this course of action, nor will they be held liable for their choice. Only the Board of Education of that school district can make this choice; it is not up to each school. There are general guidelines for mandatory weapons training and self-defense law training, and "secure" storage is required, though that could mean carrying in a holster on your body. The training requirements could be modified or waived for certain people based on their prior training and experience.
__________________
Attorney, but not YOUR attorney. Nothing I say here or in PM's is legal advice. Most of it is not the product of careful legal research and analysis anyway. There is no attorney-client relationship from the chatting and Q&A that I do here. Proud GeorgiaCarry.Org member since 2007.
gunsmoker is offline  
Old 04-03-2014, 05:50 AM   #6
gunsmoker
Lawyer and Gun Activist
GP_LIFETIMESUPPORTER.png
 
gunsmoker's Avatar
 
Join Date: Feb 2005
Location: Atlanta's northern suburbs
Posts: 23,451
Default last of 3 consecutive posts

AIRPORT CARRY: The new law, HB 60, will affect both the government buildings misdemeanor law (16-11-127) and the transportation terminal felony laws (16-12-122 thru 127). A new statute, O.C.G.A. 16-11-130.2, explicitly approves of carrying at commercial airports outside of the real security screening zone and sterile areas. It says that the secure areas of an airport cannot be considered to be the places unscreened passengers normally go or could go without encountering a security screening point.
There is also a RIGHT TO WITHDRAW; it says that if a GWL license holder brings a weapon to a checkpoint but it is discovered at that checkpoint, he or she has the option of leaving peacefully and not being arrested. The armed citizen can leave after complying with any federal security protocol procedures that are triggered by such an event. And even for non-permit holders, the crime of carrying to or inside the secure zones of an airport is only a misdemeanor, UNLESS the State can prove that the person intended to use the weapon to commit a more serious crime, in which case it becomes a 10-year felony and up to a $15,000 fine. This law will also preempt and declare void any local ordinances, codes, rules or policies in conflict with this O.C.G.A. code section.


MUST CARRY LICENSE IN YOUR "IMMEDIATE POSSESSION" : This isn't a new requirement. It has always been part of our law, but it was buried deep in a paragraph of Code section 16-11-129 (e) where it was hard to see. Now there's a NEW CODE SECTION, O.C.G.A. 16-11-137, on this point. It does declare it to be a crime for which you could be "convicted" if you fail to have your license with you when you're carrying under circumstances where it is only legal with a license. But it says that if you had a valid license issued to you in effect at the time, but you did not have it in your immediate possession, the penalty is only a $10.00 fine. If you did not have a valid license, then the offense is a crime, but one without a specific penalty attached in this law.

JUSTIFICATION DEFENSE BROADENED: A new code section, 16-11-138, says that lawful self-defense or the necessary defense of others IS a good enough reason to justify possessing a gun that would otherwise be illegal under "this Part." The "Part" that 16-11-138 is within is called Part 3 of Article 4 of Chapter 11 of Title 16. So the reference to "this Part" means all the laws from 16-11-126 through 16-11-138, generally on the subject of possessing and carrying weapons. So HB 60 will approve of you violating those gun control laws IF you do so motivated by a reasonable and genuinely-held belief that you must get a gun to save someone. Even before these changes in our law, it was arguable that Code section 16-3-20 provided for such "justification" (also called "duress" or "necessity" in some jurisdictions) when you are forced by circumstances to break a law to stop a much more serious bad thing from happening.

STRONGER PREEMPTION: Code section 16-11-173, our State preemption of local gun or weapons carry laws, will be stronger after HB 60 goes into effect. All the various State agencies, boards, commissions, authorities, and other government entities are forbidden from making rules or policies about guns, just like city and county governments (and their boards, commissions, etc.) have long been forbidden.

PREEMPTION OF LAWS ON OTHER KINDS OF WEAPONS: After HB60, state legislative preemption now includes "weapons" as broadly defined in the school safety zone law. It includes knives, clubs, chemical sprays, tasers and electric stun weapons-- not just firearms. There are a few exceptions where Sheriffs, Chiefs of Police, and District Attorneys can regulate the carrying of weapons by those deputies, cops, and prosecutors.

LAWSUIT OVER PREEMPTION VIOLATIONS: A person whose rights were violated by any government agency or officer contrary to the preemption law can sue. And while the actual damages are limited to $100, the offended citizen can recover costs and attorney's fees, get an injunction, be given equitable relief, and be afforded other relief by the court.

NECESSITY JUSTIFICATION FOR TRANSPORTATION FELONY WEAPONS OFFENCES: If the law forbids a weapon at an airport, bus terminal, or some other place that is covered by a felony weapons-free-zone law (O.C.G.A. 16-12-122 thru 127), BUT YOU FIND YOURSELF NEEDING A WEAPON TO SAVE INNOCENT LIVES, you can break the gun control law in order to try to save the innocent people. Your conduct will be excused.

G.C.I.C., PRIVACY, and MENTAL ILLNESS: O.C.G.A. 35-3-34, relating to the duties of the Georgia Crime Information Center, is modified to authorize that entity to receive and store information, and to share it with the FBI's national background check system, for information about persons who have been declared incompetent or insane. The bare minimum amount of personal and mental health information necessary to see if such a person is qualified to have a weapons license is all that should be sent by the Superior Courts and the Probate Courts to the G.C.I.C.

STATE REGULATION OF GUN DEALERS: The State of Georgia will no longer register, regulate, and tax gun dealers. Persons or entities "engaging in the business" of dealing in firearms are already subject to federal laws and federal felony prosecutions for dealing in guns without a Federal Firearms License (FFL). All of the State laws from 43-16-1 through 43-16-12 will be repealed with the implementation of HB 60.

NO GUN BANS DURING EMERGENCIES: The State gave up some of its own power to order the seizure of guns or the closing of gun stores during states of emergency or disaster. We already had some laws on this subject, but there much room for improvement. A newly-created code section, O.C.G.A. 38-3-37, forbids any State agent, or any agents or officers of any lesser level of government like a City or County, from confiscating guns, banning the possession of guns or ammo, restricting the carry of firearms, or otherwise engaging in gun control during a declared state of emergency, unless such gun restrictions were already in effect through normal legislative procedures prior to the emergency developing.

EVEN GOVERNOR CAN'T BAN FIREARMS IN EMERGENCIES: The State legislature is restricting the power of the Governor, too. The Governor cannot order the regulation or prohibition of guns and ammunition during any emergency. The Governor can restrict sales of gasoline and explosives and other dangerous things, but not guns or ammo or ammunition components.

CHANGES TO ARMED GUARD/ PRIVATE DETECTIVE RULES: HB 60 changes the wording of the armed security guard / private detective permit law (O.C.G.A. 43-38-10) to reflect that now a pistol carry permit can be issued to persons under age 21 if they are in the military or honorably discharged. The new law requires that an armed guard or armed private investigator or detective MUST have a regular personal GWL issued under 16-11-129 first, and THEN they can get additional weapons training and apply with the Georgia Board of Private Detective and Security Agencies for the so-called blue card which is a professional armed security license valid only on such jobs or going directly to and from such a workplace.

ALL CONFLICTING LAWS REPEALED: HB 60 ends with the usual statement that all conflicting provisions of other laws are repealed. See the last line of this bill, line 991.
__________________
Attorney, but not YOUR attorney. Nothing I say here or in PM's is legal advice. Most of it is not the product of careful legal research and analysis anyway. There is no attorney-client relationship from the chatting and Q&A that I do here. Proud GeorgiaCarry.Org member since 2007.
gunsmoker is offline  
Closed Thread


Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
Full text of Toomey/Manchin bill is online a__l__a__n In the News 16 04-12-2013 05:11 PM
Obamacare - new taxes, summary NTA Off-topic Political 1 01-15-2011 04:34 PM
HB 615 quick summary gunsmoker GA Laws and Politics 1 11-18-2009 01:42 PM
Day 29 Legislative Summary Malum Prohibitum GA Laws and Politics 0 03-07-2008 10:55 PM
Rome News -Tribune anti 89/915/RKBA Editorial. Full text. Minuteman In the News 15 02-15-2008 09:53 PM


All times are GMT. The time now is 08:20 AM.




[ Home ]  [ Current Bills ]  [ Gun Laws ]  [ Firearm License ]  [ Forum ]  [ Gun Links ]

 

Second Amendment Foundation
Be sure to visit Georgia's Most Active Gun Rights Organization
GeorgiaCarry.org
Join GCO

 

Copyright 2006-2013 by GeorgiaPacking.org. All rights reserved.