2019-20 - HB 787 Crimes and offenses; weapons carry license reciprocity in this st

Discussion in 'Current Bills' started by BG_Atl, Jan 17, 2020.

  1. BG_Atl

    BG_Atl Active Member

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    2019-2020 Regular Session - HB 787 Crimes and offenses; weapons carry license reciprocity in this state; expand
    http://www.legis.ga.gov/Legislation/en-US/display/20192020/HB/787

    Sponsored By
    (1) Ballinger, Mandi 23rd(2) Jasperse, Rick 11th(3) Powell, Alan 32nd
    (4) Momtahan, Martin 17th(5) LaHood, John 175th(6) Gravley, Micah 67th

    Committees

    HC: SC:

    First Reader Summary

    A BILL to be entitled an Act to amend Code Section 16-11-126 of the Official Code of Georgia Annotated, relating to having or carrying handguns, long guns, or other weapons, license requirement, and exceptions for homes, motor vehicles, private property, and other locations and conditions, so as to expand weapons carry license reciprocity in this state; to provide that persons who are not residents of this state shall be authorized to carry a weapon in this state if licensed to carry in any other state; to provide that the Attorney General shall enter into an agreement with any state that requires an agreement to recognize and give effect to weapons carry licenses for reciprocity; to provide for related matters; to repeal conflicting laws; and for other purposes.

    Status History

    Jan/16/2020 - House Hopper
     
  2. Wegahe

    Wegahe NRA Instructor

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    This really is not good for GWCL holders. If those in states that do not honor the GWCL have nothing to gain because they can carry here on their carry license there is no reason for them to push for their state to accept Georgia's carry license.
     
    Phil1979 likes this.

  3. tmoore912

    tmoore912 Just a Man

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    Well, the trend among freedom loving states has been for states to grant unconditional reciprocity.........lately. Virginia went this way just a couple years ago that allowed GWCL holders to CC while in there. (Use to have to OC to carry there). Now Virginia has a bill that will wipe out almost all reciprocity agreements.

    Another good thing about this bill is it gives us another bill to amend with other pro-carry amendments and move forward.
     
  4. timbrubaker

    timbrubaker I may be slow, but I sure am ugly

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    I think Puerto Rico’s new law granted reciprocity to any other state’s permit.
     
  5. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    It did, and this is a good trend. I do understand it carries the downside of removing the "stick" approach of refusing to recognize other state's licenses if they refuse to recognize Georgia. I still think this is a good bill and a good direction for Georgia, as it recognizes the fundamental human right of self defense for persons visiting here from the minority of states with no reciprocity.

    I am hoping for renewed interest in a "right to travel" approach to the right to keep and bear arms one of these days. The Second Circuit already recognized it "but for" there being no Second Amendment right applicable to an individual in a pre-Heller decision involving a Navy Seal who regularly visited his mama in New York. The right to travel cases basically say that a state cannot deny non-residents fundamental rights. It has been applied to abortion and access to the courts and in a few other situations. The Navy Seal case sought to apply it to the right to bear arms, and the Second Circuit basically said, "Good argument, but there is no fundamental right to bear arms that applies to an individual, as opposed to a state organized militia." Since Heller, of course, it would appear that this would be a good case to argue again, ESPECIALLY in the Second Circuit, citing the prior case and seeking an update in light of Heller.

    As to this bill, however, I support it, as I support any extension of the State of Georgia recognizing the fundamental human right of self defense by decriminalizing yet one more category of bearing arms.
     
    tmoore912 and timbrubaker like this.
  6. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    Can states withhold a right from citizens of other states when visiting or doing business trips to that State? Since when are rights found in the U.S. Constitution subject to a 90+ day residency requirement before they can be exercised?
    The "carrot and stick" approach isn't lawful or moral if the "stick" is waved in violation of the Second Amendment, and the dormant Commerce Clause (implicit federal preemption of state laws that unreasonably burden interstate commerce and give advantages to locals).
     
  7. timbrubaker

    timbrubaker I may be slow, but I sure am ugly

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    You never know if the guy watching your six might be visiting from CA, NY, NJ, HI, etc. I'll take all the help I can get when things go sideways.
     
    phantoms and tmoore912 like this.
  8. A. McClure

    A. McClure Well-Known Member

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    It passed committee today....unanimously
     
  9. A. McClure

    A. McClure Well-Known Member

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    Correction, it passed sub-committee unanimously.
     
  10. Phil1979

    Phil1979 Member Georgia Carry

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    The bill should also be amended to say that any Georgia citizen who carries in a state that does not recognize our weapons license but where we allow their citizens to carry here, that a criminal charge of carrying without a license in that state will not negatively effect a Georgia citizen's eligibility to maintain or renew their GWL.

    For why should we be penalized if they aren't?
     
  11. Phil1979

    Phil1979 Member Georgia Carry

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    I think some of these nibbling around the edges bills should get beefed up. We are looking to carry in more places here in Georgia.
     
  12. Wegahe

    Wegahe NRA Instructor

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    I do not like this and never have. It keeps coming back up all the time and with luck can be killed this time as well. IF this goes through we will not have people in those states that even bother to care to fight for the GWCL to be accepted in their state. This is not a good idea for GWCL holders. It only benefits those in other states and we get nothing in return.
     
  13. BG_Atl

    BG_Atl Active Member

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    This bill was just passed by the House Public Safety Committee with a "Do Pass" recommendation to the House.
     
  14. Nemo

    Nemo Man of Myth and Legend

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    So Ga is going to every state recognition?

    Nemo
     
  15. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    It passed its first committee. Still has a long way to go from bill to law.
     
  16. Nemo

    Nemo Man of Myth and Legend

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    Bravo Ga (for getting started) Bravo

    We had some issues with that in the past and some again this year.

    Nemo
     
  17. Wegahe

    Wegahe NRA Instructor

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    I hope for the sake of those with a GWCL this fails in short order. We need the help of those in states that do not accept the GWCL. If they can just carry here they they will not fight within their own state to get the right to.
     
  18. Savannah Dan

    Savannah Dan Cross-drawer

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    It doesn't matter. We only have 12 years before the Earth bursts into flames.
     
  19. Wegahe

    Wegahe NRA Instructor

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    What will burn? The oceans will have flooded the land because the ice caps melted. Last I heard water doesn't burn...
     
  20. A. McClure

    A. McClure Well-Known Member

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    This bill did not receive a floor vote in the House- its dead