Georgia Firearm Forums - Georgia Packing banner
1 - 20 of 128 Posts

·
Registered
Joined
·
2,196 Posts
Discussion Starter · #1 ·
HB 640 Crimes and offenses; firearms and the carrying and possession of firearms and other weapons; revise various laws
Link to HB 640

Sponsors
No.Number in listNameDistrict
1.Smith, Tyler Paul18th
2.Powell, Alan32nd
3.Ballinger, Mandi23rd
4.Jasperse, Rick11th
5.Collins, J68th
6.Dunahoo, Emory30th

Committees
House Committee:
N/A
Senate Committee:
N/A

First Reader Summary
A BILL to be entitled an Act to amend Title 16 of the O.C.G.A., relating to crimes and offenses, so as to revise various laws pertaining to firearms and the carrying and possession of firearms and other weapons; to amend Article 3 of Chapter 5 of Title 17 of the O.C.G.A., relating to disposition of property seized, to revise requirements for the disposition of firearms in custody of law enforcement agencies; to provide for causes of action; to amend Article 4 of Chapter 2 of Title 38 of the O.C.G.A., relating to active duty powers, to revoke active duty powers relating to close places where firearms and ammunition are sold; to revise Article 2 of Chapter 21 of Title 50 of the O.C.G.A., relating to state tort claims, so as to waive sovereign immunity for certain claims; to amend Chapter 1 of Title 51 of the O.C.G.A., relating to general provisions regarding torts, to provide immunity to private property owners under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.

Status History
DateStatus
02/25/2021House Hopper
 

·
Registered
Joined
·
8,738 Posts
Fixes the definition of simple assault to intent and not perceived feelings.
Restores places of worship to private property status.
Damages ($100) for lack of issuance or acceptance of GWCL application.
Expansion of database definition and damages ($100) for being included in one.
Range restrictions preempted for 5 acre+ properties.
Required sale of seized firearms with damages ($100) and attorney’s fees.
Limiting sovereign immunity claims with respect to GWCL issuance.
Private property owners liability protection (aka can’t be sued for not banning guns).

Lots of good stuff here. I wouldn’t mind a “takes effect following the governor’s signature” clause given the current state of COVID but I’d rather have the places of worship private property rights restored if that’s the balance.
 

·
Moderator
Joined
·
69,729 Posts
Section I - changes the assault statute to be only the attempt to commit a violent injury and repeals the rest of it (placing another in reasonable apprehension of immediately receiving a violent injury).

Section II - Removed churches from the statute listing places off limits to carrying a firearm. Oddly, this bill overlooks repealing the punishment provided in (e)(2) for violating this provision in (b), which would no longer exist.

Section III - Changes to the statute for licensing so that the probate judge must take applications even during a pandemic. No more setting appointments. Provides for civil relief in the event of a violation (mandamus). Deletes the second misdemeanor marijuana conviction as a factor of ineligibility. Provides for civil action for the creation or maintenance of a multi jurisdiction database, which was previously prohibited, but now the law has teeth.

Section IV - Changes to preemption. Preempts local governments from prohibiting discharge of firearms on plots of 5 acres or more.

Section V - APD gonna have to finally sell those thousands of weapons it has been stockpiling, or get sued up the butt. See also Section VII.

Section VI - repeals statute for closing stores selling guns and ammunition.

Section VII - Waiver of sovereign immunity for claims relating firearms licenses and the sale of seized firearms or other property. See also Section V.

Section VIII - Immunity for property owners which do not prohibit weapons on the property from "any claims arising out of a theory that such property owner should have or could have restricted the lawful possession of weapons on his or her property"

Please discuss.
 

·
Moderator
Joined
·
69,729 Posts
Lots of good stuff here.
Agreed. I especially like the 5 acre preemption provision. I also like the immunity provision for private property owners who do not prohibit weapons. I think that would go a long way toward many corporations changing their "No Guns" policies, which are adopted either out of politics or fear of liability. There is nothing to be done about corporations who get involved in politics, but for those who adopt such corporate policies only out of fear of liability, this might be a step that convinces them to change the policy.
 

·
Registered
Joined
·
2,180 Posts
I think the preemption on acreage needs to include primitive weapons, as Muscogee county is currently trying to enact an ordinance banning discharge of bow and arrows on land less then 10 acres (not limited to bow hunting, also includes recreational archery).
 

·
Registered
Joined
·
167 Posts
I think the preemption on acreage needs to include primitive weapons, as Muscogee county is currently trying to enact an ordinance banning discharge of bow and arrows on land less then 10 acres (not limited to bow hunting, also includes recreational archery).
HB 640 Crimes and offenses; firearms and the carrying and possession of firearms and other weapons; revise various laws
Link to HB 640

Sponsors
No.Number in listNameDistrict
1.Smith, Tyler Paul18th
2.Powell, Alan32nd
3.Ballinger, Mandi23rd
4.Jasperse, Rick11th
5.Collins, J68th
6.Dunahoo, Emory30th

Committees
House Committee:
N/A
Senate Committee:
N/A

First Reader Summary
A BILL to be entitled an Act to amend Title 16 of the O.C.G.A., relating to crimes and offenses, so as to revise various laws pertaining to firearms and the carrying and possession of firearms and other weapons; to amend Article 3 of Chapter 5 of Title 17 of the O.C.G.A., relating to disposition of property seized, to revise requirements for the disposition of firearms in custody of law enforcement agencies; to provide for causes of action; to amend Article 4 of Chapter 2 of Title 38 of the O.C.G.A., relating to active duty powers, to revoke active duty powers relating to close places where firearms and ammunition are sold; to revise Article 2 of Chapter 21 of Title 50 of the O.C.G.A., relating to state tort claims, so as to waive sovereign immunity for certain claims; to amend Chapter 1 of Title 51 of the O.C.G.A., relating to general provisions regarding torts, to provide immunity to private property owners under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.

Status History
DateStatus
02/25/2021House Hopper
Contacted my Rep today.
 

·
Atlanta Overwatch
Joined
·
13,923 Posts
I’m have reached out to my State House Rep, but she only really cares about dark skinned, and LGBTQ constituents. She doesn’t have much use for straight, white male constituents.
 

·
Moderator
Joined
·
69,729 Posts
I’m have reached out to my State House Rep, but she only really cares about dark skinned, and LGBTQ constituents. She doesn’t have much use for straight, white male constituents.
Then do not mention you are a straight, white male on the telephone, by email, or letter. Tough to hide in person over breakfast.
 
  • Like
Reactions: Adam5

·
Registered
Joined
·
954 Posts
I think the preemption on acreage needs to include primitive weapons, as Muscogee county is currently trying to enact an ordinance banning discharge of bow and arrows on land less then 10 acres (not limited to bow hunting, also includes recreational archery).
That is ridiculous. I shoot my bow on my 0.7 Acre Lot. (Probably against local ordnance, but I have a privacy fence).
 

·
Atlanta Overwatch
Joined
·
13,923 Posts
Then do not mention you are a straight, white male on the telephone, by email, or letter. Tough to hide in person over breakfast.
I offered to take Park Cannon to the Silver Killet for best breakfast in her district, but she politely declined. My state Senator, Nan Orrock, has also declined offers. I look forward to every chance I get to vote for someone other than them.
 

·
Moderator
Joined
·
69,729 Posts
That is ridiculous. I shoot my bow on my 0.7 Acre Lot. (Probably against local ordnance, but I have a privacy fence).
They had a person bow hunting shoot a deer, which promptly ran off onto a neighboring property. The hunter knocked on the door of the neighbor and asked politely to retrieve it (as he should have). Somehow, this one incident turned into a social media frenzy that motivated the Columbus-Muscogee consolidated government into action to stop the evil scourge of archery hunting on parcels smaller than 10 acres.

It is just a proposal for now, but it has a lot of support.

Keep in mind that this is a consolidated city-county government, which I think matters on something like this.
 

·
Registered
Joined
·
14,956 Posts
Then do not mention you are a straight, white male on the telephone, by email, or letter. Tough to hide in person over breakfast.
Think his rep would pick up on it?
17731
 
  • Like
Reactions: Adam5

·
Registered
Joined
·
167 Posts
I’m have reached out to my State House Rep, but she only really cares about dark skinned, and LGBTQ constituents. She doesn’t have much use for straight, white male constituents.
Perhaps your rep does only care about a certain group or identity. But, remember, 2nd amendment covers everyone who is concerned about their 2A rights. Also, you will know that you have done your best to reach out and share your concerns.
 

·
Cross-drawer
Joined
·
7,281 Posts
Anybody object to any of the sections of this bill?
Looks like an excellent bill to me. I bet some will go full retard over trying to return churches to private property status. Some people just refuse to see the proposed change that way.
 

·
Registered
Joined
·
4,445 Posts
The 5 acres part might need some adjustment for me. While I think it is a great move it will leave many with less acreage in the cold. I speak of some one down south on two acres with the nearest neighbor 4 miles down the dirt road. There should be some provisions for distance. In Bulloch County it is currently set at 200 feet from nearest inhabited dwelling. Of course there will be no issue unless we get a crazy or two elected. If an elected official can do something they usually do it. The crazy politicians are not as easy to get rid of down here as it was in the past. We have to hold an election now.
The rest of the Bill looks good. Will voice my opinion to our Reps down here. One of my neighbors went and got his self elected State Senator. I told him the day he walked down the road and ask for my vote that I'd be calling on him soon and often.
 
  • Like
Reactions: holotype

·
Moderator
Joined
·
69,729 Posts
The 5 acres part might need some adjustment for me. While I think it is a great move it will leave many with less acreage in the cold. I speak of some one down south on two acres with the nearest neighbor 4 miles down the dirt road. There should be some provisions for distance. In Bulloch County it is currently set at 200 feet from nearest inhabited dwelling. Of course there will be no issue unless we get a crazy or two elected. If an elected official can do something they usually do it. The crazy politicians are not as easy to get rid of down here as it was in the past. We have to hold an election now.
The rest of the Bill looks good. Will voice my opinion to our Reps down here. One of my neighbors went and got his self elected State Senator. I told him the day he walked down the road and ask for my vote that I'd be calling on him soon and often.
Does the guy with two acres and the nearest neighbor 4 miles away does need this bill to be adjusted to suit him? Is anybody "down south" in an area that rural trying to prevent him from shooting? This will greatly help those in some of the more restrictive counties who have plenty of room to shoot safely but are kept from doing so by restrictive county ordinances.

I need this even on my property, or I can see where I might in the future. I own more than 5 acres, but folks just keep building up next to my beautiful woods like it is their backyard. There was nobody when I bought the land. Now several houses are visible from my house, especially in the winter.

Nobody much cares about shooting out here, but I don't know about some of the newer neighbors (two or three just moved in, too far away to make my shooting illegal, but a bill like this would help a lot if Sheriff's deputies start coming to my house in response to complaints from somebody who moves here from a place where shooting is not part of the culture. It would be far easier to say, "Greater than 5 acres. Want to check out my backstop? Why don't you come over after your shift and try out some full auto?").

I can see this bill helping a lot of Georgians who currently face the risk of official harassment by county employees with guns and tasers and ASP batons.
 
  • Like
Reactions: holotype
1 - 20 of 128 Posts
Top