[BG_Atl]

HB 161 - Pediatric Health Safe Storage Act; enact
Current Version

ponsors

No.Number in list	Name	District
1.	Au, Michelle	50th
2.	Oliver, Mary Margaret	82nd
3.	Gilliard, Carl	162nd
4.	Neal, Yasmin	79th
5.	Holcomb, Scott	81st
6.	Crawford, Omari	84th

Committees
House Committee:
N/A

Senate Committee:
N/A

First Reader Summary
A BILL to be entitled an Act to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to establish the offense of making a firearm accessible to a child; to provide for definitions; to provide for exceptions and affirmative defenses; to provide for criminal penalties; to require a notice by certain firearm dealers; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.
Status History

Date	Status
01/31/2023	House Hopper

 

[AtlPhilip]

HB161 also makes it an affirmative defense if your 17yr old grabs the gun and shoots the burglar attempting to steal it.

HB161 makes it an affirmative defense if you are hunting with your child and they are injured by a firearm. Imagine that. You are hunting, an accident happens, and you are then jailed and charged with failure to secure your firearm.


But do not let it be said that Michele Au is heartless, she allowed the grieving parents 7 days before being hauled off to jail.
"No person who commits a violation... shall be arrested before the seventh day after the date on which the offense was committed"

 

[Malum Prohibitum]

For those who do not know what AtlPhillip means, an affirmative defense is something that the defense must raise. In other words, even if the affirmative defense exists, the officer can arrest, and the prosecutor can prosecute. You must raise the defense, and then the prosecutor will have the burden to disprove the affirmative defense.

 

[Malum Prohibitum]

I frequently, when my boys were older, but under 18, and had established excellent gun safety track records, allowed them to shoot .22s in the yard unsupervised. They had a safe backstop and followed all the same rules I had taught them for years. They would compete against each other sometimes for a couple of hours.

It is an affirmative defense that a person over the age of 18 supervised the child, see line 34.

In other words, my conduct with my two boys (now adults) would be criminal if HB161 were the law back then. Criminal.

I mean, it's just a regular misdemeanor if nobody is injured, so just a year in jail. No big deal, right? It's only a year, and you probably would not serve the whole year in a concrete box.

So, let's examine this bill.

It creates a new Code section with a new crime.

The crime is at line 25.

The offense is if a child "gains access to a readily dischargeable firearm" and you, "with criminal negligence," either "failed to secure the firearm, or Left the firearm in a place to which the person knew or should have known the child could gain access."

That's it, although the bill contains definitions and affirmative defenses and so on.

 

[Malum Prohibitum]

Note that an exception is where the possession is lawful under OCGA 16-11-132.

Here is that Code section (existing law). 2020 Georgia Code :: Title 16 - Crimes and Offenses :: Chapter 11 - Offenses Against Public Order and Safety :: Article 4 - Dangerous Instrumentalities and Practices :: Part 3 - Carrying and Possession of Firearms :: § 16-11-132. Possession of Handgun by Person Under the Age of 18 Years

This opens up a huge can of worms.

OCGA 16-11-132 is about pistols. And it says I can give my child a pistol and let him have free access to my property, unsupervised, throughout our woods and fields and home, simply with my permission as his father. Note that I can do the same with my grandchildren with no law broken by me or the child.

Note what 16-11-132 does not regulate. Rifles and shotguns.

The possession of rifles and shotguns by minors is completely unregulated in Georgia. Yes, a 12 year old can carry an AR15 legally in Georgia.

So, what does this mean if this bill were to pass?

It means this - that a child's access to a CZ452 in .22lr for target shooting in the backyard is a crime if I am not standing there, while I can let him possess a high capacity semiautomatic pistol (Glock fo-tay) on my property simply with permission, unsupervised, and that is no crime whatsoever.

These folks proposing these bills are not thinking things through very carefully.

Because rifles and shotguns are unregulated, minors under 18 can hunt without an adult right there supervising.




QUESTION:

HB161 passes. Under the new law, can your 17 year old hunt by himself, without you there personally to supervise? Discuss. Please provide line numbers and specific references to existing law and HB161 as necessary to support your answer.​

 

[Malum Prohibitum]

This is a companion bill to SB75 in the Senate. 2023-24 - SB 75 Fireams; the offense of making a firearm...

 

[ICP_Juggalo]

Did anyone happen to catch the public safety committee meeting on this bill this morning?

 

[BG_Atl]

Did anyone happen to catch the public safety committee meeting on this bill this morning?

Public Safety & Homeland Security Subcommittee 2-A 03.16.23

www.youtube.com

John was there and spoke to the bill, .
It was a non-voting session as it was after cross-over
As the chair of the committee said "it was a conversation starter"

 

[Malum Prohibitum]

Firearm safety bill gets rare hearing in GOP-controlled Georgia Legislature - The Current

House Bill 161 would make it a crime to allow a gun to get into the hands of an unsupervised child. If it became law, it would be a high and aggravated misdemeanor punishable by a fine of up to $5,000 to allow a child access to a gun if the child fires it and injures or kills someone.

thecurrentga.org

Speaking after the hearing, Collins said threats of retribution from gun lobbyists like Dorr do not factor into his decisions.​

​

“I appreciate the opinions that were thrown around in the room and expressed, that’s very important as far as the legislative process goes,” he said. “As far as being threatened for looking at the safety of our state and the safety of children, that’s not something I really am concerned about.”​

 

[A. McClure]

THIS is the bill that got a hearing, yet no pro gun bills did?

 

[Adam5]

It’s odd that it got a hearing after crossover day.

 

[A. McClure]

It’s odd that it got a hearing after crossover day.

I'm inclined to think that the chair was just throwing them a bone. Why he thought they needed one and we didn't escapes me.