An Attempt at next session pro-carry bill

Discussion in 'Previous Bills' started by ICP_Juggalo, Sep 22, 2006.

  1. ICP_Juggalo

    ICP_Juggalo Active Member

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    Well, with the legislature re-conviening in less than 4 months, I figured it was time to start churning the rusty, creaky gears in my head and bring up to the surface, once again, some possible items I wish to introduce as a bill. Anyone who knows me on this board knows that I have been trying my futile attempts for the past 2 years now and yet again I wish to bore you all some more with my ideas for a comprehensive pro-carry bill.

    So without further adieu, I present to you my idea for a comprehensive pro-carry bill. I either replaced in whole or in part the code sections that I thought needed to be changed. Please feel free to flame, shred, gawk, or leave otherwise constructive comments below. Enjoy!

    O.C.G.A. 16-11-126. Carrying Concealed Weapons…
    (c) This Code section shall not permit, outside of his or her home, motor vehicle, or place of business, the concealed carrying of a pistol, revolver, concealable firearm, or any other weapon as defined in subsection (a) of this code section by any person unless that person has on his or her person a valid license issued under Code Section 16-11-129 and the pistol, revolver, firearm or other weapon may only be carried in a shoulder holster, waist belt holster, any other holster, hipgrip, or any other similar device, in which event the firearm or weapon may be concealed by the person´s clothing, or a handbag, purse, attache case, briefcase, or other closed container. Carrying on the person in a concealed manner other than as provided in this subsection shall not be permitted and shall be a violation of this Code section.
    (d) This Code section shall not forbid the transportation of any firearm by a person who is not among those enumerated as ineligible for a license under Code Section 16-11-129, provided the firearm is enclosed in a case, unloaded, and separated from its ammunition. This Code section shall not forbid any person who is not among those enumerated as ineligible for a license under Code Section 16-11-129 from transporting a loaded firearm or weapon in any private passenger motor vehicle in an open manner and fully exposed to view or in the glove compartment, console, or similar compartment of the vehicle; provided, however, that any person in possession of a valid permit issued pursuant to Code Section 16-11-129 may carry a loaded firearm or weapon in any location in a motor vehicle.
    (e) On and after October 1, 1996, a person licensed to carry a firearm, handgun or concealed weapon in any state whose laws recognize and give effect within such state to a license issued pursuant to this part shall be authorized to carry a firearm, handgun, or concealed weapon in this state, but only while the licensee is not a resident of this state; provided, however, that such licenseholder shall carry the firearm, handgun, or concealed weapon in compliance with the laws of this state.
    *this subsection will also have to be mirrored in 16-11-128(c)*


    O.C.G.A. 16-11-127. Carrying deadly weapons at public gatherings and secure areas.
    (a) Except as provided in Code Section 16-11-127.1, a person is guilty of a misdemeanor when he or she carries, while attending a public gathering or within a secure area, any explosive compound, firearm, knife designed for the purpose of offense and defense, or any other deadly weapon or instrument of like character.
    (b) For the purpose of this Code section, “public gathering†shall be defined as, professional athletic or sporting events, churches or church functions, political rallies or functions, publicly owned or operated buildings, portions of an licensed establishment primarily devoted to serve alcoholic beverages for consumption on the premises, and organized professional events or functions the general public will gather for. Nothing in this Code section shall prohibit the carrying of a deadly weapon in any other public place by a person licensed or permitted to carry such weapon by this part.
    (c) For the purpose of this Code section, “secure area†shall be defined as, any publicly owned or operated building or transportation terminal at which security personnel and electronic weapons screening devices are permanently in place at each entrance to the building.
    (d) This Code section shall not apply to; competitors participating in organized sport shooting events. Persons licensed to carry concealed weapons or firearms in accordance with Code Section 16-11-129 or persons licensed from any reciprocal state in accordance with Code Section 16-11-126 and Code Section 16-11-128, provided however this shall not apply to secure areas of a public building or transportation terminal. Law enforcement officers, peace officers retired from state or federal law enforcement agencies, judges, magistrates, solicitors-general, and district attorneys may carry pistols in publicly owned or operated buildings, secure areas of publicly owned or operated buildings, and secure areas of terminals.
    (e) It is an affirmative defense to a violation of this Code section if a person notifies a law enforcement officer or other person employed to provide security for a public gathering or within the secure area of the presence of such item as soon as possible after learning of its presence and surrenders or secures such item as directed by the law enforcement officer or other person employed to provide security for a public gathering or secure area.


    O.C.G.A. 16-11-127.1 Carrying or possessing weapons on school property or within school zones.
    (c) The provisions of this Code section shall not apply to:
    (7) A person who is licensed in accordance with Code Section 16-11-129 or issued a permit pursuant to Code Section 43-38-10 or any weapon legally kept within a vehicle in transit through a designated school zone by any person other than a student;


    O.C.G.A. 16-11-127.2 Carrying or possessing a firearm or weapon while on the premises of a nuclear power facility.
    (d)It shall be an affirmative defense to a violation of this Code section if a person notifies a law enforcement officer or security officer employed to provide security for a nuclear power facility of the presence of such item as soon as possible after learning of its presence and surrenders or secures such item as directed by the law enforcement officer or security officer employed to provide security for a nuclear power facility.

    O.C.G.A. 16-11-129. Georgia Firearm License
    Replaces the last sentence in subsection (f) The reverse side of the license shall have imprinted thereon in its entirety Code Section 16-11-127. With the following addendum: (f) The reverse side of the license shall have imprinted thereon; The Georgia Firearms License authorizes the licensee to carry openly or concealed, within the provisions of O.C.G.A. 16-11-126 (c), a pistol, revolver, concealable firearm, concealed weapon, or knife designed for the purpose of offense and defense in all areas of the state, except as specifically limited in this section. The Georgia Firearms License does not authorize the licensee to use a firearm, concealed weapon, or knife in a manner that would violate a provision of state law. The Georgia Firearms License does not authorize a licensee to carry a firearm, concealed weapon, or knife in violation of the following statutes:
    1) O.C.G.A. 16-11-34.1 Carrying a firearm, knife, or weapon within the state capitol building.
    2) O.C.G.A. 16-11-127. Carrying a firearm, knife, or weapon within the secure area of a public building or transportation terminal.
    3) O.C.G.A. 16-11-127.2 Carrying a firearm or weapon while on the premises of a nuclear power facility.
    4) O.C.G.A. 16-11-134. Possessing or discharging a firearm while under the influence of any drug or alcohol.
    5) O.C.G.A. 16-12-123. Carrying a firearm, knife, or weapon while boarding a commercial aircraft.
    6) O.C.G.A. 42-4-13. Carrying a firearm, knife, or weapon within the guard lines of a jail or prison.
    7) The Georgia Firearms License does not authorize a person to carry a firearm or weapon into a place where the carrying of firearms or weapons is prohibited by federal law.


    O.C.G.A. 16-11-134.
    (a) It shall be unlawful for any person to carry on or about their person a firearm and/or discharge a firearm while:
    (1) Under the influence of alcohol or any drug or any combination of alcohol and any drug to the extent that it is unsafe for the person to carry or discharge such firearm except in the defense of life, health, and property;
    (2) The person´s alcohol concentration is 0.08 grams or more at any time while carrying or discharging such firearm or within three hours after such discharge of such firearm from alcohol consumed before such discharge ended; or
    (3) Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the person´s blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the person´s breath or blood.
    (b) The fact that any person charged with violating this Code section is or has been legally entitled to use a drug shall not constitute a defense against any charge of violating this Code section; provided, however, that such person shall not be in violation of this Code section unless such person is rendered incapable of possessing or discharging a firearm safely as a result of using a drug other than alcohol which such person is legally entitled to use.
    (c) Any person convicted of violating subsection (a) of this Code section shall be guilty of a misdemeanor of a high and aggravated nature.



    O.C.G.A. 16-12-123 Commercial airline, bus, or rail vehicle hijacking…
    (b) Any person who boards or attempts to board an aircraft, bus, or rail vehicle with any explosive, destructive device, or hoax device as such term is defined in Code Section 16-7-80; firearm; hazardous substance as defined by Code Section 12-8-92; or knife or other device designed or modified for the purpose of offense and defense concealed on or about his or her person or property which is or would be accessible to such person while on the aircraft, bus, or rail vehicle shall be guilty of a felony and, upon conviction thereof, shall be sentenced to imprisonment for not less than one nor more than ten years. The prohibition of this subsection shall not apply to any law enforcement officer, peace officer retired from a state or federal law enforcement agency, person in the military service of the state or of the United States, or commercial security personnel employed by the transportation company who is in possession of weapons used within the course and scope of their employment; nor shall the prohibition apply to persons transporting weapons contained in baggage which is not accessible to passengers if the presence of such weapons has been declared to the transportation company and such weapons have been secured in a manner prescribed by state or federal law or regulation for the purpose of transportation or shipment. The provisions of this subsection shall not apply to any privately owned aircraft, bus, or rail vehicle if the owner of such aircraft or vehicle has given his or her express permission to board the aircraft or vehicle with the item. The provisions of this subsection shall not apply to the carrying of a firearm or concealed weapon as defined in subsection (a) of code section 16-11-126 on any bus or rail vehicle by a person licensed or permitted to carry such firearm or concealed weapon under Part 3 of Article 4 of Chapter 11 of Title 16.

    O.C.G.A. 16-12-127 Avoiding a security measure; Introducing into a terminal any destructive device or weapon.
    (a) It shall be unlawful for any person, with the intention of avoiding or interfering with a security measure or of introducing into a terminal any explosive, destructive device, or hoax device as defined in Code Section 16-7-80; firearm; hazardous substance as defined by Code Section 12-8-92; or knife or other device designed or modified for the purpose of offense and defense, to:
    (1) Have any such item on or about his or her person, or
    (2) Place or cause to be placed or attempt to place or cause to be placed any such item:
    (A) In a container or freight of a transportation company;
    (B) In the baggage or possessions of any person or any transportation company without the knowledge of the passenger or transportation company; or
    (C) Aboard such aircraft, bus, or rail vehicle.
    (3) This subsection shall not apply to the carrying of a firearm, knife, or concealed weapon as defined in subsection (a) of Code Section 16-11-126 by a person licensed or permitted to carry such firearm or concealed weapon under Part 3 of Article 4 of Chapter 11 of Title 16, provided, however this shall not authorize the carrying or possession of such item within the secure area of a terminal.


    Code Section 12-3-10 of the Official Code of Georgia Annotated, relating to relating to directing persons to leave parks, historic sites, or recreational areas upon their refusal to observe rules and regulations and prohibited acts generally, is amended by striking subsection (o) and inserting in lieu thereof the following:
    "(o)(1) It shall be unlawful for any person to use or possess in any park, historic site, or recreational area any fireworks, explosives, or firecrackers, unless stored so as not to be readily accessible or unless such use has been approved by prior written permission of the commissioner of natural resources or his or her authorized representative.
    (2)(A) It shall also be unlawful for any person to use or possess in any park, historic site, or recreational area any firearms, bows and arrows, spring guns, air rifles, slingshots, or any other device which discharges projectiles by any means, unless the device is unloaded and stored so as not to be readily accessible or unless such use has been approved within restricted areas by prior written permission of the commissioner of natural resources or his or her authorized representative.
    (B) Subparagraph (A) of this paragraph shall not apply to:
    (i) Transportation of firearms in a motor vehicle in any park, historic site, or recreational area to the extent otherwise authorized under subsection (d) of Code Section 16-11-126; or
    (ii) Possession of a pistol, loaded or unloaded, or use of such pistol in self-defense or defense of others in any park, historic site, or recreational area by a person licensed or permitted to carry such firearm under Part 3 of Article 4 of Chapter 11 of Title 16."
     
  2. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Do you have a version that indicates clearly the proposed changes and what is already in the section? This would make it easier for readers than having to look up each one.
     

  3. Broadside Bob

    Broadside Bob New Member

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    Thoughts and questions

    Would it be better to to say "'public gatherings' are defined as and limited to" or "'public gatherings' are limited to" to make it clear that it's an inclusive list (that is, anything omitted is OK for carry)?

    What about changing the publicly owned and operated buildings language to also include something like "while official procedures are in progress"? The idea would be to make highway rest stops legal...unless of course Gov. Sonny stops at one to take a cr@p (or leave one). Maybe language would also need to be added to make things like court houses, city hall, etc. off limits 24/7 to retain the spirit of what you propose(?).

    The proposal limits sporting events to "professional sports." If passed, would it be OK at carry to the SEC Football Championships at the GA Dome? Would it be legal to stand on the side of the road and watch the Peachtree Road Race while packing? Peachtree is mostly an amateur event, but many of the skinny waifs at the very front of the race are quite well paid (prize money, appearance fees, and salary/endorsement contracts) and are widely considered to be professional athletes.

    Generally, I know how the legislative process works, but I'll confess I don't know how it REALLY works (behind the scenes deal cutting and politicing, etc.). While this is obviously an improvement to the current laws, many will argue that it doesn't go far enough. Since you're proposing something all encompassing, if it were passed, would it be more difficult to make further improvements in later years...would lawmakers look back and say that it was all already addressed in 2007?

    Don't get me wrong, even if only part of this were passed, that would be HUGE.

    BB
     
  4. Broadside Bob

    Broadside Bob New Member

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    Drinking and packing

    GA Gun,

    I saw that, but he is proposing no carry while legally intoxiacted. I assume carry while B/A level below a 0.08 level is OK even with a drink in your hand.

    BB
     
  5. ICP_Juggalo

    ICP_Juggalo Active Member

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    Thanks for the replies so far.

    Basically what I did was make a bunch of mental notes and jotted them down on paper and in turn I spat out what was posted above.

    My intent, with the proposed laws above, is first and foremost the GFL would become a concealed weapons license in addition to a firearms license as we know it today. I see no reason whatsoever that if someone is licensed to carry a firearm, then why can't they carry knives, billies, and other weapons concealed as well.

    My second intention was to give the GFL some balls so to speak. With my bill the only places off limits to GFL holders are the state capitol, secure areas of public buildings and transportation terminals, nuclear power facilities, commercial aircrafts, and jails. I don't think that is too unreasonable considering with what we are dealing with now. The public gathering law would remain, but it is mostly for feel good effect to lawmakers and it also strips away the vagueness for anyone who wants to openly carry a weapon, but doesn't want to get a GFL because they don't carry "religously" or cannot get one because of a prior record.

    With the "CUI" (Carrying under the influence) legislation, I mainly wrote that as a barter chip to get what was wanted out of the main parts of the bill. There is still a training component I want to write and have at ready should the "CUI" legislation fail to appease the anti's.

    And lastly, the reason I want this all introduced as a package deal is because...
    It doesn't matter how much or little pro-carry bills we introduce. The legislature will always look and say "we already addressed that issue last year and don't need to this year". I have already got that impression from one represenative I have talked to. I informed this particular person of some laws I'd like to see chanaged and his remark was "Well we got the shoot first law passed this year for you guys already"

    I feel it needs to be done in one fatal swoop. Or else we can look forward to 10 years or so between each time one of our singular bills pass.
     
  6. GAGunOwner

    GAGunOwner Active Member

    Order of importance....

    .
     
  7. ICP_Juggalo

    ICP_Juggalo Active Member

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    People, as of right now, can carry brass knuckles, switchblades, and bludgeons. Just not concealed. As of recently at the meet and greet in La Grange I was openly sporting a switchblade look-alike knife, a 800k volt stungun, and a bludgeon. Conceal carry of non-firearm weapons is a huge priority for me because realisticly I can't carry a firearm everyday. While my workplace policy prohibits the carrying and possession of firearms, it doesn't prohibit the carrying of knives, O.C. spray and stun guns - all of which are most likely illegal to carry concealed. I am certain there are quite a few people on this board that are in a similar situation as me and would like to beable to carry a defensive weapon without getting fired and without getting thrown in jail at the same time. I'm sorry, but this is a big deal with me and it doesn't make a lick of sense that someone who is licensed to carry a firearm CANNOT carry other concealed weapons as well.

    I don't think an alcohol limit would be bad for us at all. It is just as irresponsible for me to carry deadly weapon while intoxicated as it is for you to get behind the wheel of a 2 ton deadly weapon and drive while intoxicated. Fence sitters will need to be convinced that GFLer's are responsible people and I believe that giving us an alcohol limit would help show that.

    Repealing the vagueness of the public gathering definition is also top priority. Even slightly more so than resturant carry. I want to beable to read the back of my license and know exactly where I can and cannot carry. You cannot do that now. Even if the public gathering law can't be totally exempted in our favor, this is where including concealed carrying of other weapons with a GFL could come into play. After all it is not illegal to carry a non-deadly weapon to a public gathering. When I know I am going to a public gathering, I opt to carry my stungun and O.C. spray, but because the potential exists for me to violate the law by carrying concealed, I have to openly carry those non-deadly weapons which makes me feel uncomfortable and risk getting harassed.

    I think that transportation carry has more of an impact that you may believe. Sure Marta is the obvious, but Cobb Co. has the CCT. Old-timey towns such Savannah has city trolleys which I aboslutely love to use, but have to disarm while doing so because of this silly law. Heck there were places that I carried to while in Florida that were perfectly legal by Florida standards, but if I had done the same in Georgia, I would have racked up enough FELONY violations to put me away for the rest of my life.

    The Georgia statutes are silly, asisnine, and crazy and they all need to be abolished at once.
     
  8. Wiley

    Wiley New Member

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    I would like two items.

    1. Remove all licensing requirements for open carry. (And, yes, the license would be a concealed weapons permit.)

    2. A requirement that if an area is an ongoing Government place, ie, courthouse (local, state or federal) and is restricted, secure storage be provided at Government expense. This would not impact polling places such as in churches and the like.
     
  9. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    test

    testing... is this working now? I typed a long reply a few mintues ago, and it was lost.
     
  10. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    Second Try

    Okay, now that this website and my computer are on speaking terms again...

    ... I think it is a bad idea for the statute to say that the GFL is not valid anyplace the federal government says you can't have a gun. That is ceding too much power to the feds. Our state may not have the power to de-criminalize what Congress (or some federal agency using authority delegated to them by Congress) has criminalized federally, but we don't have to make any violation of federal law a per se violation of state law, too.

    Let the feds enforce their own laws. If some GFL permit holder gets caught carrying a .44 magnum for bear protection while hiking with his family in some National Park or in a Corps of Engineers Day Use Area, let the world know that the legislature of Georgia did NOT make this a crime and has NOT invalidated his permit under such circumstances, so that no Georgia law enforcement officer or prosecutorial agency will go after this man with criminal charges.

    If you're worried about citizens being ignorant of the law, particularly of the fact that federal laws trump conflicting state laws, we could address this by just putting a NOTICE on the back of the license that some other states and some lands and installations under federal authority do not recognize or give any consideration to a GFL. [/b]
     
  11. jrm

    jrm Sledgehammer

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    I agree with gunsmoker.
     
  12. Gunstar1

    Gunstar1 Administrator

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    Speaking of that, arn't Power Stations (maybe even utilities in general) already off limits to firearm carry under federal law?

    Just thinking about that new nuclear power station law. I was under the impression that all power stations were already off limits under Fed law.
     
  13. jrm

    jrm Sledgehammer

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    GS1,

    I have not heard that before. I used to work for a power company, and I have been in several power plants. I don't remember ever being told that firearms were not allowed, nor do I remember seeing any "no guns" signs.
     
  14. Gunstar1

    Gunstar1 Administrator

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    I am looking but all I can find are hints that it exists, not the actual law.

    Though it may be just for employees, I don't know.
     
  15. ICP_Juggalo

    ICP_Juggalo Active Member

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    I know that nuclear power plants have to be federally licensed, but I am not sure if that makes them a bona fide federal facility...
     
  16. kkennett

    kkennett New Member

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    I agree with GAGunOwner in that how you sell it is very important in the political process. The 'Stand Your Ground' was sold as simply codifying what was already the case law in GA as a hedge against leftist judges (which was true). The revision of the permitting standards was sold as a simple correction/revision to bring the code in line with the BATFE requirements. This new bill should be sold as (IMHO) simply rewording an old law that has ambiguities so that people understand exactly what they can and cannot do. Therefore the antis can say to themselves, "well I"m glad we're strongly regulating those gun totin' cowboys." All the while, we're hoping to improve the law substantially in our favor. Now if we go all out for the Colorado, Utah, Alabama type lists, we'll have to win the real philosophical debate - which certainly can be done, ala CO. What I don't know is: given the current legislature, can that battle be won or not? Perhaps it is a mulit-year struggle.