Armed Guards and GWL's

Discussion in 'GA Laws and Politics' started by gunsmoker, Mar 24, 2018.

  1. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    This is a very specific question that can get complicated.

    Does an armed guard, licensed by the Secretary of State of Georgia and with a blue card (professional firearms carry permit for on-duty carry) ALSO have to have a GWL issued by the Probate court?

    I thought the answer was yes, based on how H.B. 60 amended Code section 43-38-10 to remove the reference to persons over age 21 and add the qualification that all armed guards be license holders as defined in Code section 16-11-125.1

    Code section 16-11-125.1, of course, has nothing to do with regulated professions or armed guards or permits from the Secretary of State or the Board of Private Detective and Security Agencies. Its definitions only apply to that PART of the law, which is the part that covers 16-11-126 through 16-11-138, and which covers the GWL issuance code section, 16-11-129.

    Armed guards are regulated by Title 43 (regulated professions), Chapter 38 (private detectives and security guards).

    HOWEVER, the Board does not recognize any change in the law. Their published rules and regulations, and copies of the statutes only show the exact change required by HB 60, but they don't elaborate on it any further. No explanation of what that 2014 amendment to the armed guard gun law was supposed to do or how it changed anything.

    Am I reading the statute wrong?

    Here's the final "As Passed" version of H.B. 60. See section 3-6, at the end of the document.

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

    The Secretary of State's Office provides this link that steers people to the "official" OCGA code by Lexis-Nexis: http://sos.ga.gov/index.php/elections/georgia_code_-_lexisnexis If you follow that link to look up 43-38-10, you'll see it DOES have the new language, post -2014. There is also another code section that also talks about the eligibility for armed guards, 43-38-7.

    However, the Board still says, if you ask them over the phone, that no GWL is required. Their blue card is the only one that matters, they say. It's optional that you get a private citizens' carry permit for personal reasons, but they'll tell you this has nothing to do with your job or licensing as an armed guard. Their rules found in the 509 series of Rules for the State Of Georgia are all about the blue card and how to carry using that, without mention of a 16-11-129 permit from the Probate court.

    I'm just wondering, what's up with that?

    I'd expect that when the legislature makes a change in the law, the agency charged with applying and enforcing the law take note of it and begin fully implementing the change. That didn't seem to happen here.
     
    gadawg01 likes this.
  2. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    No comments, eh?
    I'd like some ideas about how this came to pass, that a bill passed by the legislature and signed by the Governor, which does not conflict with any other law passed in the same session, and which was NOT modified by the Legislative Reconciliation Committee or whatever that group of statute-editors is called...

    ... is not recognized and put into effect by the government agency in charge of that area of the law?
     

  3. UtiPossidetis

    UtiPossidetis American

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    Sounds like a question for the AGs office to me.
     
  4. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Sounds like you are right, but I have no time to look at it closely. I am too busy making money.

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  5. moe mensale

    moe mensale Well-Known Member

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    Let the lawyers answer it and amuse us! :mrgreen: