Bill filing open

Discussion in 'Previous Bills' started by kkennett, Nov 16, 2006.

  1. kkennett

    kkennett New Member

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    I understand that open season for pre-filing bills began on Wednesday, 11/15. Any chance that our legislator friends will be filing bills of interest here soon?
     
  2. Gunstar1

    Gunstar1 Administrator

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  3. Gunstar1

    Gunstar1 Administrator

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    I have moved last session's bills and report card pages so I can start new with this session. The new report cards will show this session's information but will also include last sessions grades.

    You can get to last session bills and grades by following the link beside title on the Current Bills page. http://www.georgiapacking.org/bills.php (no gun bills yet so all the fields for the current session are blank)

    Or you can follow this link to view last session's bills and report cards: http://www.georgiapacking.org/bills0506.php
     
  4. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    First firearms bill of the 2007 session prefiled yesterday.

    HB 6

    It has two sections. The second section does away with the Governor's power to limit the sale or transportation of firearms during emergencies.

    The second section purports to prohibit the seizure of weapons during a time of declared emergency unless as part of a criminal investigation. It also bars any rules preventing emergency workers from carrying. The method of enforcing an individual's right not to have his weapon seized is:
     
  5. kkennett

    kkennett New Member

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    Bump. As we grow closer to the legislative session, is there any reasonable suspicion that we'll be able to get any of these fabulous proposals that we've developed on this site filed? Is there anything we should be doing (e.g., asking for a meeting with a particularly amenable rep) in order to get some motion?
     
  6. foshizzle

    foshizzle New Member

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    I agree. This is our best chance to make positive and far-reaching PERMANENT changes. The public gathering law definitely has room for improvement even with a hostile legislature (which we don't have). It seems realistically possible, at least to me, that we could move from "any place that sells alcohol for consumption on the premesis" to "any place that derives over 50% of their income from the sale of alcohol." It isn't much, but that would solve a LOT of our carry issues here in GA and wouldn't raise the populace up against us.. it's not like it's a school.... it's a bar... nobody wants guns there.. who would care if we specify a bar rather than a chinese restaruant that sells bud light in 8oz cups?

    I'm all for carry issues in parks and all that... that is all good! There are a lot of smart people on here though... with good arguments... I think that they could sucessfully argue against some of our "dumb" IMO laws here. I think you smart and saavy law people should make efforts towards changing state law.. if you need volunteers or cash donations to fund such activities let us know!
     
  7. jgullock

    jgullock Active Member

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    And don't forget parking lots at transportation terminals!
     
  8. ICP_Juggalo

    ICP_Juggalo Professional Troll

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    Still not entirely carry friendly, but with less teeth.

    I have been working on this one since last years session. It is a more percise listing of areas off limit, but while keeping the "public gathering" language to keep the lawmakers happy. Tell me what you think.

    16-11-127. Carrying deadly weapons at public gatherings; affirmative
    defenses.



    (a) Except as provided in Code Section 16-11-127.1, a person is guilty
    of a misdemeanor when he or she carries while at a public gathering any
    explosive compound, firearm, or knife designed for the purpose of
    offense and defense.

    (b) For the purpose of this Code section, "public gathering" shall
    include and be limited to, professional athletic or sporting events,
    places of worship, political rallies or functions, secure areas of
    publicly owned or operated buildings, or portions of an establishment
    that is primarily devoted to serve alcoholic beverages for consumption
    on the premises. Nothing in this Code section shall otherwise prohibit
    the carrying of a firearm in any other public place by a person licensed
    or permitted to carry such firearm by this part.

    (c) This Code section shall not apply to competitors participating in
    organized sport shooting events. 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.

    (d) 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 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
     
  9. ICP_Juggalo

    ICP_Juggalo Professional Troll

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    Here is yet another work in progress

    Here is one that is an entire revamp of GA un laws. In this version, the GFL would be valid for all types of concealed weapons, not just limited to firearms. The only places off limits to carry would be secure areas of public buildings, secure areas of terminals, and commercial airlines. It would be illegal to carry a firearm while under the influence of drugs or alcohol - the same limits set for operating a motor vehicle. And lastly it would change the back of the GFL to expressly list the places off limits to carry instead of listing just one code section with a lot of guess work.

    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 license 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."

     
  10. kkennett

    kkennett New Member

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    I like it. Couple of details: should be 'devoted to serving' rather than serve. Also, does 'professional' modify just 'athletic', or also 'sporting' events? I know what you mean but we want the courts to know as well. I think that particular one will be tough, as I think there is a lot of opposition amongst the suburbanites to carry at little league games and the sort.
     
  11. slabertooch

    slabertooch New Member

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    Nice bill, just one small suggestion. How about providing a definition for "Persons in the Military" ie. Active duty, Reserve, Inactive Reserve, National Guard, and all persons Retired, both while serving in an offical capacity and off "duty".
     
  12. Rammstein

    Rammstein New Member

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    It's a nice idea and all, but I don't like it.

    It is just another way of saying that LEO/MIL are better than regular citizens. Since we all pay taxes, we should all be subject to the same laws.
     
  13. slabertooch

    slabertooch New Member

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    Not implying that LEO/MIL are better, the provision is already there, just need to remove the grey area concerning "...persons in the military...".
     
  14. slabertooch

    slabertooch New Member

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    Active Duty personnel are full-time all time according to the Uniform Code Of Military Justice. As my Gunny used to like to say 24/7 365/6. Regardless of duty status you are considered under orders even when on leave, and those orders can be changed. There is no "off time" for active duty, or those in temporary active duty.

    A good example is during the Easter holiday 2000, I was involved in a small op called Eastern Access. The call up was pretty sudden, and many persons had their Leave/Libery revoked, and had to return to the command. I myself was in the Combat Service Support Detatchment (CSSD) for less than a day before we stepped off. Keep in mind that all this happened over the weekend.

    This can happen to reserve and inactive reserve, just not as drastically, and in certain situations, albeit very extreme, Retired personnel can be recalled.
     
  15. Gunstar1

    Gunstar1 Administrator

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    The reason why most people get confused as to whether 130 is active duty or while on duty is because the AG opinion u97-13 says active duty so people assume that is all that is allowed. http://www.georgiapacking.org/ga-ag/u97-13.htm

    That opinion is answering a question
    The AG says yes they are. However he is only answering a question about the law, he is not stating its full coverage.

    The only grey area to me would be someone that was injured then discharged and a person that volutarily leaves (but still can be recalled) with how long you get (if any) after leaving the service but before you reach the cut-off age.
     
  16. foshizzle

    foshizzle New Member

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    I know the U.S. Congress is sworn in tomorrow... what about Georgia? We need to get cracking on this... any suggestions? What should I do? Anyone on good terms with a representative who can introduce any of this? I'm in the ex-honorable McKinney district so my hands are freaking tied!!! Nobody will listen to me in this craphole.