Campus carry

Discussion in 'GA Laws and Politics' started by mark5019, May 4, 2017.

  1. mark5019

    mark5019 what me worry?

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    May 4, 2017

    Dear GCO Member,

    The Governor today signed HB280, the Campus Carry Bill into law, removing one more location that armed criminals will not be able to choose defenseless victims due to where the person is walking or standing.

    Now, the criminal will have to determine if perhaps risking his/her life is worth a tablet or laptop or physical abuse. The playing field will soon be a little closer to level. HB280 becomes law on July 1, 2017.

    Rumor has it that HB292 will be signed next week!

    Full update to follow tomorrow for other news and happenings!
     
  2. Billennium

    Billennium Custom User Title

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    Fantastic. One more step in the right direction :righton:.

    The change addresses public institutions only and not private universities, which remain 100% off limits, am I correct?
     

  3. DonT

    DonT Deplorable bitter clinger.

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    You are correct. Private institutions can and will continue to ban firearms carry.
     
  4. atlmoneyman

    atlmoneyman Member

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    That is unfortunate.
     
  5. Billennium

    Billennium Custom User Title

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    I apologize, I may have to read the law again, but aren't private universities off limits just by law, regardless of whether or not they want to ban or firearms?
     
  6. sriexinger

    sriexinger New Member

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    While I applaud the efforts put forth by the GCO in making Georgia a gun-friendly state again, I am shocked by the final version of this campus carry bill. We have once again reached a point of insanity in our own ranks. You cannot honestly tell me that anyone understands where there is a university area defined as “any room or space being used for classes related to a college and career academy or other specialized school as provided for under Code Section 20-4-37.â€

    Did anyone read O.C.G.A. §20-4-37? It is about as obtuse and vague as it could possibly be. I will not reproduce the entire Code section here, but the one definition in O.C.G.A. §20-4-37 that I believe they refer to is (b)(5). That section provides: “’College and career academy “means a specialized school established as a charter school or pursuant to a contract for a strategic waivers school system or charter system, which formalizes a partnership that demonstrates a collaboration between business, industry, and community stakeholders to advance work force development between one or more local boards of education, a private individual, a private organization, or a state or local public entity in cooperation with one or more postsecondary institutions. A charter school, charter system, or strategic waivers school system contract establishing a college and career academy shall include provisions requiring that the college and career academy have a governing board reflective of the school community and the partnership with decision-making authority and requiring that governing board members complete initial and annual governance training, including, but not limited to, best practices on school governance, the constitutional and statutory requirements relating to public records and meetings, and the requirements of applicable statutes and rules and regulations.’†Where in a university does one find a location that remotely identifies itself this way and how do we know if that “area†is in compliance with the very definition under which it is created? (That is, assuming you can call this a definition.) This provision would most likely be unconstitutional and void for vagueness.

    As lawful weapons owners, we are once again faced with this onerous task of determining where we may and may and may not legally carry a weapon. We went through years repealing and modifying weapons laws in order to make sane that which was once insane. Now we are on the precipice, prepared to fall into an abyss of insanely unintelligible legal definitions where the average person would have no way to know whether he or she is in compliance.

    With the current conservative control in Washington, D.C., we are closer now that ever for a national carry law to come into existence. My parents live near Buffalo NY. I drive up there frequently. With a national carry law, I would be able to possess my weapons on my drive all the way to my parents’ home. I do not take my handguns now because I would be arrested and prosecuted by the State of New York for possessing a handgun. Currently, with the reciprocity laws, I can drive right up to the New York State line and go no further.

    [FONT=&quot]Now imagine this: they pass a national carry law. I am now permitted to possess my handguns in both New York and California where the weapons laws do not come much harsher. Now, the a national carry law would simply permit you to possess your weapons in any state, but you must do so in accordance with the same laws that govern their own citizens, much like you must obey local traffic laws that apply to the local gentry. To ensure that one is in total compliance with all the applicable laws, it will require a considerable amount of time doing legal research or consulting local legal counsel. So, as reciprocity permits, a non-resident person comes to visit his or her child at one of our state’s universities. How will he or she possibly know where in that university he or she might step and instantly violate our state’s laws? We need to be a constitutional carry state where the only places off limits are those controlled by regulated access entry. These “gun-safe†(or gun-free zones) are safe only in the imaginations of people who really believe that a criminal will read a sign and leave the area.[/FONT]
     
  7. DonT

    DonT Deplorable bitter clinger.

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    You're preaching to the choir, my friend. We all would have loved to have gotten clean campus carry, of course. But politics is what it is. Lots of unwelcome but necessary compromises are made.

    Ask yourself this: Will students and others on public post secondary institutions on July 1st, 2017, be able to carry in locations, where they could not before? Yes.

    It's a foot in the door. GeorgiaCarry.org will work with this, to remove restrictions on campus in the future. Just like we have done with restaurants and bars.

    Just to add: Let's wait to see how the actual statute reads, and then we'll all discuss how to interpret them. It will also be interesting to see how post secondary public institutions will react and what their enforcement policies will end up being.
     
    Last edited: May 5, 2017
  8. Feral

    Feral Active Member

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  9. sriexinger

    sriexinger New Member

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    [FONT=&quot]Excellent point, and I fully appreciate the politics of the whole matter. My comment was spawned out of some frustration with politics not just locally, but nationally as well. Public opinion on legal matters swing and sway like a pendulum. There is a conservative majority in Washington, D.C. Yet, it seems like legislation moves at a snail’s pace. We have conservative majorities in the Georgia Legislature and a Republican Governor. If we cannot obtain constitutional carry now, then when? The margin of win for President Trump over Ms. Clinton for Georgia’s electoral votes was too slim for my comfort. If one house of the Georgia legislature were to flip, there will be no more legislative improvements in the weapons laws in Georgia, and especially no constitutional carry.[/FONT]
     
  10. DonT

    DonT Deplorable bitter clinger.

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    Yes, thanks for correcting that. My understanding is that private post secondary schools will simply continue to be off limits under the old law, just as K-12 schools will continue to be. The new language in the statutes are specifically for public post secondary institutions only.
     
  11. Billennium

    Billennium Custom User Title

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  12. 45_Fan

    45_Fan Well-Known Member

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    No, no they will not. The state bans carry there and the private institutions have no say in the matter. Similarly to how the state bans carry in places of worship but differently because places of worship can choose to opt-out where private colleges cannot.
     
  13. Phil1979

    Phil1979 Member Georgia Carry

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    I guess private colleges just don't have private property rights. So much for the Constitution. :roll:


     
  14. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    They do have some say. See OCGA 16-11-127.1(c)(6).
     
  15. Phil1979

    Phil1979 Member Georgia Carry

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    I knew about that, but did not remember it when I posted above. <sigh...getting old>


     
  16. Rugerer

    Rugerer GeePeeDoHolic

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    As I told someone at the NRA convention, who asked, "what is your strategy?" GCO has a "no compromise" strategy. We work with the Ga Gen Assembly to pass bills that make it easier to carry. We will accept any gain no matter how small, and we reject any loss no matter how small.

    It was kind of nice talking to so many out-of-state people who wanted to learn all the details about us.
     
  17. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    yer right


    You're right.

    But the idiocy we have in this law is arguably better than the present law, which itself has 19 enumerated paragraphs full of exceptions and exemptions, some of which overlap to contradict or duplicate others on the list.

    The present law, as complicated as it is, is STILL better than an easy-to-understand bright-line test of the kind that the anti-gunners want:
    STEP 1: Is this place educational in nature?
    STEP 2: Is it a place where young people under age 25 regularly gather?
    DONE! 1 + 2 = off limits !

    At least HB 280 gives GWL holders a very low penalty, instead of the major felony prosecution awaiting non-licensed persons who dare to keep a folding knife with a 3" blade in the glove box of their parked car on school grounds.

    P.S. I agree national reciprocity should be something we push for.
    I'm also from WNY (Cheektowaga / Sloan) and had my unrestricted pistol carry license there for several years, but it's about to be invalidated due to the SAFE Act and the fact that I've never notified them of my move out-of-state.
     
  18. 736Lawton

    736Lawton Member

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    Gotta' start somewhere...this is good.
     
  19. Billennium

    Billennium Custom User Title

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    Can students that go to private universities successfully challenge this law for discriminating them?
     
  20. UtiPossidetis

    UtiPossidetis American

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    Despite several faculty around Georgia posting assertions about what is going to happen on campuses as of 7/1, the Regents have not come out with system-wide policy yet. The letter below was posted by one Graduate Teaching Assistant who had, incongruously, also posted that she was putting a note in her syllabus banning weapons from her classes.[​IMG]