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Discussion Starter · #1 ·
Reading through the newest city and county ordinances that municode has posted to add to the parks list and I have run across a few strange things.

1. The city of Bloomingdale has the emergency power to regulate firearm transportation
2. The city of Chamblee has a 15 day waiting period for handgun sales, unless you have a license.
3. Chamblee also prohibits carry in a parade, picket line, or group demonstration.
 

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Can a municipality pass an ordinance on a pre-empted matter that is not one of the three exceptions listed if they simply agree with the state law?
 

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GS1, I copied your post from the other thread in current bills so people could see the text:

"I noticed municode has added more cities and counties. So while I was looking for updates to the list of cities and counties that restrict carry in parks, I came across a city that has emergency power to restrict firearm carry.

Bloomingdale, Ga
Quote:
Sec. 26-33. Emergency powers of local government.
...
(11) Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, firearms, explosives, and combustibles.

You would think pre-emption covers this. Just like it covers parks..."

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O.C.G.A. 16-11-173

(b)(1) No . . . municipal corporation, by . . . ordinance . . . shall regulate in any manner . . . the . . . transport . . . of firearms . . .



I don't know. That isn't very clear. I can't possibly understand whether it affects the ordinance above.

:D
 

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Discussion Starter · #6 ·
City of Fitzgerald has a couple interesting ordinances:
Sec. 18-13. Weapons.
(a) Discharging firearms. It shall be unlawful to fire or discharge any firearms in the city without first obtaining the permission of the police chief, provided that this subsection shall not apply to duly authorized law enforcement officers acting in pursuit of their duties.
(b) Sale regulated. No person shall sell to anyone a pistol or any other firearm capable of being concealed on the person, or any dirk, sword cane, brass knucks or bowie knife or any other kind of knives manufactured or sold for the purpose of offense and defense, within the corporate limits of the city, unless such person selling any of such articles shall make a report to the police chief before 10:00 a.m. of the following day (except Sunday when transactions for Saturday shall be made the following Monday) of the sale of any of the articles listed in this subsection. Such report shall verify the articles sold giving a full description thereof such as number, mark and any other details as will make identification of such articles clear and positive and shall given the name of the person to whom sold with his age and address set forth therein.
(Code 1966, §§ 19-16, 19-17)
 

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Discussion Starter · #7 ·
This is a really good one from Hapeville
Sec. 26-2-10. Pocket pistols, revolvers, derringers; sale, possession, etc.; penalty for violation of section.
(a) It shall be unlawful for any person to sell, possess for sale, exhibit for sale, display or advertise for the purpose of sale, any 0.22 caliber pistol, revolver or derringer with a barrel three inches or less in length, which sells at a retail price of less than $39.00.
(b) It shall be unlawful for any person to sell, to possess for sale, exhibit for sale, display or advertise for the purpose of sale, any pistol, revolver or derringer described in subsection (a), designed and manufactured to fire blank cartridges and ammunition containing explosive charges only, if that pistol, revolver or derringer may be adapted to fire cartridges and ammunition containing projectiles; provided, however, that this section shall not apply to any pistol, revolver or derringer to be used in anyorganized high school, college, professional or other recognized athletic events.
(c) Any violation of the provisions of this section shall be punished by a fine not to exceed $1,000.00 or confinement for 90 days.
(Code 1959, § 14-21; Code 1981, § 11-1-17)
 

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Discussion Starter · #8 ·
From Hinesville we get:
Sec. 12-14. Purchasing and sale of handguns.
(a) Application. Every person desiring to purchase or otherwise acquire in the city a pistol, revolver, or other type of handgun, shall sign in duplicate and deliver to the seller or person disposing thereof an application for the purchase of a pistol, revolver, or other type of handgun, containing his full name, address, height, weight, race, date of birth, place of birth, social security (or other identification) number, the type of weapon, model, caliber or gauge, serial number and manufacturer. The application in duplicate may take the form of the United States Department of Treasury, Internal Revenue Service, Alcohol and Tobacco Tax Division Form 4473, "Fire Arms Transaction Record."
(1) The seller or person disposing of such weapons shall, within six (6) hours after such application, sign and attach his address and deliver the two (2) copies of the application to the office of the chief of police.
(2) It shall be unlawful to give false information or offer false evidence of the identity of such person in making such application or in acquiring a weapon as set forth therein.
(b) Waiting period. No person shall deliver or otherwise dispose of a pistol, revolver, or other type of handgun, until forty-eight (48) hours shall have lapsed from the time of receipt of the application in the office of the chief of police.
(c) Delivery to ineligible persons. No person shall sell or otherwise dispose of a pistol, revolver, or other type of handgun to a person whom he has reasonable cause to believe is not a fit and proper person to possess the same, is not of sound mind, is under twenty-one (21) years of age, is a drug addict, or is a person who has been convicted of a crime of violence.
(d) Notice of ineligibility. If within the forty-eight (48) hour period required, the chief of police or person designated by him from his office shall inform the proposed seller or person proposing to dispose of a pistol, revolver or other type of handgun, that the applicant is not a fit and proper person to possess the weapon, is not of sound mind, is under twenty-one (21) years of age, is a drug addict or is a person who has been convicted of a crime of violence, such information shall be prima facie evidence that the seller or person disposing thereof had reasonable cause to believe the applicant was unqualified to acquire such weapon.
(e) Exemptions. This section shall not be construed to apply to toy pistols, toy revolvers, toy weapons of any kind, or to antique weapons manufactured in or before the year 1898 which are to be used only for display or decoration purposes.
(Code 1978, § 16-404)
State law references: Georgia Firearms and Weapons Act, O.C.G.A. § 16-11-120 et seq.
 

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Discussion Starter · #9 ·
Kingsland has this
Sec. 15-51. Carrying concealed weapon.
A person commits the crime of carrying a concealed weapon when he has or carries about his person outside of his home or place of business, unless in an open manner and fully exposed to view, any bludgeon, metal knuckles, firearm, knife designed for offense and defense, or any other dangerous or deadly weapon or instrument of like character, except as permitted under O.C.G.A. § 16-11-130.
(Ord. No. 1980-1, 3-19-80)
State law references: Carrying a concealed weapon, O.C.G.A. § 16-11-126.
 

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Discussion Starter · #10 ·
Liberty County has this and more
Sec. 12-21. Application.
Every person desiring to purchase or otherwise acquire in the unincorporated area of the county a pistol, revolver, or other type of handgun shall sign in duplicate and deliver to the seller or person disposing thereof an application for the purchase of a pistol, revolver, or other type of handgun, containing his/her full name, address, height, weight, race, date of birth, place of birth, social security (or other identification) number, and sex, the type of weapon, model, caliber or gauge, serial number and manufacturer. The application in duplicate shall take the form of the "Application for Purchase of a Weapon" attached hereto as exhibit "A" and by reference made a part hereof [not printed herein].
The seller or person disposing of such weapons shall, within eight (8) hours after receipt of such application, sign same, and attach his/her address and deliver the two (2) copies of the application to the office of the chief deputy, county sheriff's office. It shall be unlawful to give false information or offer false evidence of the identity of such person in making such application or in acquiring a weapon as set forth herein.
(Ord. of 9-1-93, § 2)

Sec. 12-22. Waiting period.
No person shall deliver or otherwise dispose of a pistol, revolver, or other type of handgun until forty-eight (48) hours shall have elapsed from the time of receipt of the application in the office of the chief deputy.
(Ord. of 9-1-93, § 3)
 

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Gunstar1 said:
City of Fitzgerald has a couple interesting ordinances:
Sec. 18-13. Weapons.
. . .
(b) Sale regulated. No person shall sell . . . unless such person selling any of such articles shall make a report to the police . . . giving a full description thereof such as number, mark and any other details as will make identification of such articles clear and positive and shall given the name of the person to whom sold with his age and address set forth therein.
(Code 1966, §§ 19-16, 19-17)
THIS IS REGISTRATION! :censored:
 

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My wife is originally from Fitzgerald and worked at the police dept there before we met and has told me that "the local cops and city officials are all crooked as #@!!"
 

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Discussion Starter · #13 ·
Palmetto's I had to read a couple of times, slowly.
Sec. 14-72.1. Same--Improper display or reckless conduct re firearm.
It shall be unlawful for any person to cause bodily harm to or endanger the bodily safety of another person by consciously disregarding a substantial and unjustifiable risk so that his or her act or omission will cause harm or endanger the safety of the other person, and that disregard constitutes a gross deviation from the standard of care which an ordinary person would exercise in the situation. In addition to the above, any person who recklessly displays a firearm which endangers the bodily safety of another person by consciously disregarding a substantial and justifiable risk that his or her act or omission will cause harm or endanger the safety of the other person, and such disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise in this situation shall also engage in such unlawful conduct [sic].
(Ord. No. 90-01, 2-5-90)
Editor's note: Ord. No. 90-01, adopted Feb. 5, 1990, added a new § 12-25(a), which section has been redesignated by the editor as § 14-72.
 

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After reading Palmetto's code section three or four times, very slowly, I do not think it applies to a holstered firearm.
 
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