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HB 1439, Repeal Governor's Emergency Power over firearms

14320 Views 59 Replies 6 Participants Last post by  Malum Prohibitum
This should make Malum very happy. :)

relating to carrying and possession of firearms, so as to provide for the crime of unlawful confiscation of legally owned and carried firearms; to amend Code Section 38-3-51 of the Official Code of Georgia Annotated, relating to the emergency powers of the Governor, so as to limit the Governor's emergency powers with respect to firearms; to provide for criminal penalties; to repeal conflicting laws; and for other purposes.
http://www.legis.ga.gov/legis/2005_06/search/hb1439.htm
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:righton:
Called the Committee number and was told that it has been favorably reported with substitute.

Substitute lowered fine from $5000 to $1000, also changed from "not less than" one year in jail to "no more than".

On its way...
That's not up on the web site yet, but I assume the firearm repeal portion was still repealed, correct?
Might be updated tomorrow.

When I called to ask about 1044 I asked the person if he had an update on HB 1439 that was in Sub Committee one this morning.
He said, "It was Favorably Reported with a substitute"
I asked if he knew what difference was.
He said the penalty was changed to what I posted above.
OK, the subcommittee passed it to the full committee, not to the house. I think the subcommittee's are closed meetings, the full committee is open for comments.

Today at 3pm the full committee will talk about it among others. Watch online
http://www.legis.state.ga.us/legis/2005 ... adcast.htm

Click the camera beside the Judiciary NON-CIVIL Committee meeting

Hopefully the camera guy will not screw it up this time.
Meeting Just Started 4:55pm, watch it online now.

Bill is 4th on the schedule out of 5.
ok they are not going in order...
1167 is done,
SB398 is up now...

TURN THE MIC ON...
talking about it right now
still talking about it
Looks like the only sticking point is the penaly for LEO, Subcommittee changed it from felony to misdemeanor.

Trying to decide if they want to make it a felony again or keep it a misdemeanor.

They did add ammo to it so a LEO cannot give you the gun but keep the bullets.
meeting is over, will finalize it and hear it again at Monday's meeting.
They ought to take away the "emergency declaration" part of 16-11-135.

Don;t get me wrong, I like it, and they are doing the right thing, but why should it not be a crime to confiscate my lawfully carried firearm when there is no declaration of emergency?
Gunstar1 said:
meeting is over, will finalize it and hear it again at Monday's meeting.
When Monday?
I think they said 1pm.

You can call the committee office and they can tell you for sure. (That is who I called before)
Malum Prohibitum said:
They ought to take away the "emergency declaration" part of 16-11-135.

Don;t get me wrong, I like it, and they are doing the right thing, but why should it not be a crime to confiscate my lawfully carried firearm when there is no declaration of emergency?
That question was asked and Franklin said it was outside of the scope of what he wanted the bill to do.
Also said the same thing about changing the penalty wording to include those that commanded someone to confiscate firearms, such as a Mayor that tells the police cheif to take them.

Half of me was mad, the other half realised that if too much is loaded on that it might sink and not get passed at all. It is one thing to take on the Governor, but all the Mayors in Georgia might be pushing it.
I say give it your blessing. Franklin is our friend, he is trying to do good, and there is always next year. This definitely gets a foot in the door.
I think there is some old Chinese proverb about water being able to break through rock that applies here. :)
Other than that, and a brief question as to why at the very begining (that 4 people answered), I loved the entire debate.

Not often, other than on this forum, do you have people debating on how far it should go instead of whether it should exist.

It wasn't should police be accountable, it was should it be only in a case of emergency or any time.
It wasn't should they serve jail time, it was should it be a misdemeanor (under 1 year) or a felony (at least 1 year).
They made sure the national guard (under the Gov not federal control) are included.
Added ammo so a LEO could not take the bullets and leave you with an empty firearm.
Even added those that are not LEO's but work in a similar capacity (state park ranger, etc) and may be asked to perform duties in a time of emergency.
Gunstar1 said:
It wasn't should they serve jail time, it was should it be a misdemeanor (under 1 year) or a felony (at least 1 year).
Am I correct that this is the focus of Monday afternoon's debate?

Also, I ran this bill by someone who is generally conservative but not as fanatical about the Second Amendment as we are, just to see how it played. (I am constantly doing this sort of thing to keep from growing myopic by just speaking amongst ourselves).

He thought it was a great bill but he winced at the word "felony" and said it should be a misdemeanor. He said to save the felonies for the people who give the orders.

Just thought I would share the viewpoint of someone who would never visit a site like this.
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