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2017-2018 Regular Session - HB 286
Firearms; persons eligible for weapons carry license to lawfully carry weapon without license; allow

http://www.legis.ga.gov/Legislation/en-US/display/20172018/HB/286

Sponsored By
(1) Clark, Heath 147th(2) Powell, Alan 32nd(3) Lumsden, Eddie 12th
(4) Jasperse, Rick 11th(5) Williamson, Bruce 115th(6) Gravley, Micah 67th

Committees
HC: PS & HS (02/09/2017)
SC:

First Reader Summary
A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 3 of Title 12, Title 16, and Title 27 of the O.C.G.A., relating to general provisions regarding parks, historic areas, memorials, and recreation, crimes and offenses, and game and fish, respectively, so as to allow persons who are eligible for a weapons carry license to lawfully carry a weapon without such license; to provide that a weapons carry license shall serve as an administrative confirmation of a person's right to carry a weapon; to provide for related matters; to repeal conflicting laws; and for other purposes.

Status History
Feb/08/2017 - House Hopper
 

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I see Rick Jasperse a lot, either on these pro bills or amongst your conversations. I think I would like this guy.
 

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HB 286 Firearms; persons eligible for GWCL to lawfully carry without license;...

Like the other permit less carry bill, I don't see where this bill allows for carry anywhere that we can't carry now.
 

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Just a Man
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This is the definition of someone 'Eligible for a weapons carry license' means a person who meets the qualifications
30 described in subparagraphs (b)(2)(A) through (b)(2)(F) and subparagraphs (b)(2)(H)
31 through (b)(2)(L) of Code Section 16-11-129

O.C.G.A. § 16-11-129
Weapons carry license; temporary renewal permit; mandamus; verification of license

(b) Licensing exceptions.

(1) As used in this subsection, the term:

(A) "Armed forces" means active duty or a reserve component of the United States Army, United States Navy, United States Marine Corps, United States Coast Guard, United States Air Force, United States National Guard, Georgia Army National Guard, or Georgia Air National Guard.

(B) "Controlled substance" means any drug, substance, or immediate precursor included in the definition of controlled substances in paragraph (4) of Code Section 16-13-21.

(C) "Convicted" means an adjudication of guilt. Such term shall not include an order of discharge and exoneration pursuant to Article 3 of Chapter 8 of Title 42.

(D) "Dangerous drug" means any drug defined as such in Code Section 16-13-71.

(2) No weapons carry license shall be issued to:

(A) Any person younger than 21 years of age unless he or she:

(i) Is at least 18 years of age;

(ii) Provides proof that he or she has completed basic training in the armed forces of the United States; and

(iii) Provides proof that he or she is actively serving in the armed forces of the United States or has been honorably discharged from such service;

(B) Any person who has been convicted of a felony by a court of this state or any other state; by a court of the United States, including its territories, possessions, and dominions; or by a court of any foreign nation and has not been pardoned for such felony by the President of the United States, the State Board of Pardons and Paroles, or the person or agency empowered to grant pardons under the constitution or laws of such state or nation;

(C) Any person against whom proceedings are pending for any felony;

(D) Any person who is a fugitive from justice;

(E) Any person who is prohibited from possessing or shipping a firearm in interstate commerce pursuant to subsections (g) and (n) of 18 U.S.C. Section 922;

(F) Any person who has been convicted of an offense arising out of the unlawful manufacture or distribution of a controlled substance or other dangerous drug;

(H) Any person who has been convicted of any of the following:

(i) Carrying a weapon without a weapons carry license in violation of Code Section 16-11-126; or

(ii) Carrying a weapon or long gun in an unauthorized location in violation of Code Section 16-11-127

and has not been free of all restraint or supervision in connection therewith and free of any other conviction for at least five years immediately preceding the date of the application;

(I) Any person who has been convicted of any misdemeanor involving the use or possession of a controlled substance and has not been free of all restraint or supervision in connection therewith or free of:

(i) A second conviction of any misdemeanor involving the use or possession of a controlled substance; or

(ii) Any conviction under subparagraphs (E) through (G) of this paragraph

for at least five years immediately preceding the date of the application;

(J) Except as provided for in subsection (b.1) of this Code section, any person who has been hospitalized as an inpatient in any mental hospital or alcohol or drug treatment center within the five years immediately preceding the application. The judge of the probate court may require any applicant to sign a waiver authorizing any mental hospital or treatment center to inform the judge whether or not the applicant has been an inpatient in any such facility in the last five years and authorizing the superintendent of such facility to make to the judge a recommendation regarding whether the applicant is a threat to the safety of others and whether a license to carry a weapon should be issued. When such a waiver is required by the judge, the applicant shall pay a fee of $3.00 for reimbursement of the cost of making such a report by the mental health hospital, alcohol or drug treatment center, or the Department of Behavioral Health and Developmental Disabilities, which the judge shall remit to the hospital, center, or department. The judge shall keep any such hospitalization or treatment information confidential. It shall be at the discretion of the judge, considering the circumstances surrounding the hospitalization and the recommendation of the superintendent of the hospital or treatment center where the individual was a patient, to issue the weapons carry license or renewal license;

(K) Except as provided for in subsection (b.1) of this Code section, any person who has been adjudicated mentally incompetent to stand trial; or

(L) Except as provided for in subsection (b.1) of this Code section, any person who has been adjudicated not guilty by reason of insanity at the time of the crime pursuant to Part 2 of Article 6 of Chapter 7 of Title 17.
Reading, but so far it seems that this will allow anyone eligible to own a firearm to be able to carry on their property, vehicle or place of business. Mainly persons 18 to 20 year olds.

SECTION 3.
35 Said title is further amended by revising Code Section 16-11-126, relating to having or
36 carrying handguns, long guns, or other weapons, license requirement, and exceptions for
37 homes, motor homes, private property, and other locations and conditions, as follows:
38 "16-11-126.
39 (a) Any person who is otherwise not prohibited by law from possessing a handgun or long
40 gun may have or carry on his or her person a weapon or long gun on his or her property or
41 inside his or her home, motor vehicle, or place of business without a valid weapons carry
42 license or being eligible for a weapons carry license.
 

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I see Rick Jasperse a lot, either on these pro bills or amongst your conversations. I think I would like this guy.
Well, you should. He is quite a friend to GCO and has put a lot of effort into the cause.
 

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Alan Powell is also a cosponsor, so Heath Clark may have done a little homework on this one before filing.
 
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This one is going to be interesting to watch. Somebody has put a bunch of thought and effort into the transition to permitless carry.

Also, there is decent chance this one will be the lightning rod and pull the anti-debate away from campus carry.
 

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As far as I can tell this bill still institutes a 21 YO age requirement to be eligible to carry. That is disappointing, although I'm not sure how lowering that will go politically.
 

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As far as I can tell this bill still institutes a 21 YO age requirement to be eligible to carry. That is disappointing, although I'm not sure how lowering that will go politically.
It does not institute it. Institute means to establish or originate. To inaugurate. To set into law.

This is already the law.

This bill is aimed at one change, not two.
 

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It does not institute it. Institute means to establish or originate. To inaugurate. To set into law.

This is already the law.

This bill is aimed at one change, not two.
Alright, I'll revise my wording. This bill maintains the age requirement.

For a permitless carry bill I believe that is wrong. It is the endorsement of age-based discrimination under the law. You are either an adult or you are not.
 

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Alright, I'll revise my wording. This bill maintains the age requirement.

For a permitless carry bill I believe that is wrong. It is the endorsement of age-based discrimination under the law. You are either an adult or you are not.
I would suggest shaking hands with the sponsor in the next few weeks and asking specifically why that wasn't included in the bill. The answer could be enlightening.
 

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HB 286 Firearms; persons eligible for GWCL to lawfully carry without license;...

I imagine it has something to do with campus carry.

If they removed the age restriction then the antis would say, "Look! All these children can carry at 18 on campus!"

Things of that sort.

You don't want to give the opposition ammunition so to speak.
 

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I imagine it has something to do with campus carry.

If they removed the age restriction then the antis would say, "Look! All these children can carry at 18 on campus!"

Things of that sort.

You don't want to give the opposition ammunition so to speak.
As HB 280 is currently drafted, the provisions of HB 286 would not apply. That is, while HB 286 would remove the need to have a license to have the gun in your car on campus, it would not remove the need to have a license to carry on campus.

Note also that HB 286 does not change the need for a license when carrying or picking up a student (c)(7). See line 174, this is (c)(8). So (c)(7) is not touched.

In other words, if both bills passed as-is, a license would still be required to carry on campus, and the weapon would need to be concealed.
 

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As HB 280 is currently drafted, the provisions of HB 286 would not apply. That is, while HB 286 would remove the need to have a license to have the gun in your car on campus, it would not remove the need to have a license to carry on campus.

Note also that HB 286 does not change the need for a license when carrying or picking up a student (c)(7). See line 174, this is (c)(8). So (c)(7) is not touched.

In other words, if both bills passed as-is, a license would still be required to carry on campus, and the weapon would need to be concealed.
Any chance we can define picking up and dropping of students. To many DA's interpret this to mean in a car only.
 

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This is very poorly written IMO. They need to clean this up and resubmit it.
Please elaborate. Which lines are poorly written? What suggestions do you have for cleaning those lines up?
 

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Please elaborate. Which lines are poorly written? What suggestions do you have for cleaning those lines up?
Just a few that I quickly see:

Line 99: The way it is worded allows for the arrest of someone without a weapon's carry license OR someone not eligible for a weapon's carry license.

I'm pretty sure the author intended to say that someone eligible for a license was ok to carry there. Yet, it certainly isn't what is written. The authors should remove anything about without a weapon's carry license and simply say "not eligible for a weapon's carry license."

Line 155: The same deal as above. The authors intended to decriminalize carry for people eligible for weapon's licenses. Unfortunately, that's not how they wrote the code section. It again says that someone without a weapon's license or someone not eligible for a license may be arrested. Same correction suggested.

Line 42: The section of code is saying that an unlicensed person may carry in their home, vehicle or place of business. The addition of "being eligible for a carry license" is superfluous.

Line 45: Also superfluous.

Just a few of the glaring errors that I noticed on first read.
 
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