a quick summary
There's a lot of good things in this bill.
Nothing, by itself, is a huge win for gun rights. No "campus carry" or "constitutional carry" here. But a bunch of good reforms and clean-ups of language and wording.
MY SUMMARY, all in paraphrase:
SECTION 1 of HB 292.
16-11-126 amended to allow new residents of GA to carry on their out-of-state permit, but only if they’re from states that have reciprocity with GA anyway, for
up to 90 days AFTER they become GA residents.
(
the prior law would have invalidated their out-of-state permit the day they became GA residents, meaning they’d have no legal carry rights until such time as they actually got their GWL’s, which could take some time, especially as to gathering the necessary documents to “prove†one’s residency here.)
16-11-126 is amended to include
any knife, not just knives with blades over 5†long and handguns, as the types of things that a person who is lawfully
hunting or fishing can carry without having a GWL (or reciprocity). (the prior law only said “weapons†which would exclude 5†or shorter-bladed knives).
SECTION 2 of HB 292.
The school zone law,
16-11-127.1, is modified to clarify that no matter what restrictions are found here about certain government agents having a right to carry “on dutyâ€, the blanket exception found in Code section
16-11-130 applies and
controls at schools, too.
(
Note that 16-11-130 applies to those special people regardless of whether they are on duty or off, doing official business or conducting personal business. As long as they have those jobs or positions in the government, they get the exception.)
SECTION 3 of HB 292.
Modifies the GWL issuance law,
16-11-129, by allowing Probate Courts to
distribute printed literature coming from groups or organizations that provide “practical advice for
gun safety.†This is no mandatory; it’s up to the judge whether to participate in sharing the news about gun safety, and the judge CANNOT condition getting a license on taking any safety training.
(
Question: So does this mean that the “printed information†itself has to be THE instruction on gun safety, or merely an advertisement for classes or private lessons on gun safety, for which the student would have to pay? I assume this IS what it means..)
Modifies 16-11-129 by SHORTENTING
the deadline for Georgia law enforcement agencies from 30 days down to
just 10 days for them to make a report to the Probate Judge on an applicant’s criminal history report.
Modifies
16-11-129 by saying that it takes a conviction or another form of “
adjudication†to begin the process of revoking your GFL for cause.
(
The old law said it could happen if you were convicted OR just “otherwise involved†in some disqualifying crime or incident. .)
Modifies 16-11-129 by allowing for early renewal of a GWL, even prior to 90 days of its expiration date, IF the person is doing a legal name change.
SECTION 4 of HB 292.
Code Section
16-11-130, what we gun rights people call the “
Only Ones professional enough†provision in our law, to ALLOW
RETIRED COPS,
even retired from agencies outside of Georgia, to carry without a GWL, and to use their retirement credentials as a substitute for a carry permit.
These officers must have served a
total of 10 years as officers with powers of arrest, AND they must have left under honorable conditions, either retired or just resigned, but not fired or forced to quit in disgrace.
The former cops must not carry in courthouses, but then the law goes on to create a new subsection (c.1) that says ALL PERSONS with the 16-11-130 exemption status are
authorized to make use of any weapons lock-boxes that the Sheriff in charge of security
at any COURTHOUSE may (but is not required to) make available for use.
See Code 15-16-10 about comprehensive courthouse security plans.
The bottom line is if such weapons storage boxes or facilities are available for active-duty LEO to use when they visit courts, HB 292 now authorizes the Sheriff to accept guns from any other of the classes of people who enjoy
16-11-130 special status.
SECTION 5 of HB 292.
Code Section
16-11-130.2, gets a
new definitions section, to specify what is a “
commercial airport) (one that has scheduled flights from any major airline), and what is a “
major airline†(more than $1 billion in revenue in a fiscal year.)
(
Note: This law already requires signage to clearly indicate what the secure areas of such airports are, and that weapons are prohibited there. And there’s a right to retreat for GWL holders who are notified that their weapons are not welcome in the safe zone. So it’s not like we private citizens have to run a Dun & Bradstreet report on the name of every company that sends planes to or from the airport.)
SECTION 6 of HB 292.
O.C.G.A.
35-3-34 , relating to the GCIC (Ga. Crime Info. Ctr.) maintaining criminal records and mental health records for persons declared insane or being involuntarily hospitalized:
-- There is now an explicit right for people who had been committed to a mental hospital to
petition for relief of disabilities, at least 1 year after they’re released, and when their doctors will testify that they are not any danger to themselves or others.
(NOTE: 35-3-34 must be read together with
16-11-172, which is the law through which Georgia participates (since 1995) in the Brady Background Check system mandated by federal law for retail gun sales.)
SECTION 7 of HB 292.
O.C.G.A
51-1-55 is a new Code section created by HB 292. It says that
instructors and training centers who teach people the “safe, proper, or technical use†of weapons shall be
immune from civil liability, IF the suit is based on the students or former students using weapons improperly.
SECTION 8 of HB 292.
All laws and parts of laws in conflict with this Act are repealed.
