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Juxtaposition: Governor Deal Edition

1716 Views 6 Replies 5 Participants Last post by  Phil1979
Veto Number 9

HB 859 seeks to amend O.C.G.A. § 16-11-127.1, which relates to the carrying of weapons within school safety zones. It would add an exception to the prohibition of carrying or possessing a weapon in such school zones, to “any licensed holder when he or she is in any building or on real property owned or leased to any public technical school, vocational school, college or university or other public institution of postsecondary education,†except for “buildings or property used for athletic sporting events or student housing, including, but not limited to fraternity and sorority houses…â€

Some supporters of HB 859 contend that this legislation is justified under the provisions of the Second Amendment to the United States Constitution which provides in part that “the right of the people to keep and bear arms, shall not be infringed.†Identical words are contained in Article I, Section, I, Paragraph VIII of the Constitution of the State of Georgia. It would be incorrect to conclude, however, that certain restrictions on the right to keep and bear arms are unconstitutional.

In the 2008 case of District of Columbia v. Heller, United States Supreme Court Justice Antonin Scalia, writing the opinion of the Court, reviews the history of the Second Amendment and sets forth the most complete explanation of the Amendment ever embodied in a Supreme Court opinion. While the subject matter of HB 859 was not before the Court in the Heller case, the opinion clearly establishes that “Like most rights, the right secured by the Second Amendment is not unlimited. From Blackstone through the 19th century cases, commentators and courts routinely explained that the right was not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose.†Justice Scalia further states that “nothing in our opinion should be taken to cast doubt on…laws forbidding the carrying of firearms in sensitive places such as schools and government buildings…â€

Georgia, like most jurisdictions, has set forth statutory provisions defining what constitutes those “sensitive places†and has imposed specific rules relating to the presence of weapons in those places. Indeed, the Georgia Code section which HB 859 seeks to amend is called the “Georgia Firearms and Weapons Act.â€

Since the right to keep and bear arms in sensitive places such as those enumerated in HB 859 is not guaranteed by the Second Amendment nor the Georgia Constitution, the inquiry should then focus on whether or not those places deserve to continue to be shielded from weapons as they are and have been for generations in our state.

Perhaps the most enlightening evidence of the historical significance of prohibiting weapons on a college campus is found in the minutes of October 4, 1824, Board of Visitors of the newly created University of Virginia. Present for that meeting were Thomas Jefferson and James Madison, along with four other members. In that meeting of the Board of Visitors, detailed rules were set forth for the operation of the University which would open several months later. Under the rules relating to the conduct of students, it provided that “No student shall, within the precincts of the University, introduce, keep or use any spirituous or venomous liquors, keep or use weapons or arms of any kind…â€

The approval of these specific prohibitions relating to “campus carry†by the principal author of the Declaration of Independence, and the principal author of the United States Constitution should not only dispel any vestige of Constitutional privilege but should illustrate that having college campuses free of weapons has great historical precedent.

That college campuses should be a “gun free zone†is a concept that has deep roots in Georgia as well. In the 2014 session of the Georgia General Assembly, HB 60 was passed and I signed it into law. That bill greatly expanded the areas where licensed gun owners could take their weapons. At that time, campus carry was considered but not adopted.

While there have been alarming incidents of criminal conduct on college campuses in which students have been victimized during the past two years, do those acts justify such a radical departure from the classification of colleges as “sensitive areas†where weapons are not allowed? The presumed justification is the need for students to provide their own self-protection against such criminal conduct. However, since students who are under 21 years of age would be ineligible to avail themselves of such protection under the terms of HB 859, it is safe to assume that a significant portion of the student body would be unarmed.

As for the buildings and places referred to in this legislation, I will simply call “colleges.†In order to carry a weapon onto a college, there is no requirement that the armed individual actually be a student, only that they possess a license to carry a weapon. Since most, if not all, of our colleges are open campuses, this bill will allow any licensed gun owner to bring a concealed weapon onto the campus and neither police nor other law enforcement personnel will be allowed to even ask the individual to produce evidence of his license.

If the intent of HB 859 is to increase safety of students on college campuses, it is highly questionable that such would be the result. However, I understand the concerns of the authors of this legislation and the parents and students who want it to become law. They apparently believe that the colleges are not providing adequate security on their campuses and that civilian police are not doing so on the sidewalks, streets and parking lots students use as they go to and come from classes.

I have today issued an Executive Order directed to the Commissioner of the Technical College System of Georgia and the Chancellor of the University System of Georgia, requesting that they submit a report to me, the Lieutenant Governor and the Speaker of the House by August 1, 2016, as to the security measures that each college within their respective systems has in place. I hereby call on the leaders of the municipalities and counties in which these colleges are located, along with their law enforcement agencies to review and improve, if necessary, their security measures in areas surrounding these colleges. Since each of these municipalities and counties receive significant revenue by virtue of the location of these colleges in their jurisdictions, I believe it is appropriate that they be afforded extra protections.

Since much of the motivation for HB 859 is the commission of crimes involving the use of firearms on college campuses, I suggest to the General Assembly that it consider making the unauthorized possession and/or use of a firearm on a college campus an act that carries an increased penalty or an enhanced sentence for the underlying crime.

From the early days of our nation and state, colleges have been treated as sanctuaries of learning where firearms have not been allowed. To depart from such time-honored protections should require overwhelming justification. I do not find that such justification exists. Therefore, I VETO HB 859.
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Deal’s Speech on Signing HB 60

What a great day to be in North Georgia. What a great day to reaffirm our liberties.

We as Georgians believe in the right of people to defend themselves and therefore, we believe in the Second Amendment. Throughout my career as a legislator, I have voted for and as Governor I have signed legislation that protects the rights to keep and bear arms. It is a right that is ingrained into the very fabric of our nation. Yet the inheritance of a right does not preclude the need for vigilance by succeeding generations.

Thomas Jefferson told the world in the Declaration of Independence, that we are endowed by our creator by certain inalienable rights and he believed in the right to bear arms. He said, and I quote, “The strongest reason for the people to retain the right to keep and bear arms as a last resort is to protect themselves from a tyranny in government.†But Jefferson also said this; each generation of Americans must make its own way saying that, and I quote, “One generation has no more right to bind another to its laws and judgments than one independent nation has the right to command another.â€

So today, our generation reiterates the desire for this fundamental right for our own reasons. While we still guard against tyranny, America today still cherishes this right so that people that follow the rules can protect themselves and their families from those who don’t follow the rules.

The General Assembly during this past legislative session passed this piece of bi-partisan legislation by large margins that extends the protection for Georgians who have gone through a background check to legally obtain a Georgia Weapons Carry License. HB60 will protect law-abiding citizens by expanding the number of places they can carry their guns without penalty. At the same time, this bill respects the rights of private property owners who still sets the rules for their land and their buildings.

The various parts of House Bill 60 do much to expand the rights of gun owners who are licensed to carry. But it also expands the rights of those who serve our nation in uniform. One exemplary part of this bill, for instance, gives our military men and women 18 and older permission to carry….to obtain a license carry. You know, if they are old enough to hold a gun in defense of our liberty, they are old enough to hold a gun and they shouldn’t have to wait until they are 21.

I want to thank Speaker Ralston, Representative Jasperse, John Meadows and the others who have supported this legislation and have shepparded it through this session of the General Assembly and who worked to pass it on a bi-partisan basis.

The Second Amendment should never be an afterthought. It should reside at the forefront of our minds as we craft, pass and sign laws. Our state has some of the best protections for gun owners in the United States, and today, we strengthen those rights guaranteed by our country’s most revered founding document.

My position on this bill should not come as much of a surprise. I think my track record speaks for itself. The NRA gave me an A rating for more than my 17 years as a member of congress, and even endorsed me when I ran for this present office of governor.

Now as governor, I have signed every Second Amendment piece of gun legislation that has been placed on my desk. And, today, I will put into law a gun bill that heralds self-defense, personal liberties and public safety.

Now we are going to take questions…..
Thx to someone else for transcribing the speech.
Thanks for posting. Interesting to see the side by side BS.

Reminded me of this tee shirt. Posting the link, not the image, due to some potty words.
That's a good image.

It's only missing:

"Veiled Threats"
"ABC - Always Be Campaigning",
and "Human Sacrifice of the Sheeple"

I have today issued an Executive Order directed to the Commissioner of the Technical College System of Georgia and the Chancellor of the University System of Georgia, requesting that they submit a report to me, the Lieutenant Governor and the Speaker of the House by August 1, 2016, as to the security measures that each college within their respective systems has in place.
Did we ever see the report?
I can state FOR A FACT that I have seen WITH MY OWN EYES (how else would I see?) The Lanier Technical College security system - S.O.E.D. Stickers On Every Door. I feel so safe.
Open Records Act Request?

And if the reports don't exist, remind the media what he said and see if they will run with the story.

Did we ever see the report?
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