We need to work on overriding the veto of Sb291

Discussion in 'GA Laws and Politics' started by Macktee, Oct 19, 2010.

  1. Macktee

    Macktee New Member

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    Rather than starting over, we need to kill the veto. SB291 was overwhelmingly approved by both houses and vetoed by Perdue.

    We really need to devote our energies to contacting our senators and representatives and getting this veto overridden. According to JRM, that's possible even with a new governor in office.

    Sooooooooo? What say you?

    In case you've forgotten, SB291 removes restrictions on airport carry and has a Katrina provision prohibiting the state from confiscating firearms during a time of emergency.

    Sounds like a good law to me.
     
  2. RecoveringYankee

    RecoveringYankee New Member

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    No can do. As was discussed earlier this year, the veto can not be carried over to the next term to be overridden because Perdue is leaving office. We have to start over again.
     

  3. I believe there's threads proving this to be false.
     
  4. Adam5

    Adam5 Atlanta Overwatch

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    It was proven to be false information that was given on the General Assy website.
     
  5. GAGunOwner

    GAGunOwner Active Member

    Has GCO decided what it is going to do concerning this issue?

    GCO put out official info. that it couldn't be overidden. Then the GCO high command came out and unofficially (as far as I know) said that this was incorrect info. and that it actually could be overridden.

    So what is it GCO? Are we/can we attempt to override Perdue's veto or are "we" just going to take the defeat on this bill and start from scratch with another, similar, piece of legislation with the new governor?
     
  6. Adam5

    Adam5 Atlanta Overwatch

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    We probably won't know if there is a legislator that will call for an override until well after the election. Many GA legislators are concentrating more on getting reelected than next year's legislative agenda. If one is considering it, they are likely to wait and see what the political make up of the legislature is after the election.
     
  7. seajay

    seajay NRA Certified Instructor

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    We just need one bill that removes all off limits places except lock ups and court rooms. Then all we would have to worry about is making the GWL optional. Rich Golick seems to be in line with this. I know Doug Stoner is not.
     
  8. cbp0229

    cbp0229 Member

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    I didn't see where anyone else posted this... if so, my apologies.


    From The Georgia Constitution (Paragraph XIII (D)

    I don't see anything there that says a veto over-ride can't be attempted because a new Governor will be taking office... unless it is in another section. I searched and couldn't find it.
     
  9. RecoveringYankee

    RecoveringYankee New Member

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    Where the h*** was I that week?

    OK, then, next question, is it better to override the veto and enact SB291, or give the likely next governor, Deal, a chance to sign a better bill?
     
  10. phantoms

    phantoms Senior Mumbler

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    It's the easiest way to get Airport Carry and Katrina Provisions. If you want a "new" bill, you have to start from scratch, it has to go through both houses with all their adjustments and then not be vetoed by the governor. On top of that, a judge has already basically stated that if language specifically permitting Airport carry is not in the law, he's ruled airport carry is off limits. SB291 specifically rules carry in unsecured parts of the airport would be legal. You wouldn't even have to worry about the definition of a government building and government entity/office/etc.

    All the veto override would take is a pass by both houses. No rewrites. No chance for it to be vetoed.
     
  11. rmodel65

    rmodel65 Yukon Cornelius

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    over ride the veto and then get a new bill to the governor...
     
  12. RecoveringYankee

    RecoveringYankee New Member

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    Had to go look SB291 up again. It has been a long summer.

    Airport carry would be nice, but is not the be-all and end-all for me. What else does 291 do?

    --- Requires the probate court to notify a GWL holder 90 days before the GWL expires. I know when my GWL expires, don't you?

    --- Speeds up the process of getting a license. It is already moving much better than before.

    --- Lengthens the term of ineligibility for those convicted of forcible felonies to 7 years. Mainly a sop to get those waivering on this bill to vote for it.

    --- Removes the distinction of a renewal license vs a first license. Big deal.

    --- Creates a distinctive GWL for former LEOs. Woo hoo!

    --- Ends the ability of the governor to seize or ban weapons in an emergency. This is the only part of 291 I am seriously charged up over.

    Now, what was originally in 291 and 308, but was dropped out in committee? This is what we should be going for.

    --- 308 and 291 both called for unlicensed open carry.

    --- 308 allowed college and church carry

    --- 308 required government facilities to provide secure storage for weapons.

    --- 308 allowed for the option of an enhanced license, which would be eligible for reciprocity with states, including South Carolina, which require training for a license.

    291 was a good bill, but not great. I think effort would be better placed in getting a really good bill through, using 291 as a starting point, rather than limiting our gains this session to the little 291 gives us.
     
  13. GAGunOwner

    GAGunOwner Active Member

    You mean forcible misdemeanors right?
     
  14. RecoveringYankee

    RecoveringYankee New Member

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    Yes. My bad. I read misdemeanor, then wrote felonies.
     
  15. seajay

    seajay NRA Certified Instructor

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    Just submit one bill that removes all off limits places except for lock ups (jails and mental institutions), secure areas of the airport and court rooms.

    O.C.G.A. § 16-11-127
    Carrying weapons in unauthorized locations; penalty


    (a) As used in this Code section, the term:

    [s:2e4ar4ql](1) "Bar" means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages, including, but not limited to, taverns, nightclubs, cocktail lounges, and cabarets.[/s:2e4ar4ql]
    (2) "Courthouse" means a building occupied by judicial courts and containing rooms in which judicial proceedings are held.

    [s:2e4ar4ql](3) "Government building" means:

    (A) The building in which a government entity is housed;

    (B) The building where a government entity meets in its official capacity; provided, however, that if such building is not a publicly owned building, such building shall be considered a government building for the purposes of this Code section only during the time such government entity is meeting at such building; or

    (C) The portion of any building that is not a publicly owned building that is occupied by a government entity.

    (4) "Government entity" means an office, agency, authority, department, commission, board, body, division, instrumentality, or institution of the state or any county, municipal corporation, consolidated government, or local board of education within this state.[/s:2e4ar4ql]
    (5) "Parking facility" means real property owned or leased by a government entity, courthouse, jail, prison, place of worship, or bar that has been designated by such government entity, courthouse, jail, prison, place of worship, or bar for the parking of motor vehicles at a government building or at such courthouse, jail, prison, place of worship, or bar.

    (b) A person shall be guilty of carrying a weapon or long gun in an unauthorized location and punished as for a misdemeanor when he or she carries a weapon or long gun while:

    [s:2e4ar4ql](1) In a government building;[/s:2e4ar4ql]
    (2) In a courthouse;

    (3) In a jail or prison;

    [s:2e4ar4ql](4) In a place of worship;[/s:2e4ar4ql]
    (5) In a state mental health facility as defined in Code Section 37-1-1 which admits individuals on an involuntary basis for treatment of mental illness, developmental disability, or addictive disease; provided, however, that carrying a weapon or long gun in such location in a manner in compliance with paragraph (3) of subsection (d) of this Code section shall not constitute a violation of this subsection;

    [s:2e4ar4ql](6) In a bar, unless the owner of the bar permits the carrying of weapons or long guns by license holders;[/s:2e4ar4ql]

    (7) On the premises of a nuclear power facility, except as provided in Code Section 16-11-127.2, and the punishment provisions of Code Section 16-11-127.2 shall supersede the punishment provisions of this Code section; or

    [s:2e4ar4ql](8) Within 150 feet of any polling place, except as provided in subsection (i) of Code Section 21-2-413.[/s:2e4ar4ql]
    (c) Except as provided in Code Section 16-11-127.1, a license holder or person recognized under subsection (e) of Code Section 16-11-126 shall be authorized to carry a weapon as provided in Code Section 16-11-135 and in every location in this state not listed in subsection (b) of this Code section; provided, however, that private property owners or persons in legal control of property through a lease, rental agreement, licensing agreement, contract, or any other agreement to control access to such property shall have the right to forbid possession of a weapon or long gun on their property, except as provided in Code Section 16-11-135. A violation of subsection (b) of this Code section shall not create or give rise to a civil action for damages.

    (d) Subsection (b) of this Code section shall not apply:

    (1) To the use of weapons or long guns as exhibits in a legal proceeding, provided such weapons or long guns are secured and handled as directed by the personnel providing courtroom security or the judge hearing the case;

    (2) To a license holder who approaches security or management personnel upon arrival at a location described in subsection (b) of this Code section and notifies such security or management personnel of the presence of the weapon or long gun and explicitly follows the security or management personnel's direction for removing, securing, storing, or temporarily surrendering such weapon or long gun; and

    (3) To a weapon or long gun possessed by a license holder which is under the possessor's control in a motor vehicle or is in a locked compartment of a motor vehicle or one which is in a locked container in or a locked firearms rack which is on a motor vehicle and such vehicle is parked in a parking facility.

    Section 2
    O.C.G.A. § 16-11-126
    Possession and carrying a concealed weapon; penalty for violating licensing requirement


    (a) Any person who is not prohibited by law from possessing a handgun or long gun may have or carry openly and in plain view on his or her person a weapon or long gun [s:2e4ar4ql]on his or her property or inside his or her home, motor vehicle, or place of business[/s:2e4ar4ql]without a valid weapons carry license anyplace not enumerated as off limits in code section 16-11-127.

    (b) Any person who is not prohibited by law from possessing a handgun or long gun may have or carry on his or her person a long gun without a valid weapons carry license,[s:2e4ar4ql]provided that if the long gun is loaded, it shall only be carried in an open and fully exposed manner[/s:2e4ar4ql].

    [s:2e4ar4ql](c) Any person who is not prohibited by law from possessing a handgun or long gun may have or carry any handgun provided that it is enclosed in a case and unloaded.[/s:2e4ar4ql]
    (d) Any person who is not prohibited by law from possessing a handgun or long gun who is eligible for a weapons carry license may transport a handgun or long gun in any private passenger motor vehicle; provided, however, that private property owners or persons in legal control of property through a lease, rental agreement, licensing agreement, contract, or any other agreement to control access to such property shall have the right to forbid possession of a weapon or long gun on their property, except as provided in Code Section 16-11-135.

    (e) Any person licensed to carry a handgun or weapon in any other state whose laws recognize and give effect to a license issued pursuant to this part shall be authorized to carry a weapon in this state, but only while the licensee is not a resident of this state; provided, however, that such licensee shall carry the weapon in compliance with the laws of this state.

    (f) Any person with a valid hunting or fishing license on his or her person, or any person not required by law to have a hunting or fishing license, who is engaged in legal hunting, fishing, or sport shooting when the person has the permission of the owner of the land on which the activities are being conducted may have or carry on his or her person a handgun or long gun without a valid weapons carry license while hunting, fishing, or engaging in sport shooting.

    (g) Notwithstanding Code Sections 12-3-10, 27-3-1.1, 27-3-6, and 16-12-122 through 16-12-127, any person with a valid weapons carry license may carry a weapon in all parks, historic sites, or recreational areas, as such term is defined in Code Section 12-3-10, including all publicly owned buildings located in such parks, historic sites, and recreational areas, in wildlife management areas, and on public transportation; provided, however, that a person shall not carry a handgun into a place where it is prohibited by federal law.

    (h) (1) No person shall carry a weapon without a valid weapons carry license unless he or she meets one of the exceptions to having such license as provided in subsections (a) through (g) of this Code section.

    (2) A person commits the offense of carrying a weapon without a license when he or she violates the provisions of paragraph (1) of this subsection.

    (i) Upon conviction of the offense of carrying a weapon without a valid weapons carry license, a person shall be punished as follows:

    (1) For the [s:2e4ar4ql]first[/s:2e4ar4ql] offense, he or she shall be guilty of a misdemeanor;[s:2e4ar4ql]and[/s:2e4ar4ql]

    [s:2e4ar4ql](2) For the second offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, and for any subsequent offense, he or she shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than two years and not more than five years.[/s:2e4ar4ql]
     
  16. BG_Atl

    BG_Atl Active Member

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    Need to get this one added as well....



     
  17. 45_Fan

    45_Fan Well-Known Member

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    Seajay, I like, but move to amend for [s:9r7vaub2]removing,[/s:9r7vaub2] in 16-11-127(d)(2)

    It'd be nice to check a firearm for the renewal...

    Didn't SB291 also provide for renewal by mail?
     
  18. seajay

    seajay NRA Certified Instructor

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    It would also be nice to have the finger prints done only once. The only time they would change is if something really bad happened to the fingers. But that would mean they would have to keep them in the system now they are supposed to destroy them.

    Yes but moved it to the state level instead of the local level. It was decided it caused more problems that it solved.

    I'm still working on the bill. It is just the beginning.
     
  19. rmodel65

    rmodel65 Yukon Cornelius

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    it would be nice to not do any finger prints....other states like PA require them....
     
  20. GAGunOwner

    GAGunOwner Active Member

    I think you mean don't require them.