HB 89 3/29/07 Removed from General Calendar and committed to Rules Committee in Senate.

HB 89 was removed from the General Calendar for only one purpose, and that is to amend it by adding SB 43.  While it might be desireable to see both bills pass, adding SB 43 to HB 89 significantly decreases the chances of HB 89 becoming law.  HB 89 was expected to pass with a comfortable margin once it made its way to the Senate floor.

Please let the Senators on the Rules Committee know that you would like them not to amend  HB 89.

HB 89 will prevent the arrest and prosecution of law abiding motorists who are eligible for a firearms license and choose to conceal or partially conceal their firearm while riding in an automobile.  HB 89 is now in the Senate Rules Committee, which determines what bills are allowed to go to the Senate Floor for a vote and when that vote will be. 

The Georgia Association of Chiefs of Police calls HB 89 a dangerous piece of legislation, which means that they think you are “dangerous.”  They are asking their members to contact their State Senators and urge them to oppose HB 89.  In other words, the Georgia Association of Chiefs of Police wants the power to arrest you for partially concealing a handgun in your vehicle while you are waiting for six months or more on the probate court to issue your firearms license.

Anti-liberty forces are still active in opposing this bill, so please politely urge your Senator to vote in favor of the bill.

Looking for something fun to do this spring?  GCO is organizing a “meet and greet” at the General Assembly in the near future to meet with Senators regarding passage of HB 89.

GCO has filed a motion for summary judgment in the second case filed in federal court over probate courts’ requirements for firearms license applicants to provide social security numbers.  This case, Puckett v. Powell, against the Henry County Probate Court, focuses on the continued refusal to provide warnings required by the federal Privacy Act whenever social security numbers are requested.  The defendant will have until April 20 to respond.  The text of the brief in support of the motion can be found at http://www.georgiacarry.com/puckett/Doc32-2Brief-in-support-of-MSJ.pdf

On Friday, March 23, the U.S. Court of Appeals for the 11th Circuit issued an opinion in Camp v. Cason, reversing the U.S. District Court for the Northern District of Georgia, and reinstating GCO member James Camp’s case against the Georgia Department of Public Safety and the Carroll County probate court.  In its opinion, the Court of Appeals cited several instances in which the District Court had erred by dismissing Camp’s case, saying Camp should be allowed to argue the merits of his case.

 The full opinion can be seen here:

http://www.georgiacarry.com/camp/EleventhCircuitOpinion.pdf

GCO member Stephen Richards was refused a temporary renewal license in Murray County when he requested it and offered the statutory $1.00 fee at the time when he applied for his renewal license.  Mr. Richards sent the following letter to the probate court:

The Honorable Dale Adams, Probate Judge, Murray County
115 Fort Street
Chatsworth, GA 30705

Dear Mr. Adams,

On February 8, 2007 I made application to renew my Georgia Firearms License. When I made application, I requested a Temporary License per the Official Code of Georgia Annotated (OCGA) 16-11-129 section (i). I was denied the Temporary License by the ladies in the office and by you during a telephone conversation later that day.

I have included a copy of OCGA 16-11-129 and a copy of House Bill 1032. House Bill 1032 amended sections (a) through (d) of OCGA 16-11-129. Section (i) of OCGA 16-11-129, Temporary renewal licenses remained unchanged.

OCGA 16-11-129 section (i) (1) Any person who holds a license under this Code section to carry a pistol or revolver may, at the time he applies for a renewal of the license, also apply for a temporary renewal license if less than 90 days remain before expiration of the license he then holds or if his previous license has expired within the last 30 days.

My license expired on January 24, 2007. I am writing to request a Temporary License per OCGA 16-11-129 section (i).

Sincerely,

Thanks to the efforts of Mr. Richards, the Murray County Probate Court now follows the law on this matter and issues temporary licenses to renewal applicants.  This is but one more demonstration of grassroots efforts at work!

The Katrina Bill, HB 6, is stalled in the House Rules Committee, which is the committee that calendars bills for debate and a vote on the House Floor.  HB 6 would abolish the Governor’s power to have firearms seized during a time of emergency and would permit lawsuits against law enforcement officers who illegally seize weapons and refuse to return them.  For those that do not remember what happened in New Orleans, please view this video.

Lousiana passed a Katrina Bill, as did the federal government.  Florida’s Katrina Bill passed both houses of its legislature unanimously, as not even one anti-gun legislator voted against it.  Georgia’s bill died in committee last year, and it will die in the Rules Committee this year unless people successfully urge that it be set for a hearing.

Rep. Ehrhart is the chairman of that committee, and his district is the area around Powder Springs (District 36).  This bill will die again this year if the Rules Committee does not set it for a vote by crossover day, March 27, 2007!  Please take the time to contact Chairman Ehrhart and politely urge him to set HB 6 for a vote on the floor of the house, by telephone, email, and in person.

This bill passed the Judiciary Non-Civil Committee easily, and GCO has been assured that the votes are there to pass it in the House if Rules will allow it to be heard.  So we need to request that the Rules Committee to allow it to be heard.

The Senate Judiciary Committee passed HB 89 today by a vote of 6 to 4 over some rather stiff opposition from groups that mostly demonstrated at the hearing that they had no real understanding of what HB 89 will do.  HB 89 nows goes to the Senate Rules Committee, where GCO expects it to be set for a floor vote.  When that happens, GCO expects that there are enough votes to pass it (although GCO will not rest on its laurels).  The board wishes to extend a special thanks to the GCO members who made the inconvenient trip to the Capitol on a weekday to show up and support this bill.  Thanks also to those who have been contacting their Senators and urging them to support HB 89.

HB 89 will prevent the arrest and prosecution of persons who are eligible for a firearms license and choose to conceal or partially conceal their firearm while riding in an automobile.

CAR CARRY BILL

HB 89 is being heard in the Senate Judiciary Committee Monday at 3:00 p.m.   WE NEED PEOPLE TO SHOW UP!

The meeting will be held in Room 307. We hope to see many of you there!

All GCO members are invited to speak, but please show up even if you will not be speaking.  Senators and Representatives are watching to see what sort of turnout GCO can make.  Let’s show them!  This will influence how seriously they take our input in the future.  The author of HB 89 specifically asked for GCO’s assistance at this hearing. 

Show up to encourage those who will be speaking!

A note to those who find the time inconvenient:  ALL bills are heard during the week during business hours with at most one or two days notice.  This will be GCO’s last opportunity to support HB 89 in person, so if you were thinking about attending a hearing meeting, this one would be an important one to attend!  We need to show our strength to the Georgia Senate.  Whether you intend to speak or not, we hope to see you at 3:00 on Monday!

The rest of the entry has driving directions and a link to a map of the public parking places in that area.

Northbound on I-75/85:
• Exit at Central Avenue/Fulton St.
• Take a right at first light
• Take a left at next light, onto Capitol Avenue
• Take a left onto MLK, Jr. Drive
• Take first left onto Washington Street, looping Capitol Square
• The 244 Washington Building is on your left

The AJC published GCO member Michael Ladanyi’s letter on Saturday.

Don’t chip away at Second Amendment

Concerning Senate Bill 43 (keeping a lawful firearm in his or her locked vehicle while parked in an employee parking lot or garage that is open to the public), it greatly disappoints me to see fear being used to sway public opinion against the rights of legal Georgia gun owners.

One need not worry about law-abiding citizens carrying a gun in their vehicles; they legally exercise their right to carry a firearm. Instead, should not we worry about the person who waits in the parking lot at the opening or closing time of a business, ready to steal one’s property, injure or perhaps take the life of, someone that is trying to exit or enter their vehicle?

Part of everyone’s responsibility is to protect themselves. We must stop chipping away at our Second Amendment rights. Please, read Senate Bill 43, then make an informed opinion based on fact.

MICHAEL LADANYI, Clermont

Michael Paul Ladanyi is a three-time Pushcart Prize Nominee; twice in 2004 and once in 2006. His work has appeared worldwide online and in print. He is the author of nine poetry chapbooks and one full length poetry collection. His latest book is titled Two Strophes for a Stain Bleeds Her Lover, Oct. 2006, Little Poem Press.  Michael has served a poetry magazine editor several times and has seen his work appear in numerous anthologies.  His Website: http://www.geocities.com/michael_paul_ladanyi/  and His Blog: http://thebohemianpoet.blogspot.com/

A GCO member lost his GFL and asked Fulton County to replace the lost license, as provided by state statute.  The Fulton County Probate Court denied the request, stating that it did not issue replacement licenses.  GCO attorneys wrote the court a letter, threatening a mandamus action against the judge if a replacement was not issued.  The court replied with a lengthy explanation of why replacements are not provided (citing a conflict with federal law, and saying the court did not want to jeopardize the GFL’s status as an alternative to the NICS check when purchasing a firearm).

View the letters here: http://www.georgiacarry.com/county/fulton_probate

 In subsequent negotiations with the court, the court agreed to issue the member a replacement GFL and also to begin issuing temporaries for people applying for renewal GFLs.