SB26 – Firearms; prohibit any additional limitations on carrying firearms during states of emergency

 

• Introduced by David Shafer, R-48th
• Sponsored by (1) Shafer, David 48th2) Sims, Freddie Powell 12th(3) Seabaugh, Mitch 28th (4) Albers, John 56th(5) Ginn, Frank 47th(6) Goggans, Greg 7th
• Current Status: Government Oversight Committee – Passed Favorably 02/15/11 – Awaiting House Rules Committee – No hearing scheduled

SB26 – Summary:

• Makes it illegal for anyone in any official capacity during a declared emergency to:
• Temporarily or permanently seize, or authorize seizure of, any firearm the possession of which is not prohibited under Article 4 of Chapter 11 of this title, other than as evidence in a criminal investigation;
• Require registration of any firearm for which registration is not required by Article 4 of Chapter 11 of this title;
• Prohibit possession of any firearm, or promulgate any rule, regulation, or order prohibiting possession of any firearm, in any place or by any person where such possession is not otherwise prohibited by Article 4 of Chapter 11 of this title; or
• Prohibit the carrying of firearms by any person otherwise authorized to carry firearms under Article 4 of Chapter 11 of this title, solely because such person is operating underthe direction, control, or supervision of an agency of the state or political subdivision thereof during a declared official state of emergency.
• Allows anyone who is subject to any of the above actions to bring suit and, if the suit is found in favor of the person bringing the action, for the attorney fees to be paid by the municipality which violated the law.

 

GeorgiaCarry.Org opinion:

• GeorgiaCarry.Org supports this bill but would like to see additional language added.

SB98 – Firearms; provide exemption for persons possessing valid weapons carry licenses; exceptions

• Introduced by Barry Loudermilk, R-52
• Sponsored by (1) Gooch, Steve 51st (2) Heath, Bill 31st (3) Seabaugh, Mitch 28th(4) Mullis, Jeff 53rd(5) Hill, Judson 32nd
• Current Status: 02/15/11 – Senate Hopper – 02/16/11 – Senate Passed 03/14/11 – Assigned to House Public Safety and Homeland Security Committee – No hearing scheduled

SB98 – Summary:

• Code Sections 16-11-126 through 16-11-127.2 would no longer apply to or affect persons  holding valid weapons carry licenses issued pursuant to Code Section 16-11-129; provided, however, that, except as may otherwise be authorized by law, such persons shall not be authorized to carry firearms in:
• courthouses;
• prisons, jails, and detention centers;
• school safety zones as such term is defined in paragraph (1) of subsection (a) of Code Section 16-11-127.1;
• on the premises of a nuclear power facility.

GeorgiaCarry.Org opinion:

• GeorgiaCarry.Org strongly supports this bill but would like to see school safety zones removed.

SB 102 – Firearms; carrying/possession; definitions; penalties; issuance/qualifications for firearms licenses; provisions

• Introduced by Jeff Mullis, R-53
• Sponsored by (1) Mullis, Jeff 53rd (2) Rogers, Chip 21st (3) Sims, Freddie Powel 12th, (4) Williams, Tommie 19th, (5) Shafer, David 48th, (6) Hill, Judson 32nd
• Current Status:  – Senate Passed 03/14/11 – Assigned to House Public Safety and Homeland Security Committee – No hearing scheduled

SB102 – Summary:

• Changes many current definitions within the code;
• Would allow church carry;
• Would place all elected officials throughout the state of GA in O.C.G.A.§ 16-11-130 – Exemptions from Code Sections 16-11-126 through 16-11-127.2 ;

GeorgiaCarry.Org opinion:

GeorgiaCarry.Org opposes many of the provisions and changes this bill, if passed, would make to the existing laws.  GCO strongly opposes any attempt to create a “special class” of citizens that are not required to follow GA’s gun laws.

 

SB 301 - Hunting; authorize the use of silencers on hunting firearms under certain circumstances

• Introduced by John Bulloch, R-11
• Sponsored by (1) Bulloch, John 11th (2) Tolleson, Ross 11th (3) Shafer, David 48th (4) Rogers, Chip 21st (5) Mullis, Jeff 53rd (6) Goggans, Greg 7th
• Current Status: 01/11/2012 – Senate Natural Resources and the Environment Committee – No hearing scheduled

SB301  – Summary:

• Allow the use of silencers and suppressors on hunting firearms.

GeorgiaCarry.Org opinion:

• GeorgiaCarry.Org strongly supports this bill.

SB 350 – Crimes and Offenses; disposition of firearms used in burglaries or armed robberies

• Introduced by Don Balfour, R- 9
• Sponsored by (1) Balfour, Don 9th (2) Sims, Freddie Powell 12th (3) Hamrick, Bill 30th (4) Hooks, George 14th
• Current Status: 01/26/2012 – Senate Judiciary Committee – No hearing scheduled

SB350  – Summary:

• Require firearms be returned to the owner when such firearm is no longer needed for evidentiary purposes, provided that the person who owned such firearm did not know or in the exercise of ordinary care would not have known that such firearm would be used by the perpetrator for an unlawful purpose and the person is authorized by state and federal law to receive and possess such firearm.
• Require the custodial agency of the firearm to dispose of the firearms that it receives by sale at public auction to persons licensed as firearms collectors, dealers, importers, or manufacturers under the provisions of U.S.C. Section 921, et seq., and Chapter 16 of Title 43 and who are authorized to receive such firearms under the terms of such license.
• Auctions required by this subsection may occur online on a rolling basis or at live events, but in no event shall occur less frequently than once every six months during any time in which the agency has an inventory of saleable firearms.

GeorgiaCarry.Org opinion:

• GeorgiaCarry.Org supports this bill provided valid GWL holders are allowed to participate in the auction.

HB5 – Freedom of Choice and Security Act; enact

• Sponsored by: Bobby Franklin, R-43
• Current Status: Judiciary Non-Civil – No meeting scheduled

HB5 – Summary

• Repeals all laws from 16-11-100 through 16-11-173. Removes all carry laws from the books, including the carry license and preemption law.

GeorgiaCarry.Org opinion:

• Without state preemption, locals can ban firearms. No license also means no reciprocity. Once again would be a felony to walk past a bus stop while carrying.
• GeorgiaCarry.Org does not support this bill.

HB6 – Emergency Defense of the Home Act

• Sponsored by: Bobby Franklin, R-43
• Current Status: Judiciary Non-Civil – No meeting scheduled

HB6 – Summary

• Removes the governor’s power to restrict carrying firearms during a declared state of emergency
  

GeorgiaCarry.Org opinion:

• GeorgiaCarry supports this bill, but believes SR26 is a much better bill.
  

 

HB54 – Weapons; place of worship; repeal prohibition

• Sponsored by: Bobby Franklin, R-43
• Current Status: House Judiciary Non-Civil – No meeting scheduled

HB54 – Summary

• Removes “Places of worship” from the list of unauthorized locations for weapons carry

GeorgiaCarry.Org opinion:

• GeorgiaCarry.Org supports this bill.

HB55 – Weapons; school and postsecondary facilities; repeal prohibition

• Sponsored by: Bobby Franklin, R-43
• Current Status: Judiciary Non-Civil – No meeting scheduled

HB55 – Summary

• Removes public and private colleges, vocational schools and other institutes of post secondary education from the school zone law

GeorgiaCarry.Org opinion:

• GeorgiaCarry.Org supports this bill.

 

HB679 – Georgia Constitutional Carry Act of 2012

• Introduced by Jason Spencer, R-180
• Sponsored by (1) Spencer, Jason 180th, (2) Byrd, Charlice 20th, (3) Cooke, Kevin 18th, (4) Braddock, Paulette 19th, (5) Jasperse, Rick 12th
• Current Status: 01/11/12 – Assigned to House Public Safety and Homeland Security Committee – No hearing scheduled

HB679 – Summary:

• Will remove requirement for a license to carry a firearm
• Will permit licenses to be issued voluntarily in order to have reciprocity with other states

GeorgiaCarry Opinion:

• GeorgiaCarry.Org’s Vice President, John Monroe sent the following email to Representative Jason Spencer outlining a couple of problems with the bill:

Dear Rep. Spencer,

          My name is John Monroe, and I’m the vice president of GeorgiaCarry.Org, Inc.  I am writing to provide some comments/suggestions for HB 679, which you recently pre-filed.

          As I understand it, the primary purpose of the bill is to remove the requirement for a law-abiding citizen to obtain a license prior to carrying a weapon or long gun.  GCO supports this concept, but I have two points I wish to raise regarding the wording of the bill:

1.        Most importantly, lines 83-86 criminalize certain behavior by law-abiding citizens that currently is not prohibited.  Specifically, a licenseholder currently may carry a concealed long gun with impunity.  Under HB 679, a “lawful weapons carrier,” including a licenseholder, may only carry a long gun openly.  GCO would not support creating this new crime.

2.       The second comment is aimed at the structure of the bill.  The primary goal is accomplished by creating a new definition called a “lawful weapons carrier” and then modifying each code section that otherwise prohibits carrying a weapon or long gun by making an exception for a “lawful weapons carrier.  The overall effect of each modified code section is to confine application of the existing prohibition only to people who are not lawful weapons carrier.  By process of elimination, people who are not lawful weapons carriers are people who are prohibited by law from possessing weapons.  I realize this would include more than just convicted felons, but for the sake of expediency in this discussion, I will refer to people who are not lawful weapons carriers as felons.

As a matter of criminal prosecution, in order to be successful in a prosecution of a felon for violating any of the modified prohibitions on carrying, the state would, of course, have to prove every element of the crime.  Under the wording of the bill, the state would have to prove that the person was a felon.  Virtually all of the modified prohibitions on carry are misdemeanors.

In summary, the bill carefully preserves a series of misdemeanor prohibitions on carry by felons, when those misdemeanors no longer apply to everyone else.  My comment, then, is that it seems unnecessary to preserve all these misdemeanors at all.   It is a felony under both state and federal law for a felon to possess a firearm.  I submit that keeping a series of misdemeanors against carrying just for felons is redundant, as the state (or federal government, or both) no doubt would charge the felon in possession with the more severe crime.

I suggest that it would make the code much cleaner just to repeal all the misdemeanor carry prohibitions altogether.

John

HB 735 – Weapons; training as a prerequisite for carry license; provide

• Introduced by Roger Bruce, D-64
• Sponsored by (1)Bruce, Roger 64th , (2) Mosby, Howard 90th, (3) Benfield, Stehanie 85th, (4) Frazier, Gloria 123rd
• Current Status: 01/13/12 – Assigned to House Judiciary Non-Civil Committee- No hearing scheduled

HB735 – Summary:

• Will require 4 hours of training for all GWCL issued or renewed after July 1, 2012

GeorgiaCarry Opinion:

• GeorgiaCarry.Org’s Strongly Opposes this legislation.  It is GeorgiaCarry.Org’s firmly held belief that training should not be required to exercise a constitutional right.  GeorgiaCarry.Org believes everyone who carries a firearm should be trained in the handling and use of the firearm but the training should be of the licensee’s choice and not state mandated.