HB859 was read and assigned to the Senate Judiciary Committee. The bill will probably be heard week of 2/29/16. Please keep watch for further information on how you can help pass HB859 out of the committee.
GeorgiaCarry.Org is Georgia's No-compromise
Voice For Gun Owners.
The Second Amendment to the Bill of Rights doesn't just apply in certain locations or to special people favored by the government. The right of the people to keep and bear arms applies everywhere and to all of us without qualification. "Shall not be infringed" means SHALL NOT BE INFRINGED.
Prior to July 1, 2008, the State of Georgia had many restrictions on where and how a law abiding citizen could carry a firearm. Coupled with a law so vaguely and poorly written that determining where one could legally carry was extremely difficult, many citizens never bothered to obtain a Georgia Firearm License to exercise their rights.
GeorgiaCarry.Org was incorporated on February 9, 2007 and from the beginning, we have fought against the powerful interests who seek to burden the exercise of our second amendment rights. Our first action was to sue Georgia's Probate Judges to force them to follow the law. We sued them to force them to issue license within a certain time frame as opposed to issuing them when they so desired. We also took them to court to remove their requirement of applicants to supply their Social Security numbers and employment information in order to obtain a license. Next, we took on Cities and Counties to force them to repeal their local gun bans, in violation of Georgia's Preemption Law (OCGA 16-11-173).
Working with Georgia State Senator John Douglas (R17) and State Rep. Tim Bearden (R68) in 2008, we began the process of expanding the number of places Firearms Licensees can carry, including restaurants that serve alcohol, public transit and parks. GCO filed an Amicus Brief in the Heller v. DC court case documenting the racist origins and intent of gun control.
In 2009, working with Senator Mitch Seabaugh, we took yet another step in restoring our 2A rights. In 2010, SB308, Senator Seabaugh's "Common Sense" gun bill was passed in the General Assembly and signed into law on June 6, 2010 by Governor Sonny Perdue. The signing of SB308 repealed Georgia's 140 year old Public Gathering statute, expanded the number of places a license holder could carry and expanded the number of people qualified to get a license by removing the life time prohibitions for misdemeanor marijuana possession convictions.
Much more needs to be done and GeorgiaCarry.Org will not stop until our nation's forefather's promise of "shall not be infringed" is achieved. If you share our belief that the Second Amendment doesn't have an asterisk, then join us in the fight for our Liberty.
On February 19, 2016, HB859 was assigned to the House Floor Calendar for a Monday February 22, vote.
We need all members and their friends to contact their State Representatives this weekend and ask them to vote for HB859. As always, please be respectful in all your correspondence with our elected officials.
If you are unsure of your elected officials, click here and input your address. Your state Representative and Senator information will appear.
If HB859 passes the House, it will then be sent to the Senate to begin the process again. The bill will be read to the Senate, assigned to a Committee, heard in that committee and if agreed to, will go to the Senate Rules Committee and hopefully be assigned to the Senate Calendar for a floor vote in the Senate. We will notify you which committee it is assigned to and ask that you contact that committee’s members. We have no timeframe as to when the bill will be assigned to a committee at this time.
This morning, our other bill was dropped into the House Hopper. It is HB1060, which is outlined in our Current Bills section and can be read in its entirety at the link above.
We need tocontact both our Representatives and Senators. Our Representatives now on HB859 and HB1060 and hopefully our Senators after Monday’s vote on the House Floor of HB859.
GeorgiaCarry.Org has asked the City of Haralson, Georgia, to remove its “No Guns” signs after a city official informed a GeorgiaCarry.Org member that she would be arrested if she continued carrying a gun in the City of Haralson Park. The reason given was the presence of “children in the park.”
GeorgiaCarry.Org’s letter can be viewed here.
In response to the letter, the City Attorney has advised the City of Haralson that nobody should be arrested in response to the signage in the park. He is also looking into removal of the signs. We will provide you an update when it is available.
The U.S. Army Corps of Engineers has filed a motion for an order “protecting” it from discovery obligations in GCO’s case against the Corps for banning loaded guns on Corps property. If granted, the order would prohibit GCO from using interrogatories or taking depositions of Corps employees. The Corps’ brief, and GCO’s response, can be found here.
The Supreme Court of Georgia has transferred GCO’s challenge of the ban of firearms at the Wings Over North Georgia airshow to the Court of Appeals. The order doing so may be viewed here.
GCO has filed its opening brief in its appeal of its case against Floyd County, challenging the firearms ban at the Wings Over North Georgia airshow. The brief may be read here.
GCO has filed a brief as an “amicus curiae” (friend of the court) in the 9th Circuit case of Nesbitt v. U.S. Army Corps of Engineers. In the case, the U.S. District Court in Idaho ruled that the Corps’ ban on carrying loaded firearms on Corps property violates the Second Amendment, and the Corps appealed. Briefs in the case may be found here.
In the face of GCO’s pending motion for an interlocutory injunction, the City of Roswell has agreed to stop searching visitors to the police department. The metal detector has been removed from the lobby. In addition, Roswell has agreed to reimburse GCO for its costs of bringing a lawsuit to force this resolution, and to pay for GCO’s attorney’s fees.
The U.S. Court of Appeals for the 11th Circuit has affirmed the denial of a preliminary injunction in GCO’s case against the U.S. Army Corps of Engineers. The opinion may be read here.
HB492 was signed into law on May 6, 2015. HB492 will become law on July 1, 2015.
HB492 is the result of the Courts, Judges, AGGC and GCO getting together and agreeing on changes that needed to be done after the passage of HB60 last session. Here are the changes:
1) Clarifies that government buildings are off limits only to those who do not hold a valid GWL
2) Clarifies that carrying within 150′ of a polling place is off limits ONLY when an election is taking place.
3) Clarifies that the Probate Judge cannot require a fingerprint background check when the holder has a valid GWL, regardless of the county the GWL was issued. (The Judges were requiring a background check for any license that was not originally issued in their county. This practice will stop upon this bill being signed and the effective date reached.)
4) Allows for school systems to decide punishment for any weapon carried to school by a student with the exception of firearms, dangerous weapons or machine guns or unless weapons defined as such in 16-11-127.1 are used in an assault.
5) Sets the date a GWL can be renewed to 90 days before and 30 days after expiration. The license can be renewed anytime during that 4 months.
6) Defined “Armed Forces” for the purpose of 16-11-129.
7) Sets the procedure for a State or Superior Court to notify the Probate Court when a GWL holder is convicted of any crime that would disqualify the holder from holding a license.
8) Requires the Probate Court to notify GCIC immediately or no later than ten days of any license holder who is involuntarily committed to a mental institution.
9) Clarifies the procedure for the State or Superior Courts to determine the validity of a GWL.
10) Added “political subdivision and school district” to the list of those who cannot institute gun control laws.
11) Changed the definition of weapon in 16-11-173 from the same meaning in 16-11-127.1 to “means any device designed or intended to be used, or capable of being used, for offense or defense, including but not limited to firearms, bladed devices, clubs, electric stun devices, and defense sprays.”
As you can see, there are several good items in this bill. Please take time to contact Governor Deal and the bill’s sponsors and thank them for eliminating these ambiguities in the law.