imported post
Unfortuantely, neither of the two Bills that made 'Crossover Day' allow Open Carry of a Pistol without a License.
Senate Bills 291 and 308 made 'Crossover Day',however; every other Pro-Gun Bill has died.
'Crossover Day' refers to the Day in which a Bill has to pass to the other Legislative Body in order to be considered to become Law and have a chance to go to The Governor.
Senate Bill 291 does nothing to Carry Statutes, but it does adjust, by making it easier actually, to obtain a Georgia Firearms License. It does this by removing some of the current restrictions on the Licensing decision by The Probate Court Judge, and repeals some statatory prohibitors such as offenses under Firearm carrying restrictions 16-11-126 through 16-11-128, and also allows issuance to Misdemeanant Drug Offenders after 5 years of supervision completion.
This Bill also adds a new Law to The Official Code of Georgia Annotated. The new Code is 16-11-136, which similiar to 16-11-135, protects Georgians Firearm Rights by making a 'Katrina Bill' which protects a Firearm owner from Government sanctioned seizure or confiscation of Firearms, regardless, if there is a State of Emergency or not.
'Katrina Bills' have now been passed widely throughout the Country as a result to past Firearm seizures in New Orleans, Louisiana after Hurricane Katrina.
Senate Bill 308 does not allow Open Carry of a Weapon without a Weapons Carry License, hence, the current Georgia Firearms License would be renamed. Weapon, per this Bill, is only defined as:
1. Any Handgun, or
2. Any Knife, with a blade greater than 5 inches in length.
All other things that Persons would normally think of as Weapons are not included, unless one is in a School Safety Zone. The reason the License is being renamed is to fix a flaw under current Gerogia Law that does not allow Concealed Carry of Weapons, even by License holders. Under the new Law, should it become Law, this Bill would allow, say..., Concealed Carry of a Knife, as defined above, something which is currently forbidden now, and in fact, under current Law, is a Crime, per Georiga Code 16-11-126, is no longer Illegal. All other Firearms (i.e. Long-Guns) and all other Weapons (i.e. Asps, Clubs, Sticks, Metal Knuckles, etc.) would be allowed both Openly or Concealed with no need for a Permit for the same, unless you are a Felon, in which Case Georgia Code 16-11-131 still applies, but only prevents you from having Pistols and Long-Guns, but not any other type of Weapon. Obstensibly though, Convicted Felons can not be Licensed under 16-11-129 at any rate.
Furthermore, the Bill removes the Public Gatherings, to an extent, by replacing Public Gatherings, to an extent. Under the new text Carrying a Weapon, as defined above, would be Legal at:
1. Athletic and Sporting Events,
2. Political Events, and
3. Churches, depending on whether The Churchallows Weapons.
However, the Bill adds:
1. Bars, unless the Owner allows Weapons by those with Georgia Carry Licenses
*** Bars, under current Law are Illegal, if said Bar derives more than 50% of their Income from the sell of Alcohol. However, under this new Bill, Bar is defined as: [being a/n] Tavern, Lounge, Nightclub, or Cavaret. Bars in Restaurants that sell Alcohol, which means you could Drink Alcohol and Carry there, would then presumably become Legal. Since 16-11-127(f) would no longer exsist as Law as we know it, then, Drinking Alcohol, while Armed with a Weapon, over a Meal, would not be Illegal, so as long as you are not in a bona-fined Nightclub or Bar proper. However, Drinking Alcohol while Armed, especially in Public, would not be wise and I personally discourage such a practice. Hereagain, Bona-fined Bar Ownerswould be able to decide for themselves if they wish to allow Weapons inside or not.***
2. State Mental Health Hospitals, and
***This is a new 'off-limits' place, but regular Hospitals would be fine, less Private Property Rights under Georgia Code 16-7-21.
3. Board of Regents Athletic Events
*** Notice: Only these Athletic Events would become Illegal. So called 'School-Zone' exceptions never cease to amaze me, and they rarely fail. Therefore, Carrying your Glock 17 on your Hip to your Childs Little League Dizzy Dean Baseball Game in your Local Park would be perfectly Legal, but going to UGA to watch your grown Son play Football would have to be done without your Glock.***
as new 'off-limits' places, otherwise known as Unauthorized Locations.
State Parks,State Wildlife Management Areas, Historic Areas, Public Transportation, and Recreational Areas would still be Legal, whereby Senate Bill 308 incorporates the protections of House Bill 89, some two years prior, for those who have the renamed Georgia Weapons Carry License.
College Carry, less Board of Regent sponsered Athletic Events, would be Legal. Makes no sense to me, but:
1. Glock 17 in Classroom College Math 101 at University of Georgia, Legal, but
2. Same Glock 17 'between the Hedges', Illegal, and a Misdemeanor.
One other note, 1000 foot School Safety Zone Rule would be repealed for Adult Schools of all kinds, but remains intact for Public/Private/Parachical Schools K-12. For Example:
1. Same Glock 17 on your Hip on a nice Summer Day in your Local Park with a Local Community College, within a 1000 feet, close by: perfectly Legal, but
2. You then walk two blocks to Fred's Local Ice Cream Store, which happens to be, consequently, just a few feet within that 1000 foot 'Buffer Zone' to a Local Elementary School, a Misdemeanor.
Board of Regents would be granted a new power under the proposed Law. In addition to Georgia Code 20-3-31, The General Assembly would add 20-3-31(5) which allows the Board of Regents to make rules, but not Laws, for Weapons (any Weapon) on Board of Regents property.Under this Law, these rules can not apply to the protections of Gerogia Code 16-11-135, concerning Vehicle Carry. 16-11-135 trumps 20-3-31(5) in this, but not any other, aspect. It is very important ot notice that they [The Board of Regents] may only make rules, not Laws. Violation of these Rules would only result in removal from the Property, but would not carrythe Penalty of Law, unless you Violate Georgia's Criminal Tresspassing Statute 16-7-21,namely, 16-7-21(b)(1) through 16-7-21(b)(3). This is just like any other situation where a Private Business may ask a Customer to leave.
Hartsfield-Jackson International Airport would be forced, under 16-11-127(d)(4), the new proposed Senate Bill 308 guidelines, to allow Firearms and Weapons on the Property where not controlled by applicable Federal Statute.This is in response to Federal Court Order to clarify what the General Assembly meant by the Public Transportation, but also to tameThe Airport into compliance with State Law.
Consequently, both The Georgia Board of Regents and TheHartsfield-Jackson Airport Authoritywould be the newest subjects of State-wide Comprehensive Firearm Regulation, under Georgia Law 16-11-173.
The Licensing requirements set forth in Senate Bill 308 are somewhat the same as Senate Bill 291, at least, in most regards. In 308, The Probate Court Judge would lookforsubsequent and repeatedCriminalActivities undercertain headings, as opposed to General Histories in broad, less Felonies. For example, Misdemeanor Marijuana would not bar you, but, a subsequent Misdemeanor Marijuana would for 5 years. Again, a Public Gatherings Conviction would not bar you, but a subsequentPublic Gatherings Conviciton would for 5 years. However, Felonies and Serious Drug Charges would Bar youindefinately. Thisis also a substansial change from current Law ascurrentLawgives Probate Judges the ability to bar you for solely one bad decision in your past. The new change proposes that this be repealed, and instead,The Probate Court Judge would have to find repeatedMisdemeanant Acts,that show a disregard for the Law. This means if you made one or two bad choices when you were younger, but have since moved on, The Probate Court could very well License you. However, if you get your fifth, sixth, seventh, etc. Misdemeanor Marijuana, and are just not getting the point, then, The Probate Court Judge could Bar you from Licensure.
One more thing, in 308, 16-11-136 is re-written to make not having a Weapons Carry License an element of the new Crimes of 16-11-126 revised, 16-11-127 revised, among others that can be used against aMan in Court for not having a License.So do yourself a favor, should this proposal bepassed into Law, and get a Georgia Firearm..., I mean..., Georgia Weapons Carry License!