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Thread: Senate Bills 291 and 308 Advance

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    In a major twist of fate, Senate Bill 308 passed The House Committee 9-5 yesterday morning.

    The newly-revamped Bill disallows College Carry, unlike its predecesor, however; the 1000 foot buffer Zones that are around every School in Georgia, that is right, EVERY School in Georgia are repealed.

    No more accidentally getting too close to any School. Remember, School Carry is still Illegal, and even if you have a License it is a Misdemeanor. The good news is though, as long as you are not physically on the property, you can not be Arrested on any Firearm-related Charge.





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    Oh hell yeah!!!!

    Great news. I was still debating getting a GFL (GWL?). Too many school zone...I could not walk across the street to get the mail at my own house armed.

    With this though, I will be applying as soon as it passes the house (the Gov has to allow it to become law.)

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    King Fish,

    The Bills go way father then that, but not as far as I would have like to seen.

    At any rate, a few other changes are:

    1. Misdeamenor Violations of The Georgia Controlled Substanance Act are no longer Lifetime Prohibitors, as they currently are, which aplies to both Senate Bills 291 and 308,

    2. Senate Bills 291 and308 would allow Concealed Carry of Pistols and Knifes, for those with Georgia Weapons Carry Licenses, for the first time (under current Law it is Illegal to do either Act, 16-11-126 and 16-11-128),

    3. Senate Bill 308 would allow those with current Violations of 16-11-126, 16-11-127, and 16-11-128 to get their Georgia Firearms..., I mean..., Georgia Weapons Carry License renewed before the expiration of the 3 year Prohibitor Period,

    4. No more Athletic and Sporting Events and Political Events/Rallies Prohibitors, both of which would be repealed, and

    5. One could even Drink Alcohol while Armed, as 16-11-127(f) would be repealed as well, however: ***I do not advise Drinking Alcohol while Armed with a Firearm in Public, and a Prosecutor might try to make a Disorderly or Reckless Conduct Charge (16-11-39/16-5-60)out of it, but it may or may not be succesful under 16-11-173., and

    6. Repeals 16-11-128, but it does no good under the revamped 16-11-126, and

    7. Senate Bill 291 makes a new Code Seciton, 16-11-136, which is a Katrina Modification attached to it that disallows any Preempted Firearms Regulation under 16-11-173 becuase of the antiqueted 'State of Emergency' excuse. It also allows for Civil Litigation for demand of the return of that Firearm, as a result of any such unlawful seizure, and allows the prevaling party to claim reasonable Fees wherefore. Essentially, this strenghens further 16-11-173, and it also meshes well with 16-11-135.

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    kingfish wrote:
    Oh hell yeah!!!!

    Great news.* I was still debating getting a GFL (GWL?).* Too many school zone...I could not walk across the street to get the mail at my own house armed.

    With this though, I will be applying as soon as it passes the house (the Gov has to allow it to become law.)
    Is getting the mail considered 'lawful business'?
    That's one of the exceptions the the current school zone.

    ...shall not prohibit any person who resides or works in a business or is in the ordinary course transacting lawful business or any person who is a visitor of such resident located within a school safety zone from carrying, possessing, or having under such person's control a weapon within a school safety zone.

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    groats wrote:
    kingfish wrote:
    Oh hell yeah!!!!

    Great news. I was still debating getting a GFL (GWL?). Too many school zone...I could not walk across the street to get the mail at my own house armed.

    With this though, I will be applying as soon as it passes the house (the Gov has to allow it to become law.)
    Is getting the mail considered 'lawful business'?
    That's one of the exceptions the the current school zone.

    ...shall not prohibit any person who resides or works in a business or is in the ordinary course transacting lawful business or any person who is a visitor of such resident located within a school safety zone from carrying, possessing, or having under such person's control a weapon within a school safety zone.
    I guess if I were dropping the rent check in the mail then yeah, but otherwise no, I don't think so.

    I was really just making the point that there are WAY too many school/church/PG zones to be able to go much of anywhere armed in the state of Georgia much less in Metro Atlanta.



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    Churches will still be off-limits for Carry, period.

    Public Gathering Law 16-11-127, as per my last post, will be Repealed. The bad news is however, that Public Buildings will still be off limits for Carry though. The good news is that no other place currently listed, except Bars, will survive the Repeal. Bar Carry will be The Owners choice.

    The current Law prohibition of being found Armed within a School Safety Zone, i.e. 1000 foot buffer Zone, does make it all but impossible to Legally Carry a Weapon just about everywhere in Metro Atlanta. The Law relies on 16-11-127.1(d) to excuse this behavior. This is terribly written, and overly vague, and just really does not work unless you live/work within the 1000 School Safety Zone.

    Their new Law makes 16-11-127.1(d) a moot point, and so as long as you are not physically on School Property, you can not be Arrested for any Firearm-related charge. That is good.., er.., I mean GREAT NEWS, so now you can actually walk across the street to get your Mail and not worry about any School Zone Gun Law.

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    aadvark wrote:
    Churches will still be off-limits for Carry, period.
    Does not matter at all to me if church buildings are off limits. It is the parking lots and 200yard zone around the church that concerns me.

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    What 200 yard Zone are you talking about?

    ..., and under what Code Section are you referring to?

    There is no 200 yard Zone around Churches in Georgia, and there never has been.

    I have an idea of where you got that misinformation though, I think you are reffering to the 150 foot Zone around Election Precients on Election Day, right, per Gerogia Code 21-2-413(i)!?



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    aadvark wrote:
    What 200 yard Zone are you talking about?

    ..., and under what Code Section are you referring to?

    There is no 200 yard Zone around Churches in Georgia, and there never has been.

    I have an idea of where you got that misinformation though, I think you are reffering to the 150 foot Zone around Election Precients on Election Day, right, per Gerogia Code 21-2-413(i)!?
    It is in case law. I will see if I can find the case this evening but it had to do with an individual carrying within a "reasonable" distance of a church.

    Public GatheringsIn the interest of making the comparison more complete, it is imperative to point out that Georgia has a great many other restrictions California has never seen fit to adopt. For example, Georgia makes it a crime to bear arms to or while atanyplace that serves alcoholother than a restaurant, churches or church functions,sporting events, andundefined "public gatherings" generally, including the parking lots and even parking up to 200 yards away off of the premises.

    http://www.examiner.com/x-5619-Atlan...han-California


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    Found the cite...

    http://www.georgiapacking.org/caselaw/

    Farmer v. State 112 Ga.App. 4381965 Having a gun accessible in a car up to 200 yards away may violate the public gathering provision.

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    After reviewing The Case Law so cited in this Case the only thing I can say is yes, it may well do so, even if The Parking Lot is 200 feet away.

    I suspect that this Judge was acting under the guise that the Parking Lot, was in fact, a Church Parking Lot...,regardless of the'may'/'may not' issue.

    Even so, this is now, hopefully, a thing of the past. Although Churches would still be off-limits, Athletic and Sporting Events and Political Events/Rallies are no longer Unauthorized Locations for Firearm Carry in Georgia.

    Unfortunately, at The State Capital, when it cdomes to Firearm-related matters, you have to give something to take something back. ...Business as usual, I suppose.

    P.S.: I said Unauthorized Locations in the thrid paragraph because of my optimism that Senate Bill 308 will pass, as is, The full House Floor, and move on to The Governor. I do not want to refer to Public Gatherings anymore, if I can help it any.



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    The way I see it there is currently no legal way to carry a firearm in daily life in Metro Atlanta. Out in the country...maybe, but not anywhere I spend the majority of my time. Which is why I never applied for a GFL.

    I will be in line the day 308 hits Sonny's desk.

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    Why wait..., get in line now.

    I am curious... which County do you live in?

    Depending on your response, I may be able to help you figure out a way to Carry.

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    aadvark wrote:
    Why wait..., get in line now.

    I am curious... which County do you live in?

    Depending on your response, I may be able to help you figure out a way to Carry.
    Dekalb

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    aadvark wrote:
    Why wait...
    Because if it does not pass I am not out $60.

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    Yeah..., never mind..., I am sorry.

    In DeKalb County you would always be within a 1000 feet ofa School, I am sorry.

    You could always Carry in your Car, but that does not do much good when you are in some Store and can not get to your Gun in time.

    Hopefully, for your sake, and the sake of other Innocent People, The DeKalb Police Department can..., but do not put your bottom Dollar on it though.

    I do, however, know this much..., it is a sure fire bet that Common Criminals in that area do notcare about all of thoset School Safety Zones.



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    aadvark wrote:
    Yeah..., never mind..., I am sorry.

    In DeKalb County you would always be within a 1000 feet ofa School, I am sorry.

    You could always Carry in your Car, but that does not do much good when you are in some Store and can not get to your Gun in time.

    Hopefully, for your sake, and the sake of other Innocent People, The DeKalb Police Department can..., but do not put your bottom Dollar on it though.

    I do, however, know this much..., it is a sure fire bet that Common Criminals in that area do notcare about all of thoset School Safety Zones.

    Right, I know.

    Car carry:
    The thing is if say I am going out to eat in downtown Decatur (which we do on a regular basis) then I could not carry in the car at all even if I unloaded and secured before arrival. Anywhere I park in downtown Decatur is inside some kind of school/PG zone. I would be carrying TO a PG and that would be unlawful.


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    Downtown Decatur may be in a School Safety Zone, which, if it is, would not matter becuase the Law exempts this under Georgia Code 16-11-127.1(c)(8).

    However, if there is some kind of event taking place, then, the Law says your Guilty.

    Makes no sense to me, but:

    1. Car Carry in School Zone, where the Children are, Legal, however;

    2. Car Carry where The Public is Gathered, Illegal, and it does not matter why.

    Oh..., I almost forgot..., you 'could' approach The DeKalb Police to inform them of the presence of a Firearm, but in DeKalb County.., well you know.



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    308 just passed the house 118-48!!!!!!!!!!



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    291 and 308 are on their way to the Governor's desk!!!!
    I watched the live feed as the house and senate passed 308 a little after 11:00pm. An truly historic day in Georgia.

    Now I need to schedule a day to get my GFL (GWL?)

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    The Governor has already hinted that He will sign The Measures.

    Therefore, starting July 1, 2010, there will be no more '1000-foot School Safety Zones' or Public Gatherings.



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    aadvark wrote:
    The Governor has already hinted that He will sign The Measures.

    Therefore, starting July 1, 2010, there will be no more '1000-foot School Safety Zones' or Public Gatherings.

    Goes into effect the second he signs them...

    SB308:
    "This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval..."

    SB219:
    "This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval."

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