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Thread: anyone know anything abt HB 5?

  1. #1
    Campaign Veteran RabbiVJ's Avatar
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    anyone know anything abt HB 5?

    from what im reading, HB 5 wants to repeal article 4 from Title 16 section 11 which IIRC covers GWL etc...anyone know anything about it?
    -NRA Member, GSSF Member, GeorgiaCarry Member, Glock Certified Armorer, Glock 30SF, STI Elektra, M&P9c, NAA Black Widow .22 WMR
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  2. #2
    Regular Member Fallschirmjäger's Avatar
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    Not the clearest piece of legislation, is it?

    edit: A little bit of searching reveals this page which has a .pdf.
    Last edited by Fallschirmjäger; 01-17-2011 at 03:07 PM.

  3. #3
    Regular Member Fallschirmjäger's Avatar
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    A BILL TO BE ENTITLED
    AN ACT

    To amend Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order and safety, so as to provide a short title; to provide for legislative intent; to repeal Article 4, relating to dangerous instrumentalities and practices, in its entirety; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

    BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

    SECTION 1.
    This Act shall be known and may be cited as the "Freedom of Choice and Security Act."

    SECTION 2.
    The General Assembly makes the following findings of fact:
    (1) Our founding fathers, in the unanimous Declaration of the thirteen united States of America, acknowledged that the purpose of civil government is to secure God-given rights;
    (2) As such, civil governments are to punish the criminal acts that deprive their citizens of their God-given rights to life, liberty, and property;
    (3) The mere potential to deprive someone of life, liberty, or property should never be considered a crime in a free and just society;
    (4) Evil resides in the heart of the individual, not in material objects; and
    (5) Since objects or "instrumentalities" in and of themselves are not dangerous or evil, in a free and just society, the civil government should not ban or restrict their possession or use.

    SECTION 3.
    Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order and safety, is amended by repealing Article 4, relating to dangerous instrumentalities and practices, in its entirety.
    SECTION 4.
    This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.


    Bold and underlining added by poster.
    Last edited by Fallschirmjäger; 01-17-2011 at 03:13 PM.

  4. #4
    Regular Member Fallschirmjäger's Avatar
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    ARTICLE 4. DANGEROUS INSTRUMENTALITIES AND PRACTICES 7|58
    TITLE 16 Chapter 11 Article 4 NOTE
    PART 1. GENERAL PROVISIONS 17
    TITLE 16 Chapter 11 Article 4 Part 1 NOTE
    § 16-11-100. Abandoning, discarding, or leaving unattended containers which lock or fasten automatically; ...
    § 16-11-101. Furnishing knuckles or a knife to person under the age of 18 years
    § 16-11-101.1. Furnishing pistol or revolver to person under the age of 18 years
    § 16-11-102. Pointing or aiming gun or pistol at another
    § 16-11-103. Discharge of gun or pistol near public highway or street
    § 16-11-104. Discharge of firearms on property of another
    § 16-11-105. Discharge of firearm on Sunday; exceptions; penalty
    § 16-11-106. Possession of firearm or knife during commission of or attempt to commit certain crimes
    § 16-11-107. Destroying or injuring police dog or police horse
    § 16-11-107.1. Harassment of assistance dog by humans or other dogs; penalty
    § 16-11-108. Misuse of firearm or archery tackle while hunting
    § 16-11-109. Activities prohibited to person charged with violation of subsection (a) of Code Section 16-11-108; ...
    § 16-11-110. Revocation of hunting license for violation of subsection (a) of Code Section 16-11-108 or ...
    § 16-11-111. "Anhydrous ammonia" defined; crime for possession
    § 16-11-112. Vehicles with false or secret compartments
    § 16-11-113. Offense of transferring firearm to individual other than actual buyer
    PART 2. POSSESSION OF DANGEROUS WEAPONS 7
    TITLE 16 Chapter 11 Article 4 Part 2 NOTE
    § 16-11-120. Short title
    § 16-11-121. Definitions
    § 16-11-122. Possession of sawed-off shotgun or rifle, machine gun, silencer, or dangerous weapon prohibited
    § 16-11-123. Unlawful possession of firearms or weapons
    § 16-11-124. Exemptions from application of part
    § 16-11-125. Burden of proof as to exemptions
    PART 3. CARRYING AND POSSESSION OF FIREARMS 14
    TITLE 16 Chapter 11 Article 4 Part 3 NOTE
    § 16-11-125.1. Definitions
    § 16-11-126. Possession and carrying a concealed weapon; penalty for violating licensing requirement
    § 16-11-127. Carrying weapons in unauthorized locations; penalty
    § 16-11-127.1. Carrying weapons within school safety zones, at school functions, or on school property
    § 16-11-127.2. Weapons on premises of nuclear power facility
    § 16-11-128. Carrying pistol without license
    § 16-11-129. License to carry weapon; temporary renewal permit; mandamus
    § 16-11-130. Exemptions from Code Sections 16-11-126 through 16-11-127.2
    § 16-11-131. Possession of firearms by convicted felons and first offender probationers
    § 16-11-132. Possession of handgun by person under the age of 18 years
    § 16-11-133. Minimum periods of confinement for persons convicted who have prior convictions
    § 16-11-134. Discharging firearm while under the influence of alcohol or drugs
    § 16-11-135. Public or private employer's parking lots; right of privacy in vehicles in employer's parking lot or ...

    PART 4. ANTITERRORISTIC TRAINING 3
    § 16-11-150. Short title
    § 16-11-151. Prohibited training
    § 16-11-152. Authorized training

    PART 4A. ENHANCED CRIMINAL PENALTIES 4
    TITLE 16 Chapter 11 Article 4 Part 4A NOTE
    § 16-11-160. Use of machine guns, sawed-off rifles, sawed-off shotguns, or firearms with silencers during ...
    § 16-11-161. Consistent local laws or ordinances authorized
    § 16-11-162. Exemption for use of force in defense of others

    PART 5. BRADY LAW REGULATIONS 6
    TITLE 16 Chapter 11 Article 4 Part 5 NOTE
    § 16-11-170. Intent to provide state background check law; construction of part
    § 16-11-171. Definitions
    § 16-11-172. Transfers or purchases of firearms subject to the NICS; information concerning persons who have been ...
    § 16-11-173. Legislative findings; preemption of local regulation and lawsuits; exceptions
    §§ 16-11-174 through 16-11-184



    I would guess this is the vehicle for getting "Constitutional Carry" in Georgia. No doubt that the Codes related to harassing an assistance animal, or injuring a police dog would either not be voided or would quickly be added back.
    Last edited by Fallschirmjäger; 01-17-2011 at 03:26 PM.

  5. #5
    Campaign Veteran RabbiVJ's Avatar
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    my impression is that its gets rid of our licensing completely ie NO reciprocity...it looks to be a bad bill the way I look at it.

    BTW OT, is GP down, i know GS1 was moving servers this morning but is it down?
    Last edited by RabbiVJ; 01-17-2011 at 03:35 PM.
    -NRA Member, GSSF Member, GeorgiaCarry Member, Glock Certified Armorer, Glock 30SF, STI Elektra, M&P9c, NAA Black Widow .22 WMR
    -“I do believe that where there is a choice only between cowardice and violence, I would advise violence.”—Mahatma Ghandhi

  6. #6
    Regular Member Fallschirmjäger's Avatar
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    Yeah, GeorgiaPacking.Org is still down as of 1800. I'm having withdrawal symptoms

  7. #7
    Regular Member Fallschirmjäger's Avatar
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    Quote Originally Posted by RabbiVJ View Post
    my impression is that its gets rid of our licensing completely ie NO reciprocity...it looks to be a bad bill the way I look at it.

    BTW OT, is GP down, i know GS1 was moving servers this morning but is it down?
    Not necessarily, I've heard a proposal that would make licensing non-mandatory, so that states which require proof of the privilege to exercise the right to carry would be happy or that there could be an 'enhanced', non-mandatory license to tickle the fancy of states that require training to exercise the privilege granted by the Constitution.


    * ("Privileges" written tongue-in cheek, of course.)

  8. #8
    Campaign Veteran RabbiVJ's Avatar
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    Quote Originally Posted by Fallschirmjäger View Post
    Yeah, GeorgiaPacking.Org is still down as of 1800. I'm having withdrawal symptoms
    i hear ya dude...im having withdrawl too.
    -NRA Member, GSSF Member, GeorgiaCarry Member, Glock Certified Armorer, Glock 30SF, STI Elektra, M&P9c, NAA Black Widow .22 WMR
    -“I do believe that where there is a choice only between cowardice and violence, I would advise violence.”—Mahatma Ghandhi

  9. #9
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    Bobby Franklins' HB 5 is a HORRIBLE Piece of Legislation that would make Georgias' Firearm-related Laws a Disaster!

    Read The Bill Carefully, HB 5 would Repeal Georgia Code 16-11-173, and therefore, this Bill would Allow EVERY Local Government in The State to come up with whichever Firearm-related: Ordinance, Rule, OR Policy; that 'They' would like to Impose against Law-Abiding Citizens.

    It would again become a Felony to Carry a Firearm on or near any Public Transportation Terminal, with NO Exceptions as HB 5 does nothing about Georgia Codes 16-12-122 through 16-12-127.

    Addtionally, NO Reciprocity would be Permissable under this Bill.

  10. #10
    Regular Member Kingfish's Avatar
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    There are two ways a bill like this could go.

    1) It will die quietly in committee (if it made it that far)
    2) It would be a starting point for committees to add back sections and change others.

    There is no chance it will pass as is and I doubt it was the intent of the author to pass it as is.

  11. #11
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    KingFish:

    I doubt The Intentions of HB 5 are Solely to Strike Article 4 of Chapter 11 of Title 16 of Volume 14A of The Official Code of Georgia in its' Entireity, given His Experience with The State Legislature, however; many of Bobby Franklins' Legislation Usually Consists of Radical Changes such as The Changes Enumerated under HB 5.

    aadvark

  12. #12
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    This bill got proposed last year (it was HB873, proposed by the same guy). Remember a lot of bills are meant to make a point, and no one including the proposer of the bill expects it to make it out of committee. Bills like these scare the anti's, and will make it easier for us to sell other bills that will get serious consideration this year to moderates.
    Last edited by ookoshi; 01-18-2011 at 06:40 PM.

  13. #13
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    I am still waiting to see what my Legislators will Introduce once The General Assembly Reconvenes into Session on January. 24, 2011.

    Currently they are in Recess.

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