HB 0089 Firearms; carrying and possession; change provisions

Tracking Level:
Passed
Status: 5/14/2008 - House Date Signed by Governor
Sponsor: Bearden,Timothy 68th
Senate Committee: RULES
House Committee: JudyNC
Groups:
03. Superior CourtsNext Bill
04. State CourtsNext Bill
06. Probate CourtsNext Bill
TortNext Bill
Report Date: Tuesday, February 09, 2010 at 9:23 AM

Staff Analysis of the Legislation

HB 89 is known as the “Business Security and Employee Privacy Act.” It creates a felony for any person who attempts to solicit, persuade, encourage, or entice any dealer to transfer or otherwise convey a firearm other than to the actual buyer, as well as any other person who willfully and intentionally aids or abets such person. Both federal law enforcement officers and peace officers are exempt from this provision. This bill allows any person with a license to carry a weapon to carry such weapon in parks, historic sites, wildlife management areas, or recreational areas, including all publicly owned buildings located in these areas. It also allows such person to carry a firearm on public transportation, provided they do not carry it into a place where firearms are prohibited by federal law. Consumption of alcoholic beverages in a restaurant or eating establishment while carrying a firearm is prohibited. Doing so would constitute a misdemeanor offense. 

HB 89 changed certain provisions relating to the issuance of licenses and license renewals for carrying weapons so that the judge of the probate court shall, within 2 business days following the receipt of the application or request, direct the law enforcement agency to request a fingerprint based criminal history records check and a conduct background check and return an appropriate report to the probate judge. The law enforcement agency has 30 days (previously 50 days) to report their findings to the judge. No later than 10 days after the judge of the probate court receives the report from the law enforcement agency, the judge shall issue such applicant a license or renewal unless the judge determines the applicant has not met all the qualifications, is not of good moral character, or has failed to comply with any of the requirements. The judge shall date stamp the report to show the date on which it was received.

This bill also prohibits private or public employers from conditioning employment on any agreement that would prohibit a prospective employee, who possess a Georgia firearms license, from entering the parking lot with a firearm. It also prohibits employers from having a policy or rule that allows them to search locked cars of employees or invited guests on the employer’s parking lot. The bill also provides for a number of exemptions. Employers, property owners, or property owner’s agent are not liable for damages resulting from the transportation, storage, possession, or use of a firearm unless they commit a criminal act or knew that the person using the firearm would commit such criminal act on the premises.

It added the language of HB 257 which provides for constables to carry firearms in publicly owned or operated buildings. The bill exempts them from the prohibition of carrying weapons within school safety zones, at school functions, or on school property, provided however, that a courthouse security plan may prohibit the carrying of a pistol.

Any person, organization or entity, working in coordination and under the direction of an appropriate state agency, who voluntarily and without the expectation or receipt of compensation provides services or goods during a time of emergency as declared by the Governor shall not be civilly liable to any person receiving assistance as a result of any act or omission in rendering service.



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Georgia General Assembly - HB 89

HB 89 - Firearms; carrying and possession; change provisions

Sponsored In Senate By

Committees

Current Status

05/14/08 - House Date Signed by Governor

First Reader Summary

A BILL to be entitled an Act to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to the carrying and possession of firearms, so as to change certain provisions regarding the transportation of certain firearms; to provide for related matters; to repeal conflicting laws; and for other purposes.

Votes

Electronically Recorded Votes
DateTimeVote NoYeasNaysNVExcDescription
02/12/20073:39PMHouse Vote #50130038004008PASS
01/17/200812:05PMSenate Vote #516015041000000ADOPTION OF AMENDMENT #2 BY SENATOR FROM THE 10TH TO COMMITTEE SUB
01/17/200812:07PMSenate Vote #517021035000000ADOPTION OF AMENDMENT #3 BY SENATOR FROM THE 35TH TO COMMITTEE SUB
01/17/200812:10PMSenate Vote #518041015000000PASSAGE BY SUBSTITUTE
01/31/20083:10PMHouse Vote #523111058006005Agree Sen Sub as Am
04/04/20089:08PMSenate Vote #1035040015000001ADOPT CONFERENCE COMMITTEE REPORT
04/04/20089:24PMHouse Vote #1109106057010007ADOPT CCR

Status History

Bill History
DateAction
01/22/2007House First Readers
01/23/2007House Second Readers
01/30/2007House Committee Favorably Reported
02/12/2007House Third Readers
02/12/2007House Passed/Adopted
02/13/2007Senate Read and Referred
03/20/2007Senate Committee Favorably Reported
03/27/2007Senate Read Second Time
04/16/2007Senate Committee Favorably Reported
01/14/2008Senate Recommitted
01/16/2008Senate Committee Favorably Reported
01/17/2008Senate Third Read
01/17/2008Senate Passed/Adopted
01/31/2008House Agree Senate Amend or Sub
02/01/2008Senate Disagrees House Amend/Sub
02/01/2008House Insists
02/01/2008House Conference Committee Appointed
02/05/2008Senate Conference Committee Appointed
04/04/2008Senate Conference Committee Report Adopted
04/04/2008House Conference Committee Report Adopted
04/14/2008House Sent to Governor
05/14/2008House Date Signed by Governor
05/14/2008Act 802
07/01/2008Effective Date

Footnotes

2/12/2007 Modified Structured Rule
2/13/2007 Read and Referred to Judiciary Committee in Senate
3/20/2007 Favorably reported in Senate
3/29/2007 Removed from General Calendar and committed to Rules Committee pursuant to Rule 2-1.10(b) in Senate (originally assigned to Judiciary in Senate)
4/16/2007 Favorably reported in Senate by Substitute
4/17/2007 Dropped to foot of Rules calendar in Senate
1/31/2008 House agrees to Senate Substitute as House amended
2/1/2008 Senate disagrees to House Amendment to Senate Substitute
2/5/2008 Senate Conferees: 9th, 13th, 16th




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