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HB 0543 - Georgia Constitutional Carry Act of 2015; enact

Tracking Level: Monitor
Sponsor: Clark, Heath 147th
Last Action: 3/5/2015 - House Second Readers
State Code Titles: 12, 16, 27, 40
House Committee: PS&HS

Staff Analysis of the Legislation

            HB 543 seeks to amend Article 1 of Chapter 3 of Title 12, Title 16, Title 27, and Part 2 of Article 10 of Chapter 6 of Title 40 of the O.C.G.A. relating to general provisions regarding parks, historic areas, memorials, and recreation, crimes, and offenses, game and fish, and parking for persons with disabilities, respectively. The Act shall be known as the “Georgia Constitutional Carry Act of 2015.”

            The bill removes from Code Section 12-3-10 subsection (o)(2) which specifies that it is unlawful for any person to use or possess in any park, historic site, or recreational area any firearms other than a handgun. It further specifies in (o)(3) – which would be updated to be (o)(2) – to include the term “weapon or long gun unless such person is a lawful weapons carrier.” 

            It adds new Code Section 16-11-126 which delineates who may and may not carry a weapon or long gun. It further stipulates penalties for illegally carrying a weapon, which shall be punished as a misdemeanor for the first offense or any subsequent offense which is not provided for under paragraph (2) of this subsection and punished as a felony for the second offense within five years and shall be sentenced to 2-5 years imprisonment.

            The bill changes terminology from “a license holder” to “a lawful weapons carrier.” 

            It adds terminology to subsection (a) entitled “Application for weapons carry license or renewal license; term” which substantiates that such license or weapons renewal shall serve as administrative confirmation of the person’s right to carry. It further removes subsection (b) of this section. 


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