HB 1060 seeks to amend various sections
of the O.C.G.A. in the aim of preserving the right of the people to keep and
bear arms. An addition to Article 15 of Chapter 1 of Title 10, to be cited as
the “Georgia Firearms Industry Nondiscrimination Act,” serves to prevent
unlawful discriminatory practice in the sense of any person refusing to provide
financial services to another individual solely because such individual or
trade association is engaged in the lawful commerce of firearms or ammunition
products. If such unlawful activity is engaged in, the Attorney General shall
investigate and bring action in the name of the state against such person. Such
provisions shall not apply to any bank, trust company, credit union, or
merchant aquirer limited purpose bank to the extent that federal law precludes
or preempts.
The bill further seeks to revise subsections
(e) and (f) of Code Section 16-11-126 relating to having or carrying handguns,
etc. Subsection (e)(2) is created to permit an individual licensed in another
state to have a handgun or weapon to retain their weapon within Georgia for 90
days after they become a resident of this state, at which point they must
submit a weapons carry license and must remain licensed in the other state as
long as they are a resident of this state but not a weapons carry license
holder in this state. Subsection (f)(2) is added to permit individuals who are
hunting, fishing, or sport shooting to carry a knife on their person without a
valid weapons license while engaging in such activities. The bill also calls
for an addition to (e)(2) which specifies that an individual is not in
violation of subsections (b) or (c) if they immediately leave a place of
worship while carrying a weapon or long gun upon personal notification by such
place of worship that he or she is carrying within a place of worship which
does not permit such activity.
The bill further seeks to amend Code
Section 16-11-129. It permits a probate court judge to provide an individual,
upon receipt of an application for a weapons carry license or renewal license,
printed information on gun safety which offers practical advice on gun safety.
The source of such material shall be prominently displayed on such printed
information. The Department of Natural Resources shall provide on its website
information, or a link to such information, which provides resources for
information on hunter education and classes in this state that offer
instruction on gun safety though no person shall be required to take such
classes. Neither the judge of the probate court or the Department of Natural
Resources shall be liable to any person for injuries or damages to property arising
from conformance to this Code Section. Further, the bill asserts that the judge
of the probate court shall not suspend the processing of the application or extend,
delay, or avoid any time requirements as provided within paragraph (4) of
subsection (d). The bill adds paragraph (4) to subsection (e) to allow for the
replacement weapons carry license for the same time period of the license being
replaced in the instance that the individual undergoes a name change or address
change and have more than 90 days remaining before the expiration of such
weapons carry license or renewal license.
The bill further seeks to amend Code
Section 16-11-130. It adds persons who are citizens of the state and either
retired within at least 10 years of aggregate service, separated from service
in good standing, or possess on his or her person an identification card for
retired law enforcement offices to the list of exempt persons from Code Sections
16-11-126 through 16-11-127.2. It additionally permits the sheriff may provide
facilities or means for holding of weapons carried by persons enumerated under
this Code Section (as listed above) provided that ingress to such facilities is
actively restricted or screened by the sheriff or his or her deputy sheriffs.
Further, active law enforcement officers shall be permitted in the performance
of their duties to carry handguns in a level 3 holster in any courthouse or
courthouse annex if they are wearing a Class A uniform of have the official badge
issued to them displayed visibly on their person.
Lastly, the bill amends Code Section
35-3-24. It permits a person to petition the court in which hospitalization
proceedings occurred for relief. A copy of such petition must be served as
notice upon the opposing civil party or prosecuting attorney. Within 60 days of
the receipt of such petition, the court shall hold a hearing on the petition
provided that such time may be extended for good cause as determined by the
court. It further delineates the evidence the court shall receive and consider
in such hearing. The court shall issue a written order of its decision no later than 30 days after the
hearing. The court shall grant the petition for relief if it finds by a preponderance
of evidence that the person will not likely act in a manner dangerous to
himself or herself or public safety and that such granting is in accordance
with the standards set in subsection (b.1) of Code Section 16-11-129. A record
shall be kept of the hearing, though will remain confidential and disclosed
only to court or to the parties in the event of an appeal. Upon court granting
of the petition, the clerk of such court must report the order to the Georgia
Crime Information Center immediately but no later than 10 days after the date
of the order. The center shall purge such record that is the subject of the
order as soon as practicable but no later than 30 days after the receipt of
such order. |