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HB 1060 - Crimes and offenses; carrying and possession of firearms; confirm that the right of the people to keep and bear arms shall not be infringed

Tracking Level: Passed
Sponsor: Jasperse, Rick 11th (R)
Last Action: 5/3/2016 - House Date Signed by Governor
House Committee: PS&HS
Senate Committee: JUDY
Assigned To:
05. Superior CourtsNext Bill
06. State CourtsNext Bill
07. Juvenile CourtsNext Bill
08. Probate CourtsNext Bill
Criminal Next Bill

Staff Analysis of the Legislation

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. 


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