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HB 0512 - Safe Carry Protection Act; enact

Tracking Level: Watch
Sponsor: Jasperse, Rick 11th
Last Action: 3/11/2013 - Senate - Senate Read and Referred
State Code Titles: 16 / 20
House Committee: PS&HS
Senate Committee: JUDYNC
Assigned To:
School SafetyNext Bill

Staff Analysis of the Legislation

            This bill would amend Article 4 of Chapter 11 of Title 16 of the O.C.G.A. relating to carrying weapons.  It would eliminate prohibition of weapons in churches bars and in parking lots of churches and bars. It strikes the definition of “bar.” It would change language of private property owner or leasees being able to exclude or eject (rather than to forbid) someone from carrying a weapon on that property. 

            It would allow a license holder to carry a weapon in a government building or courthouse if no security guard is on duty. They would have the right to exit the building without penalty if they observe a guard on duty.

            It would define “bus or transportation furnished by a school” as one furnished by public and private K-12 schools, public or private technical schools, vocational schools, colleges, universities or other post-secondary institutions, and it would expand all references to schools to include that list.  It would define “school function” as any one related to any of the above mentioned institutions. It would add to “school safety zone” facilities used for student housing or competitive physical activity.

            It expands the exceptions that can be granted in writing by officials of the institutions to those listed above. It expands the exception for licensed carriers who pick up or deliver children from just school property to the entire school safety zone.

            It would narrow the authorization of a licensed carrier over 21 to have a weapon under possessor’s control or locked in a vehicle to those who are not students in a public or private elementary or secondary school.

            It strikes the work “school” from the paragraph allowing teachers and (now) other personnel to posses or carry weapons locked in a vehicle. [It is unclear—whose personnel?] It adds “other transportation furnished by a school” to the prohibition of weapon possession.

            It adds a new code section on knowing possession of a weapon or long gun in airports, making unknowing possession a misdemeanor and possession with intent to commit a felony would be a felony itself with a hefty penalty.

            It goes on to change some definitions under “Licensing exceptions.” “Convicted” would eliminate guilty pleas and nolo contendere and restrict it to “an adjudication of guilt.”Issuance of a license to a person who has had the license revoked would no longer be prohibited from receiving a new license after three years from the date of his/her application. A mental patients prohibited from a license would have to be involuntarily hospitalized, based on the applicant’s statement, but the probate judge could require the applicant to sign a waiver to allow the judge notification by a mental institution of a commitment. The judge would have to receive a response within 30 days in writing. restrict eligibility to carry a weapon if certain conditions exist and eliminate some of the qualifications for license renewal, such as an additional fingerprinting. Additional fingerprinting would not be required for renewals. Honorable discharged veterans would be allowed to carry a weapon as exempted persons. It would prohibit anyone other than the state to regulate gun shows and firearms/weapons dealers.

            Two new code sections would be added. One would allow a LBOE, strictly at their choice, to approve personnel to possess or carry weapons if the LBOE has a policy which provides for:

1.      Training that is specifically defined, unless the personnel has previous military or law enforcement experience that involved such training;

2.      An approved list of the types of weapons and ammunition allowed;

3.      Exclusion of an personnel with a history of mental or emotional instability as determined by the LBOE; and

4.      A mandatory method of securing weapons in a place not easily accessed by students; and if concealed, in a holster on the person and not in a purse, briefcase, bag or other accessory not secured to the body.

5.      The approved personnel would have to be licensed carriers and to have a criminal background check annually. The personnel would have to be volunteers and could not be disciplined or terminated for refusal.

6.      The LBOE would be have to pay for all cost associated with implementation of this law and their policy, unless the volunteer or private grants covered the costs.

Documents associated with personnel carrying weapons at school would be subject to the Open Records Act.


Bill Summary from the State Site - Click for the State Summary Page / Click for Current Full Text