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HB 0875 - Rep Jasperse drops gun bill

Tracking Level: Hot
Sponsor: Rick Jasperse (R)
Last Action: 3/13/2014 - Senate Read Second Time
House Committee: PS&HS
Senate Committee: JUDYNC
Assigned To:
School SafetyNext Bill

Staff Analysis of the Legislation

As Substituted:

This bill would amend Code Section 8-3-202, Article 2 of Chapter 3, Article 4 of Chapter 11 and Part 2 of Article 4 of Chapter 12 of Title 16, Code Section 35-3-34 and Article 3 of Chapter 3 of Title 37 of the O.C.G.A. regarding everything imaginable about carrying weapons. This review will deal only with sections affecting schools and school safety zones.

Assuming that Board of Education offices meet the definition of “government buildings,” and a licensed person could bring a weapon inside if the building is not restricted or screened by security personnel during operating hours. If security is present and the carrier immediately exits, would not be guilty of a violation. At least one member of the security personnel would have to be certified as a peace officer, or there is no violation.

“Bus or other transportation furnished by a school’ would mean “a bus or other transportation furnished by a public elementary or secondary school.” “School function” would mean “a school function or related activity” outside a school safety zone and is for public or private schools.

It would add the term “building” to the definition of “school safety zone,” A licensed carrier who violates the school zone provision would only be guilty of a misdemeanor.          It would prohibit arrest of a licensed violator and would limit a fine to not more than $100.00.

It would allow an authorized LBOE official to issue in writing the authorization for a person to carry a weapon voluntarily that would otherwise be prohibited in a school safety zone or at a school activity. Should a LBOE adopt a policy to allow certain personnel to carry weapons, that policy would have to include:

1. Training for such personnel unless he/she has previous law enforcement or military experience;

2. A list of allowed weapons and ammunition;

3. and prohibition of people with mental or emotional instability as determined by the LBOE;

4. A mandatory method of securing such weapons either on the person and not in a purse, briefcase, bag, etc., so that they could not be easily accessed by students would be required.

A license to carry would be required, as well as an annual criminal background check. The BOE would be responsible for all cost associated with personnel carrying weapons, unless they wish to contribute or other donors contribute. All documents and meeting records pertaining to approved personnel as carriers would be exempt from disclosure.

travelling through a school safety zone, or locked in a vehicle in such a zone. The exception would not apply to a student attending a public or private elementary or secondary school.

It strikes “school” so that teachers and any other personnel could possess a weapon locked in a vehicle.

The remainder of the bill basically loosens the ability of licensed weapons carriers to possess weapons in a number of public situations. NOTE: It adds “defense of self or others as an absolute defense” to violation of the proposed law.


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