This bill was originally written to allow retired judges to carry guns, but it was combined with HB 875, Representative Jasperse's "Safe Carry Protection Act," and sent to the Senate: COMMITTEE SUBSTITUTE: THIS BILL WAS COMBINED WITH HB 60 AND SENT TO SENATE:
AS AMENDED:
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, he/she 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 on the
campus of postsecondary institutions 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:
Training
for such personnel unless he/she has previous law
enforcement or military experience; A
list of allowed weapons and ammunition; Prohibition of people with mental or emotional
instability as determined by the LBOE; and A
mandatory method of securing such weapons either on the
person and not in a purse, briefcase, bag, etc. or in a secured locksafe, 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. It
would also allow a licensed carrier to have a weapon when picking up a student,
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. |