Gun Legislation Gun Legislation UpdateUpdate

Presented by:Presented by:

Misty Giles, Policy Advisor, Governor Perdue Misty Giles, Policy Advisor, Governor Perdue mgiles@gov.state.ga.us J. Dale Mann, Director, Georgia Public Safety Training J. Dale Mann, Director, Georgia Public Safety Training Center Center dmann@gpstc.state.ga.us

2010 Legislative Session 2010 Legislative Session

SB 291, Sen. Shafer SB 291, Sen. Shafer – Would have allowed guns in all areas of the airport Would have allowed guns in all areas of the airport – Contained “Katrina amendment” regarding seizure Contained “Katrina amendment” regarding seizure

prevention language for firearms prevention language for firearms – Governor vetoed Governor vetoed

SB 308, Sen. Seabaugh SB 308, Sen. Seabaugh – Added new definitions for “hand gun” and “long Added new definitions for “hand gun” and “long

gun” gun” – Removed provisions for “public gathering” and Removed provisions for “public gathering” and

added new “unauthorized locations” added new “unauthorized locations” – New language for property rights New language for property rights – School property provisions School property provisions – Governor signed Governor signed

SB 308 – Overview SB 308 – Overview Adds definitions differentiating between “hand gun” and “long Adds definitions differentiating between “hand gun” and “long

gun” gun” Adds new definition of “weapon” Adds new definition of “weapon” Removes “public gatherings” statuteRemoves “public gatherings” statute Removes “concealed carry” Removes “concealed carry” New language prohibiting the carrying of concealed weapons New language prohibiting the carrying of concealed weapons

and long guns in “unauthorized locations”: and long guns in “unauthorized locations”: – Government buildingsGovernment buildings– CourthousesCourthouses– Jails and prisonsJails and prisons– Places of worshipPlaces of worship– Any school / university Any school / university – State mental health facilities State mental health facilities – Bars, unless the owner of the bar permits carrying by license Bars, unless the owner of the bar permits carrying by license

holders holders – Nuclear facilities Nuclear facilities – Within 150 feet of a polling place Within 150 feet of a polling place

Private Property Provisions Private Property Provisions Schools and Universities Schools and Universities Licensure Eligibility Licensure Eligibility

Law retained by SB Law retained by SB 308308 Transportation/Motor VehicleTransportation/Motor Vehicle State reciprocityState reciprocity Hunting/fishing Hunting/fishing Parks/historic sites/recreational areasParks/historic sites/recreational areas Penalties for carrying without a valid license Penalties for carrying without a valid license Security management Security management Penalty for dangerous weapon in a school zone Penalty for dangerous weapon in a school zone Ban on carrying in a nuclear power facility Ban on carrying in a nuclear power facility Possession of a handgun by a person under 18 Possession of a handgun by a person under 18 Parking lots Parking lots Law enforcement/court personnel exemptions Law enforcement/court personnel exemptions Weapons used in a commission of a crime Weapons used in a commission of a crime Restrictions on Dangerous Weapon Restrictions on Dangerous Weapon

Points for clarification Points for clarification

16-11-101.1 – Furnishing a pistol or revolver to person 16-11-101.1 – Furnishing a pistol or revolver to person under the age of 18 under the age of 18

16-11-102 – Pointing or aiming a gun at another 16-11-102 – Pointing or aiming a gun at another 16-11-103 – Discharge of a firearm on property of 16-11-103 – Discharge of a firearm on property of

another another 16-11-104 – Possession of a firearm or knife during 16-11-104 – Possession of a firearm or knife during

commission of or attempt to commit certain crimes commission of or attempt to commit certain crimes 16-11-109 – Hunting violations 16-11-109 – Hunting violations 16-11-113 – Offense of transferring firearm to 16-11-113 – Offense of transferring firearm to

individual other than actual buyer individual other than actual buyer 16-11-122 – 123 – Possession of sawed off shotgun or 16-11-122 – 123 – Possession of sawed off shotgun or

rifle, machine gun, silencer, or dangerous weapon rifle, machine gun, silencer, or dangerous weapon 16-11-134 – Discharging a firearm while under the 16-11-134 – Discharging a firearm while under the

influence of alcohol or drugs influence of alcohol or drugs 16-11-160 – Use of sawed off shotguns or rifles, 16-11-160 – Use of sawed off shotguns or rifles,

machine guns, silencers, or dangerous weapons machine guns, silencers, or dangerous weapons during commission of certain crimes during commission of certain crimes

Concealed Weapon Concealed Weapon

Prior to SB 308Prior to SB 308– Under 16-11-126 the offense of “carrying a Under 16-11-126 the offense of “carrying a

concealed weapon, where a person committed the concealed weapon, where a person committed the offense of carrying a concealed weapon unless in offense of carrying a concealed weapon unless in an open manner and fully exposed. an open manner and fully exposed.

– Concealed carry only allowed if an individual was Concealed carry only allowed if an individual was licensed and carried under the parameters of the licensed and carried under the parameters of the law i.e. holster, hipgrip, handbag, purse, etc. law i.e. holster, hipgrip, handbag, purse, etc.

SB 308 removes this provision and has the SB 308 removes this provision and has the premise that if you are licensed and can premise that if you are licensed and can carry the weapon, it can be carried carry the weapon, it can be carried concealed. concealed.

It is still a crime to carry a loaded weapon It is still a crime to carry a loaded weapon without a license, unless specifically stated in without a license, unless specifically stated in law i.e. home, vehicle, business. law i.e. home, vehicle, business.

Transportation Transportation Carrying Provisions Carrying Provisions

Any person not prohibited from possession a may have or Any person not prohibited from possession a may have or carry on his or her person, property, inside their home, car carry on his or her person, property, inside their home, car or place of business without a licenseor place of business without a license. . – Former and Current law Former and Current law

Any person not prohibited by law from possession may have on his or her person a long gun without a license provided if that if the long gun is loaded, it shall be carried in an open and fully exposed manner.

– Former and Current law Any person not prohibited by law from possession may have

or carry any handgun provided it is enclosed in a case and unloaded.

– Same language as former law except is not specific to transporting only Any person not prohibited by law from possession may

transport a hand gun or long gun in any private passenger vehicle; provided however that private property owners or persons in legal control of the vehicle shall have the right to prohibit a weapon on their property.

– Prior to SB 308, an individual had to store in a console/glove box in the vehicle unless they had a license.

– Prior to SB 308, only individuals with a license could carry anywhere in the car.

State Reciprocity State Reciprocity

Any person who is licensed to carry a Any person who is licensed to carry a handgun or weapon in another state handgun or weapon in another state whose laws recognize and give effect whose laws recognize and give effect to a license issued in GA shall be to a license issued in GA shall be authorized to carry a weapon in this authorized to carry a weapon in this state, but only while the licensee is not state, but only while the licensee is not a resident of GA. a resident of GA.

Attorney General will continue to Attorney General will continue to designate reciprocity states. designate reciprocity states.

Hunting and Fishing Hunting and Fishing

16-11-126(f) Any person with a valid hunting or fishing 16-11-126(f) Any person with a valid hunting or fishing license on their person who is engaged in legal license on their person who is engaged in legal hunting, fishing, or sport shooting when the person hunting, fishing, or sport shooting when the person has the permission of the owner of the land which the has the permission of the owner of the land which the activities are being held, may have or carry on their activities are being held, may have or carry on their person a handgun or long gun without a valid person a handgun or long gun without a valid weapons carry license while engaged in hunting, weapons carry license while engaged in hunting, fishing, or sport shooting. fishing, or sport shooting. – Previous 16-11-128 Previous 16-11-128

16-11-126(g) Can carry weapons in parks, historic 16-11-126(g) Can carry weapons in parks, historic sites, or recreational areas, if licensed, unless sites, or recreational areas, if licensed, unless prohibited by federal law. prohibited by federal law. – Previous 16-11-127(c) Previous 16-11-127(c)

12-3-10 Does not allow the carrying of long guns onto 12-3-10 Does not allow the carrying of long guns onto parks, historic sites or recreational areas. parks, historic sites or recreational areas.

Penalties for Carrying Penalties for Carrying without a License without a License

16-11-126(i) 16-11-126(i) First offense – Misdemeanor First offense – Misdemeanor Second offense within 5 years, Second offense within 5 years,

shall be guilty of a felony and shall be guilty of a felony and shall be imprisoned for 2-5 years shall be imprisoned for 2-5 years – Previous 16-11-128(b) Previous 16-11-128(b)

Security Management Security Management

16-11-127(d)(2) No violation of 16-11-127(d)(2) No violation of carrying in a prohibited area when a carrying in a prohibited area when a license holder approaches security license holder approaches security or management upon arrival and or management upon arrival and notifies personnel of the weapon or notifies personnel of the weapon or long gun and explicitly follows the long gun and explicitly follows the security or management’s direction security or management’s direction for removing or securing the for removing or securing the weapon. weapon. – Previous 16-11-127(d) Previous 16-11-127(d)

Dangerous Weapon on Dangerous Weapon on School Property School Property 16-11-127.1(b)(2) Any person 16-11-127.1(b)(2) Any person

convicted of carrying/possession convicted of carrying/possession of a dangerous weapon or of a dangerous weapon or machine gun on school property machine gun on school property shall be fined not more than shall be fined not more than $10,000 or imprisoned for 5-10 $10,000 or imprisoned for 5-10 years, or both. years, or both. – Previous 16-11-127.1(b) Previous 16-11-127.1(b)

Nuclear Power Facility Nuclear Power Facility

16-11-127.2 It shall be unlawful 16-11-127.2 It shall be unlawful for any person to carry, possess for any person to carry, possess or have under their control while or have under their control while on the premises of a nuclear on the premises of a nuclear power facility a weapon or long power facility a weapon or long gun. gun.

Under 18 Possession Under 18 Possession

16-11-132 16-11-132 – Retained the ban on possession and carrying of a Retained the ban on possession and carrying of a

hand gun by an individual under 18 years of agehand gun by an individual under 18 years of age– Struck 16-11-132(a) which included the definition Struck 16-11-132(a) which included the definition

of a pistol or revolver, this definition now the of a pistol or revolver, this definition now the overarching definition for all hand guns as reflected overarching definition for all hand guns as reflected in 16-11-125.1in 16-11-125.1

– Struck provisions in 16-11-132 and replaced “pistol Struck provisions in 16-11-132 and replaced “pistol or revolver” with the term “handgun” to reflect or revolver” with the term “handgun” to reflect overall changes in firearms code. overall changes in firearms code.

– Struck subsection (2)(B) and (2)(C) of 16-11-132 Struck subsection (2)(B) and (2)(C) of 16-11-132 pertaining to the definition of “loaded”. pertaining to the definition of “loaded”.

Parking lots Parking lots

16-11-135 Retained 16-11-135 Retained – HB 89 2008 Session HB 89 2008 Session

No private or public employer shall No private or public employer shall condition employment upon any agreement condition employment upon any agreement by a prospective employee that prohibits an by a prospective employee that prohibits an employee from entering the parking lot and employee from entering the parking lot and access thereto when the employee’s access thereto when the employee’s privately owned vehicle contains a firearm privately owned vehicle contains a firearm that is locked and out of sight within the that is locked and out of sight within the trunk, glove box, or other enclosed trunk, glove box, or other enclosed compartment. compartment.

Law Enforcement Law Enforcement Exemptions Exemptions 16-11-130 16-11-130

– Exempts law enforcement from Exempts law enforcement from firearms provisions 16-11-126 firearms provisions 16-11-126 through 16-11-127.2 through 16-11-127.2

– Law retained Law retained

SB 308SB 308

So what changed??? So what changed???

Definitions Definitions

Weapon – defined as a knife or handgun Weapon – defined as a knife or handgun Hand GunHand Gun

16-11-125.116-11-125.1(1) ‘Handgun’ means a firearm of any description, (1) ‘Handgun’ means a firearm of any description, loaded, or unloaded, from which any shot, bullet, or loaded, or unloaded, from which any shot, bullet, or other missile can be discharged by an action of an other missile can be discharged by an action of an explosive where the length of the barrel, not including explosive where the length of the barrel, not including any revolving, detachable, or magazine breech, does any revolving, detachable, or magazine breech, does not exceed 12 inches; provided, however, that the not exceed 12 inches; provided, however, that the term ‘handgun’ shall not include a gun which term ‘handgun’ shall not include a gun which discharges a single shot of .46 centimeters or less in discharges a single shot of .46 centimeters or less in diameter. diameter.

Former law: 16-11-132 for revolver/pistol Former law: 16-11-132 for revolver/pistol

Definitions (cont.) Definitions (cont.)

Long Gun Long Gun 16-11-125.116-11-125.1(4) ‘Long gun” means a firearm with a barrel length (4) ‘Long gun” means a firearm with a barrel length

of at least 18 inches and overall length of at least of at least 18 inches and overall length of at least 26 inches designed or made and intended to be 26 inches designed or made and intended to be fired from the shoulder and designed or made to fired from the shoulder and designed or made to use the energy of the explosive in a fixed: use the energy of the explosive in a fixed: (A) Shotgun shell to fire through a smooth bore (A) Shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile either a number of ball shot or a single projectile for each single pull of the trigger or from which for each single pull of the trigger or from which any shot, bullet, or other missile can be any shot, bullet, or other missile can be discharged; or discharged; or (B) Metallic cartridge to fire only a single projectile (B) Metallic cartridge to fire only a single projectile through a rifle bore for each single pull of a through a rifle bore for each single pull of a trigger; provided, however, that the term ‘long trigger; provided, however, that the term ‘long gun’ shall not include a gun which discharges a gun’ shall not include a gun which discharges a single shot of .46 centimeters or less in diameter single shot of .46 centimeters or less in diameter

Unauthorized Unauthorized Locations Locations Government Building Government Building Courthouse Courthouse Jail or Prison Jail or Prison In a place of worship In a place of worship In a state mental health facility In a state mental health facility In a bar, unless the owner of the bar In a bar, unless the owner of the bar

permits the carrying of weapons or permits the carrying of weapons or long guns by license holders long guns by license holders

Nuclear power facility Nuclear power facility Within 150 feet of any polling place Within 150 feet of any polling place

Where else, outside of Where else, outside of Unauthorized Unauthorized Locations? Locations? License holders may carry a License holders may carry a

weapon as provided by law in every weapon as provided by law in every location in this state not designated location in this state not designated as an “unauthorized location” as an “unauthorized location” provided however that private provided however that private property owners or persons in legal property owners or persons in legal control of the property shall have control of the property shall have the right to forbid possession of a the right to forbid possession of a weapon or long gun on their weapon or long gun on their property. property.

Parking Lots Parking Lots

Prior to SB 308, the Georgia courts had Prior to SB 308, the Georgia courts had ruled that the “public gatherings” ruled that the “public gatherings” statute extended to parking lots of statute extended to parking lots of those prohibited areas those prohibited areas

Under SB 308, while carrying in these Under SB 308, while carrying in these unauthorized areas is prohibited, a unauthorized areas is prohibited, a weapon or long gun possessed by a weapon or long gun possessed by a license holder in their motor vehicle in license holder in their motor vehicle in a locked compartment or in a locked a locked compartment or in a locked container or firearms rack and the container or firearms rack and the vehicle is parked in a parking facility is vehicle is parked in a parking facility is not prohibited; unless specified by the not prohibited; unless specified by the property owner. property owner.

School Zones School Zones

16-11-127.116-11-127.1 Removed the 1000 foot rule for schools and Removed the 1000 foot rule for schools and

universities for possession of a weapon universities for possession of a weapon Allow individuals, including students, who are Allow individuals, including students, who are

parked on school property and are licensed parked on school property and are licensed to have a weapon in their vehicle when the to have a weapon in their vehicle when the vehicle is parked on school propertyvehicle is parked on school property

Allow individuals, over 21 years of age, who Allow individuals, over 21 years of age, who have a valid license, to have a weapon in have a valid license, to have a weapon in their motor vehicle in a locked compartment their motor vehicle in a locked compartment of the vehicle or locked container or firearms of the vehicle or locked container or firearms rack while bringing or picking up a student at rack while bringing or picking up a student at a school building, school function or on a school building, school function or on school property. school property.

School Zones (cont.) School Zones (cont.)

16-11-127.1(b)(2) 16-11-127.1(b)(2) – Created separate penalty provisions for Created separate penalty provisions for

license and non-license holders found in license and non-license holders found in violation of possession of a handgun or violation of possession of a handgun or long gun on school property. long gun on school property.

Penalties for weapon violationPenalties for weapon violation– Any license holder who is found in Any license holder who is found in

violation shall be guilty of a misdemeanor violation shall be guilty of a misdemeanor – Any non license holder who is found in Any non license holder who is found in

violation shall be guilty of felony and violation shall be guilty of felony and punished by $10,000 and/or 2-10 years punished by $10,000 and/or 2-10 years imprisonment imprisonment

Licensing Provisions Licensing Provisions

16-11-12916-11-129 Changed fee from $15 to $30 Changed fee from $15 to $30 Changed license name to “weapons carry” Changed license name to “weapons carry”

license license Retained existing licensing exceptions Retained existing licensing exceptions Increased span for eligibility from 3 years to 5 Increased span for eligibility from 3 years to 5

years years Added language allowing first offenders for drug Added language allowing first offenders for drug

violations to obtain a license after 5 years after violations to obtain a license after 5 years after completed sentence and no new convictions. completed sentence and no new convictions.

Increased time for probate courts to process from Increased time for probate courts to process from 2 business days to five days 2 business days to five days

New statewide uniform license on or before New statewide uniform license on or before January 1, 2012January 1, 2012– New license to be designed by Council of Probate Court New license to be designed by Council of Probate Court

Judges of Georgia Judges of Georgia

Moving Forward Moving Forward

McDonald V. Chicago McDonald V. Chicago On June 28, 2010 On June 28, 2010 the US Supreme

Court in in McDonald v. Chicago held that the right of an individual to “keep and bear arms” protected by the Second Amendment in the US Constitution is incorporated by the Due Process Clause of the 14th Amendment and applies to the states.

Supreme Court Ruling Supreme Court Ruling & the impact on & the impact on Georgia Georgia On July 2, 2010 a Georgia minister filed On July 2, 2010 a Georgia minister filed

suit in Superior Court in Upson County suit in Superior Court in Upson County against the state challenging the against the state challenging the constitutionality of Georgia’s ban on constitutionality of Georgia’s ban on guns in places of worship. guns in places of worship.

The citizens filing suit against the state The citizens filing suit against the state argue that the ban is unconstitutional argue that the ban is unconstitutional on the grounds that it violates both on the grounds that it violates both freedom of religion and the right to bear freedom of religion and the right to bear arms. The suit names both the state and arms. The suit names both the state and the county as defendants. the county as defendants.

Questions???Questions???