1. Gun Legislation Update Presented by: Misty Giles, Policy Advisor, Governor Perdue mgiles@gov.state.ga.us J. Dale Mann, Director, Georgia Public Safety Training Center dmann@gpstc.state.ga.us

2. 2010 Legislative Session SB 291, Sen. Shafer SB 291, Sen. Shafer –Would have allowed guns in all areas of the airport –Contained “Katrina amendment” regarding seizure prevention language for firearms –Governor vetoed SB 308, Sen. Seabaugh SB 308, Sen. Seabaugh –Added new definitions for “hand gun” and “long gun” –Removed provisions for “public gathering” and added new “unauthorized locations” –New language for property rights –School property provisions –Governor signed

3. SB 308 – Overview Adds definitions differentiating between “hand gun” and “long gun” Adds definitions differentiating between “hand gun” and “long gun” Adds new definition of “weapon” Adds new definition of “weapon” Removes “public gatherings” statute Removes “public gatherings” statute Removes “concealed carry” Removes “concealed carry” New language prohibiting the carrying of concealed weapons and long guns in “unauthorized locations”: New language prohibiting the carrying of concealed weapons and long guns in “unauthorized locations”: –Government buildings –Courthouses –Jails and prisons –Places of worship –Any school / university –State mental health facilities –Bars, unless the owner of the bar permits carrying by license holders –Nuclear facilities –Within 150 feet of a polling place Private Property Provisions Private Property Provisions Schools and Universities Schools and Universities Licensure Eligibility Licensure Eligibility

4. Law retained by SB 308 Transportation/Motor Vehicle Transportation/Motor Vehicle State reciprocity State reciprocity Hunting/fishing Hunting/fishing Parks/historic sites/recreational areas Parks/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

5. Points for clarification 16-11-101.1 – Furnishing a pistol or revolver to person under the age of 18 16-11-101.1 – Furnishing a pistol or revolver to person 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 another 16-11-103 – Discharge of a firearm on property of another 16-11-104 – Possession of a firearm or knife during commission of or attempt to commit certain crimes 16-11-104 – Possession of a firearm or knife during 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 individual other than actual buyer 16-11-113 – Offense of transferring firearm to individual other than actual buyer 16-11-122 – 123 – Possession of sawed off shotgun or rifle, machine gun, silencer, or dangerous weapon 16-11-122 – 123 – Possession of sawed off shotgun or rifle, machine gun, silencer, or dangerous weapon 16-11-134 – Discharging a firearm while under the influence of alcohol or drugs 16-11-134 – Discharging a firearm while under the influence of alcohol or drugs 16-11-160 – Use of sawed off shotguns or rifles, machine guns, silencers, or dangerous weapons during commission of certain crimes 16-11-160 – Use of sawed off shotguns or rifles, machine guns, silencers, or dangerous weapons during commission of certain crimes

6. Concealed Weapon Prior to SB 308 Prior to SB 308 –Under 16-11-126 the offense of “carrying a concealed weapon, where a person committed the offense of carrying a concealed weapon unless in an open manner and fully exposed. –Concealed carry only allowed if an individual was licensed and carried under the parameters of the law i.e. holster, hipgrip, handbag, purse, etc. SB 308 removes this provision and has the premise that if you are licensed and can carry the weapon, it can be carried concealed. SB 308 removes this provision and has the premise that if you are licensed and can carry the weapon, it can be carried concealed. It is still a crime to carry a loaded weapon without a license, unless specifically stated in law i.e. home, vehicle, business. It is still a crime to carry a loaded weapon without a license, unless specifically stated in law i.e. home, vehicle, business.

7. Transportation Carrying Provisions Any person not prohibited from possession a may have or carry on his or her person, property, inside their home, car or place of business without a license. Any person not prohibited from possession a may have or carry on his or her person, property, inside their home, car or place of business without a license. –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.

8. State Reciprocity Any person who is licensed to carry a handgun or weapon in another state whose laws recognize and give effect to a license issued in GA shall be authorized to carry a weapon in this state, but only while the licensee is not a resident of GA. Any person who is licensed to carry a handgun or weapon in another state whose laws recognize and give effect to a license issued in GA shall be authorized to carry a weapon in this state, but only while the licensee is not a resident of GA. Attorney General will continue to designate reciprocity states. Attorney General will continue to designate reciprocity states.

9. Hunting and Fishing 16-11-126(f) Any person with a valid hunting or fishing license on their person who is engaged in legal hunting, fishing, or sport shooting when the person has the permission of the owner of the land which the activities are being held, may have or carry on their person a handgun or long gun without a valid weapons carry license while engaged in hunting, fishing, or sport shooting. 16-11-126(f) Any person with a valid hunting or fishing license on their person who is engaged in legal hunting, fishing, or sport shooting when the person has the permission of the owner of the land which the activities are being held, may have or carry on their person a handgun or long gun without a valid weapons carry license while engaged in hunting, fishing, or sport shooting. –Previous 16-11-128 16-11-126(g) Can carry weapons in parks, historic sites, or recreational areas, if licensed, unless prohibited by federal law. 16-11-126(g) Can carry weapons in parks, historic sites, or recreational areas, if licensed, unless prohibited by federal law. –Previous 16-11-127(c) 12-3-10 Does not allow the carrying of long guns onto parks, historic sites or recreational areas. 12-3-10 Does not allow the carrying of long guns onto parks, historic sites or recreational areas.

10. Penalties for Carrying without a License 16-11-126(i) First offense – Misdemeanor First offense – Misdemeanor Second offense within 5 years, shall be guilty of a felony and shall be imprisoned for 2-5 years Second offense within 5 years, shall be guilty of a felony and shall be imprisoned for 2-5 years –Previous 16-11-128(b)

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

12. Dangerous Weapon on School Property 16-11-127.1(b)(2) Any person convicted of carrying/possession of a dangerous weapon or machine gun on school property shall be fined not more than $10,000 or imprisoned for 5-10 years, or both. 16-11-127.1(b)(2) Any person convicted of carrying/possession of a dangerous weapon or machine gun on school property shall be fined not more than $10,000 or imprisoned for 5-10 years, or both. –Previous 16-11-127.1(b)

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

14. Under 18 Possession 16-11-132 16-11-132 –Retained the ban on possession and carrying of a hand gun by an individual under 18 years of age –Struck 16-11-132(a) which included the definition of a pistol or revolver, this definition now the overarching definition for all hand guns as reflected in 16-11-125.1 –Struck provisions in 16-11-132 and replaced “pistol or revolver” with the term “handgun” to reflect overall changes in firearms code. –Struck subsection (2)(B) and (2)(C) of 16-11-132 pertaining to the definition of “loaded”.

15. Parking lots 16-11-135 Retained 16-11-135 Retained –HB 89 2008 Session No private or public employer shall condition employment upon any agreement by a prospective employee that prohibits an employee from entering the parking lot and access thereto when the employee’s privately owned vehicle contains a firearm that is locked and out of sight within the trunk, glove box, or other enclosed compartment. No private or public employer shall condition employment upon any agreement by a prospective employee that prohibits an employee from entering the parking lot and access thereto when the employee’s privately owned vehicle contains a firearm that is locked and out of sight within the trunk, glove box, or other enclosed compartment.

16. Law Enforcement Exemptions 16-11-130 16-11-130 –Exempts law enforcement from firearms provisions 16-11-126 through 16-11- 127.2 –Law retained

17. SB 308 So what changed???

18. Definitions Weapon – defined as a knife or handgun Weapon – defined as a knife or handgun Hand Gun Hand Gun16-11-125.1 (1) ‘Handgun’ means a firearm of any description, loaded, or unloaded, from which any shot, bullet, or other missile can be discharged by an action of an explosive where the length of the barrel, not including any revolving, detachable, or magazine breech, does not exceed 12 inches; provided, however, that the term ‘handgun’ shall not include a gun which discharges a single shot of.46 centimeters or less in diameter. Former law: 16-11-132 for revolver/pistol Former law: 16-11-132 for revolver/pistol

19. Definitions (cont.) Long Gun Long Gun16-11-125.1 (4) ‘Long gun” means a firearm with a barrel length of at least 18 inches and overall length of at least 26 inches designed or made and intended to be fired from the shoulder and designed or made to use the energy of the explosive in a fixed: (A) Shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger or from which any shot, bullet, or other missile can be discharged; or (B) Metallic cartridge to fire only a single projectile through a rifle bore for each single pull of a trigger; provided, however, that the term ‘long gun’ shall not include a gun which discharges a single shot of.46 centimeters or less in diameter

20. Unauthorized 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 permits the carrying of weapons or long guns by license holders In a bar, unless the owner of the bar permits the carrying of weapons or 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

21. Where else, outside of Unauthorized Locations? License holders may carry a weapon as provided by law in every location in this state not designated as an “unauthorized location” provided however that private property owners or persons in legal control of the property shall have the right to forbid possession of a weapon or long gun on their property. License holders may carry a weapon as provided by law in every location in this state not designated as an “unauthorized location” provided however that private property owners or persons in legal control of the property shall have the right to forbid possession of a weapon or long gun on their property.

22. Parking Lots Prior to SB 308, the Georgia courts had ruled that the “public gatherings” statute extended to parking lots of those prohibited areas Prior to SB 308, the Georgia courts had ruled that the “public gatherings” statute extended to parking lots of those prohibited areas Under SB 308, while carrying in these unauthorized areas is prohibited, a weapon or long gun possessed by a license holder in their motor vehicle in a locked compartment or in a locked container or firearms rack and the vehicle is parked in a parking facility is not prohibited; unless specified by the property owner. Under SB 308, while carrying in these unauthorized areas is prohibited, a weapon or long gun possessed by a license holder in their motor vehicle in a locked compartment or in a locked container or firearms rack and the vehicle is parked in a parking facility is not prohibited; unless specified by the property owner.

23. School Zones 16-11-127.1 Removed the 1000 foot rule for schools and universities for possession of a weapon Removed the 1000 foot rule for schools and universities for possession of a weapon Allow individuals, including students, who are parked on school property and are licensed to have a weapon in their vehicle when the vehicle is parked on school property Allow individuals, including students, who are parked on school property and are licensed to have a weapon in their vehicle when the vehicle is parked on school property Allow individuals, over 21 years of age, who have a valid license, to have a weapon in their motor vehicle in a locked compartment of the vehicle or locked container or firearms rack while bringing or picking up a student at a school building, school function or on school property. Allow individuals, over 21 years of age, who have a valid license, to have a weapon in their motor vehicle in a locked compartment of the vehicle or locked container or firearms rack while bringing or picking up a student at a school building, school function or on school property.

24. School Zones (cont.) 16-11-127.1(b)(2) 16-11-127.1(b)(2) –Created separate penalty provisions for license and non-license holders found in violation of possession of a handgun or long gun on school property. Penalties for weapon violation Penalties for weapon violation –Any license holder who is found in violation shall be guilty of a misdemeanor –Any non license holder who is found in violation shall be guilty of felony and punished by $10,000 and/or 2-10 years imprisonment

25. Licensing Provisions 16-11-129 Changed fee from $15 to $30 Changed fee from $15 to $30 Changed license name to “weapons carry” license Changed license name to “weapons carry” license Retained existing licensing exceptions Retained existing licensing exceptions Increased span for eligibility from 3 years to 5 years Increased span for eligibility from 3 years to 5 years Added language allowing first offenders for drug violations to obtain a license after 5 years after completed sentence and no new convictions. Added language allowing first offenders for drug violations to obtain a license after 5 years after completed sentence and no new convictions. Increased time for probate courts to process from 2 business days to five days Increased time for probate courts to process from 2 business days to five days New statewide uniform license on or before January 1, 2012 New statewide uniform license on or before January 1, 2012 –New license to be designed by Council of Probate Court Judges of Georgia

26. Moving Forward McDonald V. Chicago On June 28, 2010 in On June 28, 2010 the US Supreme Court 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.

27. Supreme Court Ruling & the impact on Georgia On July 2, 2010 a Georgia minister filed suit in Superior Court in Upson County against the state challenging the constitutionality of Georgia’s ban on guns in places of worship. On July 2, 2010 a Georgia minister filed suit in Superior Court in Upson County against the state challenging the constitutionality of Georgia’s ban on guns in places of worship. The citizens filing suit against the state argue that the ban is unconstitutional on the grounds that it violates both freedom of religion and the right to bear arms. The suit names both the state and the county as defendants. The citizens filing suit against the state argue that the ban is unconstitutional on the grounds that it violates both freedom of religion and the right to bear arms. The suit names both the state and the county as defendants.

28. Questions???