10 SB 291/AP
Senate
Bill 291
By:
Senators Shafer of the 48th, Douglas of the 17th, Sims of the 12th, Rogers of
the 21st, Powell of the 23rd and others
VETOED
A
BILL TO BE ENTITLED
AN ACT
To
amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of
Georgia Annotated, relating to carrying and possession of firearms, so as to
revise comprehensively the laws concerning the carrying of concealed weapons; to
revise the method by which licenses to carry weapons are issued; to prohibit the
carrying of certain items in certain buildings; to provide exceptions; to
provide a penalty; to prohibit the seizure or registration of firearms during
official states of emergency; to prohibit any additional limitations on carrying
firearms during states of emergency; to provide civil remedies for violations;
to provide for related matters; to provide an effective date; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Part
3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia
Annotated, relating to carrying and possession of firearms, is amended by
revising subsection (e) of Code Section 16-11-127, relating to carrying deadly
weapons to or at public gatherings, as follows:
"(e)
A person licensed or permitted to carry a firearm by this part shall be
permitted to carry such firearm, subject to the limitations of this part, in all
parks, historic sites, and recreational areas, including all publicly owned
buildings located in such parks, historic sites, and recreational areas and in
wildlife management areas, notwithstanding Code Section 12-3-10, in wildlife
management areas notwithstanding Code Section 27-3-1.1 and 27-3-6, and in public
transportation notwithstanding Code Sections 16-12-122 through 16-12-127;
provided, however, that a person shall not carry a firearm into a place
prohibited by federal law.
A person
licensed or permitted to carry a firearm by this
part
shall also be
permitted to carry such firearm, subject to the limitations of this part, in an
airport in any area in which the possession of firearms is not regulated by the
federal government."
SECTION
2.
Said
part is further amended by revising Code Section 16-11-129, relating to license
to carry pistol or revolver, as follows:
"16-11-129.
(a)(1)
Application for
license or renewal license; term. The
judge of the probate court of each county may, on application under oath and on
payment of a fee of $15.00, issue a license
or renewal
license valid for a period of five years
to any person whose domicile is in that county or who is on active duty with the
United States armed forces and who is not a domiciliary of this state but who
either resides in that county or on a military reservation located in whole or
in part in that county at the time of such application, which license
or renewal
license shall authorize that person to
carry any pistol or revolver in any county of this state notwithstanding any
change in that person's county of residence or state of domicile. Applicants
shall submit the application for a license
or renewal
license to the judge of the probate court
on forms prescribed and furnished free of charge to persons wishing to apply for
the license
or renewal
license. An applicant who is not a United
States citizen shall provide sufficient personal identifying data, including
without limitation his or her place of birth and United States issued alien or
admission number, as the Georgia Bureau of Investigation may prescribe by rule
or regulation. An applicant who is in nonimmigrant status shall provide proof
of his or her qualifications for an exception to the federal firearm prohibition
pursuant to 18 U.S.C. Section 922(y). Forms shall be designed to elicit
information from the applicant pertinent to his or her eligibility under this
Code section, including citizenship, but shall not require data which is
nonpertinent or
irrelevant,
such as serial numbers or other identification capable of being used as a de
facto registration of firearms owned by the applicant. The Department of Public
Safety shall furnish application forms and license forms required by this Code
section. The forms shall be furnished to each judge of each probate court
within the state at no cost.
(2)
At least 90 days before the expiration of a license issued under this
subsection, the judge of the probate court shall notify the license holder in
writing at the license holder's last known address that such license is expiring
and provide forms for renewing such license. If the license holder desires to
renew the license, the license holder shall submit the forms for renewal to the
judge of the probate court of his or her county of domicile or residence, as
applicable, in this state not less than 45 days prior to the expiration of such
license along with a fee of $15.00. The forms for renewal shall be completed
fully by the applicant, shall affirm under oath that the license holder still
meets the qualifications for eligibility for the license, and shall contain
sufficient information to allow the judge of the probate court to cause a
criminal history records check to be performed on the license holder to verify
such eligibility for a license. Within two business days after receiving the
forms for license renewal with the required fees, the judge of the probate court
shall cause a criminal history records check from the Georgia Crime Information
Center and the Federal Bureau of Investigation's National Instant Criminal
Background Check System to be conducted for purposes of determining the
eligibility of the license holder for a renewal license, and an appropriate
report shall be returned to the judge of the probate court with the results of
such check. Such check shall be conducted and the report returned to the judge
of the probate court within 30 days. After receiving the results of the
criminal history check, the judge of the probate court shall verify the
eligibility of the license holder for a renewal license within ten days after
receiving such report. The judge of the probate court shall date stamp the
report to show the date on which the report was received by the judge of the
probate court. Upon verifying the license holder's eligibility, the judge of
the probate court shall issue the license holder a renewal license which shall
be valid for a period of five years. The Georgia Bureau of Investigation may
charge such fee as is necessary to cover the cost of the records search which
shall be added to the fee for the license renewal and shall be paid at the time
of making the application for license renewal. When a person who is not a
United States citizen applies for renewal of a license under this paragraph, the
judge of the probate court shall cause a search to be made of the records
maintained by United States Immigration and Customs Enforcement to verify the
eligibility of the license holder for renewal of such license. As a condition
to the issuance of a renewal of a license, a license holder who is in
nonimmigrant status shall provide proof of his or her qualifications for an
exception to the federal firearm prohibition pursuant to 18 U.S.C. Section
922(y). If the judge of the probate court finds that the person is not eligible
for a license under this Code section, the judge of the probate court shall deny
the license renewal and shall notify the license holder in writing of the
reasons for such denial. The Department of Public Safety shall furnish license
renewal forms required by this paragraph. The forms shall be furnished to each
judge of each probate court within the state at no cost.
(b)
Licensing
exceptions. No license or renewal license
shall be granted to:
(1)
Any person who is prohibited from possessing firearms pursuant to 18 U.S.C.
Section 922;
(1.1)
Any person under 21 years of age;
(2)
Any person who is a fugitive from justice or against whom proceedings are
pending for any felony, forcible misdemeanor, or violation of Code Section
16-11-126, 16-11-127, or 16-11-128 until such time as the proceedings are
adjudicated;
(3)
Any person who has been convicted of a felony by a court of this state or any
other state; by a court of the United States including its territories,
possessions, and dominions; or by a court of any foreign nation and has not been
pardoned for such felony by the President of the United States, the State Board
of Pardons and Paroles, or the person or agency empowered to grant pardons under
the constitution or laws of such state or nation or any person who has been
convicted of a forcible misdemeanor and has not been free of all restraint or
supervision in connection therewith for at least
five
seven
years or
any person who has been convicted of a violation of Code Section 16-11-126,
16-11-127, or 16-11-128 and has not been free of all restraint or supervision in
connection therewith for at least three years, immediately preceding the date of
the application;
(4)
Any individual who has been hospitalized as an inpatient in any mental hospital
or alcohol or drug treatment center within five years of the date of his or her
application. The probate judge may require any applicant to sign a waiver
authorizing any mental hospital or treatment center to inform the judge whether
or not the applicant has been an inpatient in any such facility in the last five
years and authorizing the superintendent of such facility to make to the judge a
recommendation regarding whether a license to carry a pistol or revolver should
be issued. When such a waiver is required by the probate judge, the applicant
shall pay to the probate judge a fee of $3.00 for reimbursement of the cost of
making such a report by the mental health hospital, alcohol or drug treatment
center, or the Department of Human Resources, which the probate judge shall
remit to the hospital, center, or department. The judge shall keep any such
hospitalization or treatment information confidential. It shall be at the
discretion of the probate judge, considering the circumstances surrounding the
hospitalization and the recommendation of the superintendent of the hospital or
treatment center where the individual was a patient, to issue the license or
renewal license;
(B)
As used in this paragraph, the term:
(i)
'Controlled substance' means any drug, substance, or immediate precursor
included in the definition of controlled substances in paragraph (4) of Code
Section 16-13-21.
(ii)
'Convicted' means a plea of guilty, a finding of guilt by a court of competent
jurisdiction, the acceptance of a plea of nolo contendere, or the affording of
first offender treatment by a court of competent jurisdiction irrespective of
the pendency or availability of an appeal or an application for collateral
relief.
(iii)
'Dangerous drug' means any drug defined as such in Code Section 16-13-71;
or
(5)
Any person not lawfully present in the United States.
(c)
Fingerprinting.
Following
completion of the application for a license
or the
renewal of a license, the judge of the
probate court shall require the applicant to proceed to an appropriate law
enforcement agency in the county with the completed application. The
appropriate local law enforcement agency in each county shall then capture the
fingerprints of the applicant for a license
or renewal
license to carry a pistol or
revolver,
place the fingerprint required by subsection (f) of this Code section on a blank
license form which has been furnished to the law enforcement agency by the judge
of the probate court, and place the name of the applicant on the blank license
form. The law enforcement agency shall be
entitled to a fee of $5.00 from the applicant for its services in connection
with the application.
(d)
Investigation of
applicant; issuance of license; renewal.
(1)
For
both
license applications
and
requests for license renewals, the judge
of the probate court shall within two business days following the receipt of the
application
or
request direct the law enforcement agency
to request a fingerprint based criminal history records check from the Georgia
Crime Information Center and Federal Bureau of Investigation for purposes of
determining the suitability of the applicant and return an appropriate report to
the judge of the probate court. Fingerprints shall be in such form and of such
quality as prescribed by the Georgia Crime Information Center and under
standards adopted by the Federal Bureau of Investigation. The Georgia Bureau of
Investigation may charge such fee as is necessary to cover the cost of the
records search.
(2)
For
both
license applications
and
requests for license renewals, the judge
of the probate court shall within two business days following the receipt of the
application
or
request also direct the law enforcement
agency to conduct a background check using the Federal Bureau of Investigation's
National Instant Criminal Background Check System and return an appropriate
report to the probate judge.
(3)
When a person who is not a United States citizen applies for a license
or renewal
of a license under this Code section, the
judge of the probate court shall direct the law enforcement agency to conduct a
search of the records maintained by
the
United States
Bureau
of Immigration and Customs Enforcement.
As a condition to the issuance of a license or the renewal of a license, an
applicant who is in nonimmigrant status shall provide proof of his or her
qualifications for an exception to the federal firearm prohibition pursuant to
18 U.S.C. Section 922(y).
(4)
The law enforcement agency shall report to the judge of the probate court within
30 days, by telephone and in writing, of any findings relating to the applicant
which may bear on his or her eligibility for a license
or renewal
license under the terms of this Code
section. When no derogatory information is found on the applicant bearing on
his or her eligibility to obtain a license or renewal license, a report shall
not be required. The law enforcement agency shall return the application and
the blank license form with the fingerprint thereon directly to the judge of the
probate court within such time period. Not later than ten days after the judge
of the probate court receives the report from the law enforcement agency
concerning the suitability of the applicant for a firearms license, the judge of
the probate court shall issue such applicant a license
or renewal
license to carry any pistol or revolver
unless facts establishing ineligibility have been reported or unless the judge
determines such applicant has not met all the qualifications, is not of good
moral character, or has failed to comply with any of the requirements contained
in this Code section. The judge of the probate court shall date stamp the
report from the law enforcement agency to show the date on which the report was
received by the judge of the probate court.
(e)
Revocation, loss, or
damage to license. If, at any time during
the period for which the license was issued, the judge of the probate court of
the county in which the license was issued shall learn or have brought to his or
her attention in any manner any reasonable ground to believe the licensee is not
eligible to retain the license, the judge may, after notice and hearing, revoke
the license of the person upon adjudication of falsification of application,
mental incompetency, chronic alcohol or narcotic usage, conviction of any felony
or forcible misdemeanor, or for violation of Code Section 16-11-126, 16-11-127,
or 16-11-128. It shall be unlawful for any person to possess a license which
has been revoked, and any person found in possession of any such revoked
license, except in the performance of his or her official duties, shall be
guilty of a misdemeanor. It shall be required that any license holder under
this Code section have in his or her possession his or her valid license
whenever he or she is carrying a pistol or revolver under the authority granted
by this Code section, and his or her failure to do so shall be prima-facie
evidence of a violation of Code Section 16-11-128. Loss of any license issued
in accordance with this Code section or damage to the license in any manner
which shall render it illegible shall be reported to the judge of the probate
court of the county in which it was issued within 48 hours of the time the loss
or damage becomes known to the license holder. The judge of the probate court
shall thereupon issue a replacement for and shall take custody of and destroy a
damaged license; and in any case in which a license has been lost, he or she
shall issue a cancellation order and notify by telephone and in writing each of
the law enforcement agencies whose records were checked before issuance of the
original license. The judge shall charge the fee specified in subsection (k) of
Code Section 15-9-60 for such services.
(f)
License
specifications. Licenses issued as
prescribed in this Code section shall be printed on durable but lightweight card
stock, and the completed card shall be laminated in plastic to improve its
wearing qualities and to inhibit alterations. Measurements shall be 3 1/4
inches
long,
and 2 1/4 inches wide. Each shall be serially numbered within the county of
issuance and shall bear the full name, residential address, birth date, weight,
height, color of eyes,
sex, and a
clear print of the right index finger
and
gender of the licensee.
If the
right index fingerprint cannot be secured for any reason, the print of another
finger may be used but such print shall be marked to identify the finger from
which the print is taken. The license
shall show the date of issuance, the expiration date, and the probate court in
which issued and shall be signed by the licensee and bear the signature or
facsimile thereof of the judge. The seal of the court shall be placed on the
face before the license is laminated. The reverse side of the license shall
have imprinted thereon in its entirety Code Section 16-11-127.
(g)
Alteration or
counterfeiting of license; penalty. A
person who deliberately alters or counterfeits such a license card commits a
felony and, upon conviction thereof, shall be punished by imprisonment for a
period of not less than one nor more than five years.
(h)
Licenses for former
law enforcement officers. Except as
otherwise provided in Code Section 16-11-130, any person who has served as a law
enforcement officer for at least ten of the 12 years immediately preceding the
retirement of such person as a law enforcement officer shall be entitled to be
issued a license as provided for in this Code section without the payment of any
of the fees provided for in this Code section. Such person
must
shall
comply with all the other provisions of this Code section relative to the
issuance of such licenses. As used in this subsection, the term 'law
enforcement officer' means any peace officer who is employed by the United
States government or by the State of Georgia or any political subdivision
thereof and who is required by the terms of his or her employment, whether by
election or appointment, to give his or her full time to the preservation of
public order or the protection of life and property or the prevention of crime.
Such term shall include conservation rangers.
Licenses
issued to such former law enforcement officers shall be distinctive in design by
the use of color or style or other means from other licenses issued under this
Code section.
(i)
Temporary renewal
licenses.
(1)
Any person who holds a license under this Code section to carry a pistol or
revolver may, at the time he
or
she applies for a renewal of the license,
also apply for a temporary renewal license if less than
90
45
days remain before expiration of the license he
or
she then holds or if his
or
her previous license has expired within
the last 30 days.
(2)
Unless the judge of the probate court knows or is made aware of any fact which
would make the applicant ineligible for a five-year renewal license, the judge
shall at the time of application issue a temporary renewal license to the
applicant.
(3)
Such a temporary renewal license shall be in the form of a paper receipt
indicating the date on which the court received the renewal application and
shall show the name, address,
sex
gender,
age, and race of the applicant and that the temporary renewal license expires 90
days from the date of issue.
(4)
During its period of
validity,
the temporary renewal permit, if carried on or about the holder's person
together with the holder's previous license, shall be valid in the same manner
and for the same purposes as a five-year license.
(5)
A $1.00 fee shall be charged by the probate court for issuance of a temporary
renewal license.
(6)
A temporary renewal license may be revoked in the same manner as a five-year
license.
(j)
When an eligible applicant who is a United States citizen fails to receive a
license, temporary permit, or renewal license within the time period required by
this Code section and the application or request has been properly filed, the
applicant may bring an action in mandamus or other legal proceeding in order to
obtain a license, temporary license, or renewal license, and such applicant
shall be entitled to recover his or her costs in such action, including
reasonable attorney's fees."
SECTION
3.
Said
part is further amended by adding a new Code section to read as
follows:
"16-11-136.
(a)
No officer or employee of the state or any political subdivision thereof, member
of the National Guard in the service of the state, or any person operating
pursuant to or under color of state law, receiving state funds, under control of
any official of the state or political subdivision thereof, or providing
services to such officer, employee, or other person, while acting during a
declared official state of emergency, shall:
(1)
Temporarily or permanently seize, or authorize seizure of, any firearm the
possession of which is not prohibited under Article 4 of Chapter 11 of this
title, other than as evidence in a criminal investigation;
(2)
Require registration of any firearm for which registration is not required by
Article 4 of Chapter 11 of this title;
(3)
Prohibit possession of any firearm, or promulgate any rule, regulation, or order
prohibiting possession of any firearm, in any place or by any person where such
possession is not otherwise prohibited by Article 4 of Chapter 11 of this title;
or
(4)
Prohibit the carrying of firearms by any person otherwise authorized to carry
firearms under Article 4 of Chapter 11 of this title, solely because such person
is operating under the direction, control, or supervision of an agency of the
state or political subdivision thereof during a declared official state of
emergency.
(b)
Any individual aggrieved by a violation of this Code section may seek in the
courts of this state relief in an action at law or in equity or other proper
proceeding for redress against any person who subjects such individual, or
causes such individual to be subjected, to the deprivation of any of the rights,
privileges, or immunities provided by this Code section.
(c)
In addition to any other remedy at law or in equity, an individual aggrieved by
the seizure or confiscation of a firearm in violation of this Code section may
bring an action for return of such firearm in the superior court of the county
in which that individual resides or in which such firearm is located. In any
action or proceeding to enforce this Code section, the court shall award the
prevailing party, other than the state or political subdivision thereof,
reasonable attorney
fees."
SECTION
4.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.