Bill Text: GA SB98 | 2011-2012 | Regular Session | Comm Sub

Georgia Senate Bill 98 (Prior Session Legislation)

Bill Title: Firearms; provide exemption from application of certain laws for persons possessing valid weapons carry licenses; exceptions

Spectrum: Partisan Bill (Republican 6-0)

Status: (Engrossed - Dead) 2012-03-22 - House Committee Favorably Reported [SB98 Detail]

Download: Georgia-2011-SB98-Comm_Sub.html

12 LC 35 2698S

The House Committee on Public Safety & Homeland Security offers the following

substitute to SB 98:

A BILL TO BE ENTITLED
AN ACT

To amend Chapter 11 of Title 16 and Article 3 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to offenses against public order and safety and disposition of seized property, respectively, so as to change provisions regarding the carrying and possession of firearms and weapons in this state and disposition of firearms; to provide for persons holding a valid weapons carry license to carry a weapon into certain locations under certain circumstances; to change provisions relating to the qualifications for licenses to carry weapons and renewal licenses; to change provisions relating to fingerprinting; to provide for the disposition of firearms seized in criminal investigations and surplus firearms of law enforcement agencies; to define terms; 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.

Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order and safety, is amended by revising subsection (b) of Code Section 16-11-34.1, relating to preventing or disrupting General Assembly sessions or other meetings of members, as follows:

"(b)(1) As used in this subsection, the terms 'knife,' 'license holder,' and 'weapon' shall have the same meanings as set forth in Code Section 16-11-125.1.

(2) Except as provided in paragraph (3) of this subsection, it It shall be unlawful for any person, other than those persons who are exempt from the provisions of Code Sections 16-11-126 through 16-11-127.2, to enter, occupy, or remain within the state capitol building or any building housing committee offices, committee rooms, or offices of members, officials, or employees of the General Assembly or either house thereof while in the possession of any firearm; knife as such term is defined in Code Section 16-11-125.1; explosive or incendiary device or compound; bludgeon; knuckles, whether made from metal, thermoplastic, wood, or other similar material; or any other dangerous or deadly weapon, instrument, or device.

(3) A license holder carrying a weapon shall be lawfully authorized to enter, occupy, or remain within the state capitol building or any building housing committee offices, committee rooms, or offices of members, officials, or employees of the General Assembly or either house thereof."

SECTION 2.

Said chapter is further amended by adding a new Code section to read as follows:

"16-11-127.3.

(a) As used in this Code section, the terms 'bar,' 'courthouse,' and 'government building' shall have the same meanings as set forth in Code Section 16-11-127.

(b) Notwithstanding the provisions of Code Section 16-11-127 or 16-11-127.1, a license holder shall be authorized to carry a weapon in a bar and in a government building, so long as the government building is not a courthouse; provided, however, that private property owners or persons in legal control of property through a lease, rental agreement, licensing agreement, contract, or any other agreement to control access to such property shall have the right to forbid possession of a weapon, except as provided in Code Section 16-11-135.

SECTION 3.

Said chapter is further amended by revising subsections (c) and (d) of Code Section 16-11-129, relating to license to carry weapon, as follows:

"(c) Fingerprinting.

As used in this subsection, the term 'initial weapons carry license' means a weapons carry license for an applicant who does not have a valid weapons carry license issued by another probate judge of this state at the time of the individual's application for such license. Following completion of the application for a an initial weapons carry license or the renewal of a license, the judge of the probate court shall require the applicant to proceed to an appropriate any 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 an initial weapons carry license or renewal license and place the name of the applicant on the blank license form. The appropriate local law enforcement agency shall place the fingerprint on a blank license form which has been furnished to the law enforcement agency by the judge of the probate court if a fingerprint is required to be furnished by subsection (f) of this Code section. The law enforcement agency shall be entitled to a fee of $5.00 from the applicant for its services in connection with the application. On or before September 1, 2012, each probate judge of this state shall enroll in a Georgia Bureau of Investigation approved system that captures fingerprints and reports results of a fingerprint based criminal background check.

(d) Investigation of applicant; issuance of weapons carry license; renewal.

(1) For both weapons carry license applications and requests for license renewals, the judge of the probate court shall within five 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 weapons carry license applications and requests for license renewals, the judge of the probate court shall within five 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 weapons carry 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 United States Immigration and Customs Enforcement and return an appropriate report to the probate judge. 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 weapons carry 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 license, the judge of the probate court shall issue such applicant a license or renewal license to carry any weapon 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.

(5) For both weapons carry license applications and requests for license renewals, if the probate judge requires an applicant to sign a waiver as provided in subparagraph (b)(2)(J) of this Code section, the judge shall request the report within 72 hours of receiving the waiver and shall issue or deny the weapons carry license or renewal license within 14 days of receiving such report."

SECTION 4.

Said chapter is further amended by revising Code Section 16-11-173, relating to legislative findings and preemption of local regulation and lawsuits, as follows:

"16-11-173.

(a)(1) As used in this Code section, the term 'weapon' shall have the same meaning as set forth in Code Section 16-11-127.1.

(2) It is declared by the General Assembly that the regulation of firearms and weapons is properly an issue of general, state-wide concern.

(2)(3) The General Assembly further declares that the lawful design, marketing, manufacture, and sale of firearms and ammunition and other weapons to the public is not unreasonably dangerous activity and does not constitute a nuisance per se.

(b)(1) No county or municipal corporation, by zoning, or by ordinance, resolution, or other enactment, and no state agency, board, or authority other than the General Assembly, by rule, regulation, or other enactment, shall regulate in any manner gun shows; the possession, ownership, transport, carrying, transfer, sale, purchase, licensing, or registration of firearms or other weapons or components of firearms or other weapons; firearms dealers; or dealers in firearms components or components of other weapons.

(2) The authority to bring suit and right to recover against any firearms or ammunition manufacturer, trade association, or dealer by or on behalf of any governmental unit created by or pursuant to an Act of the General Assembly or the Constitution, or any department, agency, or authority thereof, for damages, abatement, or injunctive relief resulting from or relating to the lawful design, manufacture, marketing, or sale of firearms or ammunition to the public shall be reserved exclusively to the state. This paragraph shall not prohibit a political subdivision or local government authority from bringing an action against a firearms or ammunition manufacturer or dealer for breach of contract or express warranty as to firearms or ammunition purchased by the political subdivision or local government authority.

(c) A county or municipal corporation may regulate the transport, carrying, or possession of firearms by employees of the local unit of government in the course of their employment with such local unit of government.

(d) Nothing contained in this Code section shall prohibit municipalities or counties, by ordinance, resolution, or other enactment, from requiring the ownership of guns by heads of households within the political subdivision.

(e) Nothing contained in this Code section shall prohibit municipalities or counties, by ordinance, resolution, or other enactment, from reasonably limiting or prohibiting the discharge of firearms within the boundaries of the municipal corporation or county."

SECTION 5.

Article 3 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to disposition of seized property, is amended by adding a new Code section to read as follows:

"17-5-52.1.

(a) Notwithstanding any other provision of law to the contrary, all firearms, as defined in paragraph (3) of Code Section 16-11-171, that are forfeited or abandoned to any law enforcement agency of this state or a political subdivision of this state, including the Department of Natural Resources, or that are otherwise acquired by the state or a political subdivision, shall be disposed of as provided in this Code section.

(b) Prior to the disposal of any firearm that has been forfeited or abandoned to the state or a political subdivision of the state, the agency with custody of the firearm shall use best efforts to determine if the firearm has been lost by, stolen from, or otherwise illegally obtained from an innocent owner and, if so, shall return the firearm to its innocent owner, if ascertainable, unless that person is ineligible to receive or possess a firearm under state or federal law.

(c)(1) Except as provided in subsection (b) of this Code section, the custodial agency shall dispose of the firearms that it receives under subsection (a) of this Code section by sale to persons licensed as firearms dealers, importers, or manufacturers under the provisions of 18 U.S.C. Section 921, et seq., and Chapter 16 of Title 43 and who are authorized to receive such firearms under the terms of such license.

(2) Employees of the agency shall not be eligible to purchase firearms sold under this Code section or to retain any proceeds from any sale required by this Code section, nor shall the agency or its employees retain any firearm required to be sold under this Code section.

(d) All agencies subject to the provisions of this Code section shall keep records of the firearms acquired and disposed of as herein provided as well as the proceeds of the sales thereof and the disbursement of such proceeds and shall maintain such records for not less than ten years from the date on which a firearm is disposed of or on which a disbursement of funds is made, as the case may be.

(e) Neither the state nor any political subdivision of the state nor any of its officers, agents, or employees shall be liable to any person, including the purchaser of a firearm, for personal injuries or damage to property arising from the sale of a firearm under this Code section unless the state or political subdivision acted with gross negligence or recklessness."

SECTION 6.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 7.

All laws and parts of laws in conflict with this Act are repealed.