Bill Text: GA SB98 | 2011-2012 | Regular Session | Comm Sub
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
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.
(c)
A violation of this Code section shall not create or give rise to a civil action
for damages."
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.