| 1 | 1 | | 23 LC 39 3735 |
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| 2 | 2 | | H. B. 554 |
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| 3 | 3 | | - 1 - |
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| 4 | 4 | | House Bill 554 |
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| 5 | 5 | | By: Representatives Scott of the 76 |
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| 6 | 6 | | th |
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| 7 | 7 | | , Davis of the 87 |
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| 8 | 8 | | th |
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| 9 | 9 | | , Schofield of the 63 |
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| 10 | 10 | | rd |
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| 11 | 11 | | , and Hutchinson |
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| 12 | 12 | | of the 106 |
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| 13 | 13 | | th |
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| 14 | 14 | | |
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| 15 | 15 | | A BILL TO BE ENTITLED |
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| 16 | 16 | | AN ACT |
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| 17 | 17 | | To amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, |
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| 18 | 18 | | 1 |
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| 19 | 19 | | relating to dangerous instrumentalities and practices, so as to prohibit the furnishing of a2 |
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| 20 | 20 | | semiautomatic assault weapon to a person under the age of 21 years; to revise and provide3 |
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| 21 | 21 | | for definitions; to provide for a minimum age requirement for the possession of4 |
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| 22 | 22 | | semiautomatic assault weapons; to provide for a penalty and exceptions; to provide for5 |
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| 23 | 23 | | related matters; to repeal conflicting laws; and for other purposes.6 |
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| 24 | 24 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 |
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| 25 | 25 | | SECTION 1.8 |
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| 26 | 26 | | Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to9 |
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| 27 | 27 | | dangerous instrumentalities and practices, is amended by revising Code Section 16-11-101.1,10 |
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| 28 | 28 | | relating to furnishing pistol or revolver to person under the age of 18 years, as follows:11 |
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| 29 | 29 | | "16-11-101.1.12 |
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| 30 | 30 | | (a) For the purposes of this Code section, the term:13 |
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| 31 | 31 | | (1) 'Handgun' shall have the same meaning as set forth in Code Section 16-11-125.1. |
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| 32 | 32 | | 14 |
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| 33 | 33 | | (1)(2) 'Minor' means any person under the age of 18 years.15 23 LC 39 3735 |
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| 34 | 34 | | H. B. 554 |
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| 35 | 35 | | - 2 - |
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| 36 | 36 | | (2) 'Pistol or revolver' means a handgun as defined in subsection (a) of Code16 |
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| 37 | 37 | | Section 16-11-125.1.17 |
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| 38 | 38 | | (3) 'Semiautomatic assault weapon' shall have the same meaning as set forth in Code18 |
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| 39 | 39 | | Section 16-11-125.1.19 |
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| 40 | 40 | | (b)(1) It shall be unlawful for a person to intentionally, knowingly, or recklessly to sell20 |
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| 41 | 41 | | or furnish a pistol or revolver handgun to a minor, except that it shall be lawful for a21 |
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| 42 | 42 | | parent or legal guardian to permit possession of a pistol or revolver handgun by a minor22 |
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| 43 | 43 | | for the purposes specified in subsection (c) of Code Section 16-11-132 unless otherwise23 |
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| 44 | 44 | | expressly limited by subsection (c) of this Code section.24 |
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| 45 | 45 | | (2) It shall be unlawful for a person to intentionally, knowingly, or recklessly sell or25 |
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| 46 | 46 | | furnish a semiautomatic assault weapon to a person under the age of 21 years.26 |
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| 47 | 47 | | (c)(1) It shall be unlawful for a parent or legal guardian to permit possession of a pistol27 |
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| 48 | 48 | | or revolver handgun or semiautomatic assault weapon by a minor if the parent or legal28 |
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| 49 | 49 | | guardian knows of a such minor's conduct which violates the provisions of Code29 |
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| 50 | 50 | | Section 16-11-132 and fails to make reasonable efforts to prevent any such violation of30 |
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| 51 | 51 | | Code Section 16-11-132.31 |
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| 52 | 52 | | (2) Notwithstanding any provisions of subsection (c) of Code Section 16-11-132 or any32 |
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| 53 | 53 | | other law to the contrary, it shall be unlawful for any parent or legal guardian to33 |
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| 54 | 54 | | intentionally, knowingly, or recklessly to furnish to or permit a minor to possess a pistol34 |
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| 55 | 55 | | or revolver handgun or semiautomatic assault weapon if such parent or legal guardian is35 |
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| 56 | 56 | | aware of a substantial risk that such minor will use a pistol or revolver handgun or36 |
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| 57 | 57 | | semiautomatic assault weapon to commit a felony offense or if such parent or legal37 |
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| 58 | 58 | | guardian who is aware of such substantial risk fails to make reasonable efforts to prevent38 |
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| 59 | 59 | | commission of the offense by the minor.39 |
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| 60 | 60 | | (3) In addition to any other act which violates this subsection, a parent or legal guardian40 |
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| 61 | 61 | | shall be deemed to have violated this subsection if such parent or legal guardian furnishes41 |
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| 62 | 62 | | to or permits possession of a pistol or revolver handgun or semiautomatic assault weapon42 23 LC 39 3735 |
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| 63 | 63 | | H. B. 554 |
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| 64 | 64 | | - 3 - |
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| 65 | 65 | | by any minor who has been convicted of a forcible felony or forcible misdemeanor, as |
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| 66 | 66 | | 43 |
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| 67 | 67 | | defined in Code Section 16-1-3, or who has been adjudicated for committing a delinquent44 |
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| 68 | 68 | | act under the provisions of Article 6 of Chapter 11 of Title 15 for an offense which would45 |
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| 69 | 69 | | constitute a forcible felony or forcible misdemeanor, as defined in Code Section 16-1-3,46 |
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| 70 | 70 | | if such minor were an adult.47 |
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| 71 | 71 | | (d) Upon conviction of a violation of subsection (b) or (c) of this Code section, a person48 |
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| 72 | 72 | | shall be guilty of a felony and punished by a fine not to exceed $5,000.00 or by49 |
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| 73 | 73 | | imprisonment for not less than three nor more than five years, or both."50 |
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| 74 | 74 | | SECTION 2.51 |
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| 75 | 75 | | Said article is further amended by revising Code Section 16-11-125.1, relating to definitions,52 |
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| 76 | 76 | | as follows:53 |
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| 77 | 77 | | "16-11-125.1.54 |
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| 78 | 78 | | As used in this part, the term:55 |
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| 79 | 79 | | (1) 'Firearm' means any device that is designed to or may readily be converted to expel |
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| 80 | 80 | | 56 |
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| 81 | 81 | | a projectile by the action of an explosive.57 |
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| 82 | 82 | | (1)(2) 'Handgun' means a firearm of any description, loaded or unloaded, from which any58 |
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| 83 | 83 | | shot, bullet, or other missile can be discharged by an action of an explosive where the59 |
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| 84 | 84 | | length of the barrel, not including any revolving, detachable, or magazine breech, does60 |
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| 85 | 85 | | not exceed 12 inches; provided, however, that the term 'handgun' such term shall not61 |
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| 86 | 86 | | include a gun which firearm that discharges a single shot of 0.46 centimeter or less in62 |
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| 87 | 87 | | diameter or a semiautomatic assault weapon.63 |
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| 88 | 88 | | (2)(3) 'Knife' means a cutting instrument designed for the purpose of offense and defense64 |
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| 89 | 89 | | consisting of a blade that is greater than 12 inches in length which is fastened to a handle.65 |
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| 90 | 90 | | (2.1)(4) 'Lawful weapons carrier' means any person who is licensed or eligible for a66 |
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| 91 | 91 | | license pursuant to Code Section 16-11-129 and who is not otherwise prohibited by law67 |
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| 92 | 92 | | from possessing a weapon or long gun, any resident of any other state who would68 23 LC 39 3735 |
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| 93 | 93 | | H. B. 554 |
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| 94 | 94 | | - 4 - |
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| 95 | 95 | | otherwise be eligible to obtain a license pursuant to such Code section but for the |
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| 96 | 96 | | 69 |
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| 97 | 97 | | residency requirement, and any person licensed to carry a weapon in any other state.70 |
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| 98 | 98 | | (3) |
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| 99 | 99 | | (5) 'License holder' means a person who holds a valid weapons carry license.71 |
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| 100 | 100 | | (6) 'Loaded' means that a firearm contains a cartridge in its chamber or cylinder.72 |
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| 101 | 101 | | (4)(7) 'Long gun' means a firearm with a barrel length of at least 18 inches and overall73 |
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| 102 | 102 | | length of at least 26 inches designed or made and intended to be fired from the shoulder74 |
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| 103 | 103 | | and designed or made to use the energy of the explosive in a fixed:75 |
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| 104 | 104 | | (A) Shotgun shell to fire through a smooth bore either a number of ball shot or a single76 |
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| 105 | 105 | | projectile for each single pull of the trigger or from which any shot, bullet, or other77 |
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| 106 | 106 | | missile can be discharged; or78 |
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| 107 | 107 | | (B) Metallic cartridge to fire only a single projectile through a rifle bore for each single79 |
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| 108 | 108 | | pull of the trigger;80 |
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| 109 | 109 | | provided, however, that the term 'long gun' shall not include a gun which firearm that81 |
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| 110 | 110 | | discharges a single shot of 0.46 centimeter or less in diameter or a semiautomatic assault82 |
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| 111 | 111 | | weapon.83 |
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| 112 | 112 | | (8) 'Pistol grip' means a grip or similar feature that can function as a grip for the trigger84 |
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| 113 | 113 | | hand.85 |
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| 114 | 114 | | (9) 'Semiautomatic assault weapon' means:86 |
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| 115 | 115 | | (A) Any selective firearm capable of semiautomatic or burst fire at the option of the87 |
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| 116 | 116 | | user;88 |
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| 117 | 117 | | (B) Any revolving cylinder shotgun;89 |
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| 118 | 118 | | (C) Any semiautomatic rifle that can accommodate a detachable magazine and that has90 |
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| 119 | 119 | | at least two of the following:91 |
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| 120 | 120 | | (i) A folding or telescoping stock;92 |
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| 121 | 121 | | (ii) A pistol grip that protrudes conspicuously beneath the action of the weapon;93 |
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| 122 | 122 | | (iii) A bayonet mount;94 23 LC 39 3735 |
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| 123 | 123 | | H. B. 554 |
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| 124 | 124 | | - 5 - |
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| 125 | 125 | | (iv) A flash suppressor or threaded barrel designed to accommodate a flash95 |
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| 126 | 126 | | suppressor; or96 |
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| 127 | 127 | | (v) A grenade launcher;97 |
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| 128 | 128 | | (D) A semiautomatic pistol that can accommodate a detachable magazine and that has98 |
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| 129 | 129 | | at least two of the following:99 |
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| 130 | 130 | | (i) An ammunition magazine that attaches to the pistol outside of the pistol grip;100 |
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| 131 | 131 | | (ii) A threaded barrel that can accommodate a barrel extender, flash suppressor,101 |
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| 132 | 132 | | forward handgrip, or silencer;102 |
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| 133 | 133 | | (iii) A shroud that is attached to, or partially or completely encircles, the barrel and103 |
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| 134 | 134 | | that allows the shooter to hold the firearm with the nontrigger hand without being104 |
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| 135 | 135 | | burned;105 |
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| 136 | 136 | | (iv) A manufactured weight of 50 ounces or more when the pistol is unloaded; or106 |
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| 137 | 137 | | (v) A semiautomatic version of an automatic firearm; or107 |
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| 138 | 138 | | (E) A semiautomatic shotgun that has at least two of the following:108 |
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| 139 | 139 | | (i) A folding or telescoping stock;109 |
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| 140 | 140 | | (ii) A pistol grip that protrudes conspicuously beneath the action of the weapon;110 |
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| 141 | 141 | | (iii) A fixed magazine capacity in excess of five rounds; or111 |
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| 142 | 142 | | (iv) The capability to accommodate a detachable magazine.112 |
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| 143 | 143 | | (5)(10) 'Weapon' means a knife, or handgun, or semiautomatic assault weapon.113 |
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| 144 | 144 | | (6)(11) 'Weapons carry license' or 'license' means a license issued pursuant to Code114 |
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| 145 | 145 | | Section 16-11-129."115 |
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| 146 | 146 | | SECTION 3.116 |
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| 147 | 147 | | Said article is further amended by revising Code Section 16-11-126, relating to having or117 |
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| 148 | 148 | | carrying handguns, long guns, or other weapons, exceptions for homes, motor vehicles,118 |
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| 149 | 149 | | private property, and other locations and conditions, and unlawful carrying of a weapon, as119 |
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| 150 | 150 | | follows:120 23 LC 39 3735 |
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| 151 | 151 | | H. B. 554 |
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| 152 | 152 | | - 6 - |
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| 153 | 153 | | "16-11-126. |
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| 154 | 154 | | 121 |
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| 155 | 155 | | (a) Any person who is not prohibited by law from possessing a handgun or long gun |
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| 156 | 156 | | 122 |
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| 157 | 157 | | firearm may have or carry on his or her person a weapon or long gun on his or her property123 |
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| 158 | 158 | | or inside his or her home, motor vehicle, or place of business.124 |
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| 159 | 159 | | (b) Any person who is not prohibited by law from possessing a handgun or long gun125 |
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| 160 | 160 | | firearm may have or carry on his or her person a long gun.126 |
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| 161 | 161 | | (c) Any person who is a lawful weapons carrier may transport a handgun or long gun127 |
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| 162 | 162 | | firearm in any private passenger motor vehicle; provided, however, that private property128 |
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| 163 | 163 | | owners or persons in legal control of private property through a lease, rental agreement,129 |
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| 164 | 164 | | licensing agreement, contract, or any other agreement to control access to such private130 |
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| 165 | 165 | | property shall have the right to exclude or eject a person who is in possession of a weapon131 |
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| 166 | 166 | | or long gun firearm on their private property in accordance with paragraph (3) of132 |
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| 167 | 167 | | subsection (b) of Code Section 16-7-21, except as provided in Code Section 16-11-135.133 |
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| 168 | 168 | | (d)(1) Any person licensed to carry a weapon in any other state shall be authorized to134 |
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| 169 | 169 | | carry a weapon in this state; provided, however, that:135 |
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| 170 | 170 | | (A) Such licensee licensed to carry a weapon in any other state shall carry the weapon136 |
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| 171 | 171 | | in compliance with the laws of this state; and137 |
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| 172 | 172 | | (B) No other state shall be required to recognize and give effect to a license issued138 |
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| 173 | 173 | | pursuant to this part that is held by a person who is younger than 21 years of age.139 |
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| 174 | 174 | | (2)(A) The Attorney General shall create and maintain on the Department of Law's140 |
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| 175 | 175 | | website a list of states whose laws recognize and give effect to a license issued pursuant141 |
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| 176 | 176 | | to this part.142 |
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| 177 | 177 | | (B) The Attorney General shall enter into an agreement with any state that requires an143 |
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| 178 | 178 | | agreement to recognize and give effect to a license issued pursuant to this part.144 |
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| 179 | 179 | | (e)(1) Any person with a valid hunting or fishing license on his or her person, or any145 |
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| 180 | 180 | | person not required by law to have a hunting or fishing license, who is engaged in legal146 |
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| 181 | 181 | | hunting, fishing, or sport shooting when the person has the permission of the owner of the147 23 LC 39 3735 |
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| 182 | 182 | | H. B. 554 |
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| 183 | 183 | | - 7 - |
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| 184 | 184 | | land on which the activities are being conducted may have or carry on his or her person a |
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| 185 | 185 | | 148 |
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| 186 | 186 | | weapon or long gun while hunting, fishing, or engaging in sport shooting.149 |
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| 187 | 187 | | (2) Any person with a valid hunting or fishing license on his or her person, or any person |
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| 188 | 188 | | 150 |
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| 189 | 189 | | not required by law to have a hunting or fishing license, who is otherwise engaged in151 |
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| 190 | 190 | | legal hunting, fishing, or sport shooting on recreational or wildlife management areas152 |
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| 191 | 191 | | owned by this state may have or carry on his or her person a knife while engaging in such153 |
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| 192 | 192 | | hunting, fishing, or sport shooting.154 |
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| 193 | 193 | | (f) Notwithstanding Code Sections 12-3-10, 27-3-1.1, 27-3-6, and 16-12-122 through155 |
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| 194 | 194 | | 16-12-127, any lawful weapons carrier may carry a weapon in all parks, historic sites, or156 |
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| 195 | 195 | | recreational areas, as such term is defined in Code Section 12-3-10, including all publicly157 |
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| 196 | 196 | | owned buildings located in such parks, historic sites, and recreational areas, in wildlife158 |
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| 197 | 197 | | management areas, and on public transportation; provided, however, that a person shall not159 |
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| 198 | 198 | | carry a handgun weapon into a place where it is prohibited by federal law.160 |
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| 199 | 199 | | (g)(1) Except as otherwise provided in subsections (a) through (f) of this Code section,161 |
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| 200 | 200 | | no person shall carry a weapon unless he or she is a lawful weapons carrier.162 |
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| 201 | 201 | | (2) A person commits the offense of unlawful carrying of a weapon when he or she163 |
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| 202 | 202 | | violates the provisions of paragraph (1) of this subsection.164 |
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| 203 | 203 | | (h) Upon conviction of the offense of unlawful carrying of a weapon, a person shall be165 |
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| 204 | 204 | | punished as follows:166 |
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| 205 | 205 | | (1) For the first offense, he or she shall be guilty of a misdemeanor; and167 |
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| 206 | 206 | | (2) For the second offense within five years, as measured from the dates of previous168 |
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| 207 | 207 | | arrests for which convictions were obtained to the date of the current arrest for which a169 |
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| 208 | 208 | | conviction is obtained, and for any subsequent offense, he or she shall be guilty of a170 |
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| 209 | 209 | | felony and, upon conviction thereof, shall be imprisoned for not less than two years and171 |
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| 210 | 210 | | not more than five years.172 23 LC 39 3735 |
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| 211 | 211 | | H. B. 554 |
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| 212 | 212 | | - 8 - |
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| 213 | 213 | | (i) For the purpose of imposing a sentence under this subsection, a plea of nolo contendere173 |
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| 214 | 214 | | or first offender treatment by a court of competent jurisdiction based on a violation of this174 |
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| 215 | 215 | | Code section shall constitute a conviction.175 |
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| 216 | 216 | | (j) Nothing in this Code section shall in any way operate or be construed to affect, repeal,176 |
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| 217 | 217 | | or limit the exemptions provided for under Code Section 16-11-130."177 |
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| 218 | 218 | | SECTION 4.178 |
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| 219 | 219 | | Said article is further amended by revising Code Section 16-11-132, relating to possession179 |
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| 220 | 220 | | of handgun by person under the age of 18 years of age, as follows:180 |
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| 221 | 221 | | "16-11-132.181 |
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| 222 | 222 | | (a) For the purposes of this Code section, a handgun is considered loaded if there is a182 |
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| 223 | 223 | | cartridge in the chamber or cylinder of the handgun.183 |
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| 224 | 224 | | (b)(a)(1) Notwithstanding any other provisions of this part and except as otherwise184 |
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| 225 | 225 | | provided in this Code section, it shall be unlawful for any no person under the age of 18185 |
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| 226 | 226 | | years to shall possess or have under such person's control a handgun.186 |
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| 227 | 227 | | (2) Notwithstanding any other provisions of this part and except as otherwise provided187 |
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| 228 | 228 | | in this Code section, no person under the age of 21 years shall possess or have under such188 |
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| 229 | 229 | | person's control a semiautomatic assault weapon.189 |
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| 230 | 230 | | (3) A person convicted of a first violation of this subsection shall be guilty of a190 |
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| 231 | 231 | | misdemeanor and shall be punished by a fine not to exceed $1,000.00 or by imprisonment191 |
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| 232 | 232 | | for not more than 12 months, or both. A person convicted of a second or subsequent192 |
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| 233 | 233 | | violation of this subsection shall be guilty of a felony and shall be punished by a fine of193 |
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| 234 | 234 | | $5,000.00 or by imprisonment for a period of three years, or both. For the purpose of194 |
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| 235 | 235 | | imposing a sentence under this subsection, a plea of nolo contendere or first offender195 |
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| 236 | 236 | | treatment by a court of competent jurisdiction based on a violation of this Code section196 |
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| 237 | 237 | | shall constitute a conviction.197 23 LC 39 3735 |
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| 238 | 238 | | H. B. 554 |
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| 239 | 239 | | - 9 - |
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| 240 | 240 | | (c)(b) Except as otherwise provided in subsection (d) (c) of this Code section, the198 |
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| 241 | 241 | | provisions of subsection (b) (a) of this Code section shall not apply to:199 |
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| 242 | 242 | | (1) Any person under the age of 18 years who is:200 |
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| 243 | 243 | | (A) Attending a hunter education course or a firearms safety course;201 |
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| 244 | 244 | | (B) Engaging in practice in the use of a firearm or target shooting at an established202 |
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| 245 | 245 | | range authorized by the governing body of the jurisdiction where such range is located;203 |
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| 246 | 246 | | (C) Engaging in an organized competition involving the use of a firearm or204 |
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| 247 | 247 | | participating in or practicing for a performance by an organized group under 26 U.S.C.205 |
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| 248 | 248 | | Section 501(c)(3) which uses firearms as a part of such performance;206 |
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| 249 | 249 | | (D) Hunting or fishing pursuant to a valid license if such person has in his or her207 |
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| 250 | 250 | | possession such a valid hunting or fishing license if required; is engaged in legal208 |
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| 251 | 251 | | hunting or fishing; has permission of the owner of the land on which the activities are209 |
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| 252 | 252 | | being conducted; and the handgun or semiautomatic assault weapon, whenever loaded,210 |
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| 253 | 253 | | is carried only in an open and fully exposed manner; or211 |
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| 254 | 254 | | (E) Traveling to or from any activity described in subparagraphs (A) through (D) of212 |
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| 255 | 255 | | this paragraph if the handgun or semiautomatic assault weapon in such person's213 |
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| 256 | 256 | | possession is not loaded;214 |
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| 257 | 257 | | (2)(A) Any person under the age of 18 years who is on real property under the control215 |
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| 258 | 258 | | of such person's parent, legal guardian, or grandparent and who has the permission of216 |
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| 259 | 259 | | such person's parent or legal guardian to possess a handgun; or217 |
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| 260 | 260 | | (B) Any person over 18 years of age and under the age of 21 years who is on real218 |
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| 261 | 261 | | property under the control of such person or such person's parent, legal guardian, or219 |
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| 262 | 262 | | grandparent and who has the permission of such person's parent or legal guardian to220 |
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| 263 | 263 | | possess a semiautomatic assault weapon; or221 |
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| 264 | 264 | | (3)(A) Any person under the age of 18 years who is at such person's residence and222 |
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| 265 | 265 | | who, with the permission of such person's parent or legal guardian, possesses a handgun223 23 LC 39 3735 |
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| 266 | 266 | | H. B. 554 |
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| 267 | 267 | | - 10 - |
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| 268 | 268 | | for the purpose of exercising the rights authorized in Code Section 16-3-21 or 16-3-23;224 |
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| 269 | 269 | | or225 |
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| 270 | 270 | | (B) Any person over 18 years of age and under the age of 21 years who is at such226 |
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| 271 | 271 | | person's residence and who possesses a semiautomatic assault weapon for the purpose227 |
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| 272 | 272 | | of exercising the rights authorized in Code Section 16-3-21 or 16-3-23.228 |
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| 273 | 273 | | (d)(c) Subsection (c) (b) of this Code section shall not apply to any person under the age229 |
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| 274 | 274 | | of 18 years who has been convicted of a forcible felony or forcible misdemeanor, as230 |
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| 275 | 275 | | defined in Code Section 16-1-3, or who has been adjudicated for committing a delinquent231 |
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| 276 | 276 | | act under the provisions of Article 6 of Chapter 11 of Title 15 for an offense which would232 |
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| 277 | 277 | | constitute a forcible felony or forcible misdemeanor, as defined in Code Section 16-1-3,233 |
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| 278 | 278 | | if such person were an adult."234 |
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| 279 | 279 | | SECTION 5.235 |
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| 280 | 280 | | All laws and parts of laws in conflict with this Act are repealed.236 |
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