25 LC 39 4498
House Bill 207
By: Representatives Crawford of the 89
th
, Oliver of the 84
th
, Westbrook of the 163
rd
, Willis
of the 55
th
, and Au of the 50
th
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
1
Annotated, relating to carrying and possession of firearms, so as to provide for the storage2
of a firearm within a motor vehicle or vessel; to provide for penalties; to provide for3
exceptions to the standards for the carrying of weapons within school safety zones, at school4
functions, or on a bus or other transportation furnished by a school; to provide for related5
matters; to repeal conflicting laws; and for other purposes.6
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
SECTION 1.8
Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated,9
relating to carrying and possession of firearms, is amended by revising subsections (a)10
through (c) and subsections (g) and (h) of Code Section 16-11-126, relating to having or11
carrying handguns, long guns, or other weapons, exceptions for homes, motor vehicles,12
private property, and other locations and conditions, and unlawful carrying of a weapon, as13
follows:14
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"(a) Any person who is not prohibited by law from possessing a handgun or long gun may15
shall be authorized to have or carry on his or her person a weapon or long gun while on his16
or her property or inside his or her home, motor vehicle, or place of business.17
(b) Any person who is not prohibited by law from possessing a handgun or long gun may18
shall be authorized to have or carry on his or her person a long gun in any location not19
otherwise prohibited by law.20
(c)(1) Any person who is a lawful weapons carrier may transport a handgun or long gun21
in any private passenger motor vehicle in a locked compartment of, in a locked container22
within, or in a locked firearms rack upon such motor vehicle; provided, however, that23
private property owners or persons in legal control of private property through a lease,24
rental agreement, licensing agreement, contract, or any other agreement to control access25
to such private property shall have the right to exclude or eject a person who is in26
possession of a weapon or long gun on their private property in accordance with27
paragraph (3) of subsection (b) of Code Section 16-7-21, except as provided in Code28
Section 16-11-135.29
(2) Any person who is a lawful weapons carrier may transport a handgun or long gun in30
any private vessel in a locked compartment of or in a locked container within such31
vessel."32
"(g)(1) Except as otherwise provided in subsections (a) through (f) of this Code section,33
no person shall carry a weapon unless he or she is a lawful weapons carrier.34
(2) A person commits the offense of unlawful carrying of a weapon when he or she35
violates the provisions of paragraph (1) of this subsection or subsection (c) of this Code36
section.37
(h) Upon conviction of the offense of unlawful carrying of a weapon, a person shall be38
punished as follows:39
(1) For the first offense, he or she shall be guilty of a misdemeanor and, upon conviction40
thereof, shall be punished by a fine not to exceed $500.00; and41
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(2) For the second offense within five years, as measured from the dates of previous
42
arrests for which convictions were obtained to the date of the current arrest for which a43
conviction is obtained, and for any subsequent offense, he or she shall be guilty of a44
felony and, upon conviction thereof, shall be imprisoned for not less than two years and45
not more than five years."46
SECTION 2.47
Said part is further amended in Code Section 16-11-127.1, relating to carrying weapons48
within school safety zones, at school functions, or on a bus or other transportation furnished49
by a school, by revising paragraphs (7), (8), and (17) of subsection (c) as follows:50
"(7) A lawful weapons carrier when such person carries or picks up a student within a51
school safety zone, at a school function, or on a bus or other transportation furnished by52
a school or a lawful weapons carrier when he or she has any weapon legally kept
stored53
within a vehicle pursuant to paragraph (1) of subsection (c) of Code Section 16-11-12654
when such vehicle is parked within a school safety zone or is in transit through a55
designated school safety zone;56
(8) A weapon possessed by a lawful weapons carrier which is under the possessor's57
control in a motor vehicle or which is in a locked compartment of a motor vehicle or one58
which is in a locked container in or a locked firearms rack which is on a motor vehicle59
which is being used by an adult over 21 years of age to bring to or pick up a student60
within a school safety zone, at a school function, or on a bus or other transportation61
furnished by a school, or when such vehicle is used to transport someone to an activity62
being conducted within a school safety zone which has been authorized by a duly63
authorized official or local board of education as provided by paragraph (6) of this64
subsection; provided, however, that this exception shall not apply to a student attending65
a public or private elementary or secondary school;"66
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"(17) Teachers and other personnel who are otherwise authorized to possess or carry
67
weapons, provided that any such weapon is in a locked compartment of a motor vehicle
68
or one which is in a locked container in or a locked firearms rack which is on a motor69
vehicle stored within a motor vehicle pursuant to paragraph (1) of subsection (c) of Code70
Section 16-11-126;"71
SECTION 3.72
All laws and parts of laws in conflict with this Act are repealed.73
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