| 1 | 1 | | 25 LC 39 4498 |
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| 2 | 2 | | House Bill 207 |
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| 3 | 3 | | By: Representatives Crawford of the 89 |
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| 4 | 4 | | th |
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| 5 | 5 | | , Oliver of the 84 |
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| 6 | 6 | | th |
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| 7 | 7 | | , Westbrook of the 163 |
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| 8 | 8 | | rd |
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| 9 | 9 | | , Willis |
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| 10 | 10 | | of the 55 |
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| 11 | 11 | | th |
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| 12 | 12 | | , and Au of the 50 |
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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 Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia |
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| 18 | 18 | | 1 |
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| 19 | 19 | | Annotated, relating to carrying and possession of firearms, so as to provide for the storage2 |
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| 20 | 20 | | of a firearm within a motor vehicle or vessel; to provide for penalties; to provide for3 |
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| 21 | 21 | | exceptions to the standards for the carrying of weapons within school safety zones, at school4 |
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| 22 | 22 | | functions, or on a bus or other transportation furnished by a school; to provide for related5 |
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| 23 | 23 | | 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 | | Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated,9 |
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| 27 | 27 | | relating to carrying and possession of firearms, is amended by revising subsections (a)10 |
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| 28 | 28 | | through (c) and subsections (g) and (h) of Code Section 16-11-126, relating to having or11 |
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| 29 | 29 | | carrying handguns, long guns, or other weapons, exceptions for homes, motor vehicles,12 |
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| 30 | 30 | | private property, and other locations and conditions, and unlawful carrying of a weapon, as13 |
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| 31 | 31 | | follows:14 |
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| 32 | 32 | | H. B. 207 |
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| 33 | 33 | | - 1 - 25 LC 39 4498 |
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| 34 | 34 | | "(a) Any person who is not prohibited by law from possessing a handgun or long gun may15 |
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| 35 | 35 | | shall be authorized to have or carry on his or her person a weapon or long gun while on his16 |
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| 36 | 36 | | or her property or inside his or her home, motor vehicle, or place of business.17 |
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| 37 | 37 | | (b) Any person who is not prohibited by law from possessing a handgun or long gun may18 |
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| 38 | 38 | | shall be authorized to have or carry on his or her person a long gun in any location not19 |
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| 39 | 39 | | otherwise prohibited by law.20 |
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| 40 | 40 | | (c)(1) Any person who is a lawful weapons carrier may transport a handgun or long gun21 |
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| 41 | 41 | | in any private passenger motor vehicle in a locked compartment of, in a locked container22 |
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| 42 | 42 | | within, or in a locked firearms rack upon such motor vehicle; provided, however, that23 |
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| 43 | 43 | | private property owners or persons in legal control of private property through a lease,24 |
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| 44 | 44 | | rental agreement, licensing agreement, contract, or any other agreement to control access25 |
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| 45 | 45 | | to such private property shall have the right to exclude or eject a person who is in26 |
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| 46 | 46 | | possession of a weapon or long gun on their private property in accordance with27 |
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| 47 | 47 | | paragraph (3) of subsection (b) of Code Section 16-7-21, except as provided in Code28 |
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| 48 | 48 | | Section 16-11-135.29 |
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| 49 | 49 | | (2) Any person who is a lawful weapons carrier may transport a handgun or long gun in30 |
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| 50 | 50 | | any private vessel in a locked compartment of or in a locked container within such31 |
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| 51 | 51 | | vessel."32 |
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| 52 | 52 | | "(g)(1) Except as otherwise provided in subsections (a) through (f) of this Code section,33 |
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| 53 | 53 | | no person shall carry a weapon unless he or she is a lawful weapons carrier.34 |
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| 54 | 54 | | (2) A person commits the offense of unlawful carrying of a weapon when he or she35 |
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| 55 | 55 | | violates the provisions of paragraph (1) of this subsection or subsection (c) of this Code36 |
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| 56 | 56 | | section.37 |
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| 57 | 57 | | (h) Upon conviction of the offense of unlawful carrying of a weapon, a person shall be38 |
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| 58 | 58 | | punished as follows:39 |
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| 59 | 59 | | (1) For the first offense, he or she shall be guilty of a misdemeanor and, upon conviction40 |
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| 60 | 60 | | thereof, shall be punished by a fine not to exceed $500.00; and41 |
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| 61 | 61 | | H. B. 207 |
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| 62 | 62 | | - 2 - 25 LC 39 4498 |
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| 63 | 63 | | (2) For the second offense within five years, as measured from the dates of previous |
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| 64 | 64 | | 42 |
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| 65 | 65 | | arrests for which convictions were obtained to the date of the current arrest for which a43 |
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| 66 | 66 | | conviction is obtained, and for any subsequent offense, he or she shall be guilty of a44 |
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| 67 | 67 | | felony and, upon conviction thereof, shall be imprisoned for not less than two years and45 |
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| 68 | 68 | | not more than five years."46 |
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| 69 | 69 | | SECTION 2.47 |
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| 70 | 70 | | Said part is further amended in Code Section 16-11-127.1, relating to carrying weapons48 |
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| 71 | 71 | | within school safety zones, at school functions, or on a bus or other transportation furnished49 |
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| 72 | 72 | | by a school, by revising paragraphs (7), (8), and (17) of subsection (c) as follows:50 |
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| 73 | 73 | | "(7) A lawful weapons carrier when such person carries or picks up a student within a51 |
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| 74 | 74 | | school safety zone, at a school function, or on a bus or other transportation furnished by52 |
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| 75 | 75 | | a school or a lawful weapons carrier when he or she has any weapon legally kept |
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| 76 | 76 | | stored53 |
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| 77 | 77 | | within a vehicle pursuant to paragraph (1) of subsection (c) of Code Section 16-11-12654 |
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| 78 | 78 | | when such vehicle is parked within a school safety zone or is in transit through a55 |
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| 79 | 79 | | designated school safety zone;56 |
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| 80 | 80 | | (8) A weapon possessed by a lawful weapons carrier which is under the possessor's57 |
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| 81 | 81 | | control in a motor vehicle or which is in a locked compartment of a motor vehicle or one58 |
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| 82 | 82 | | which is in a locked container in or a locked firearms rack which is on a motor vehicle59 |
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| 83 | 83 | | which is being used by an adult over 21 years of age to bring to or pick up a student60 |
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| 84 | 84 | | within a school safety zone, at a school function, or on a bus or other transportation61 |
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| 85 | 85 | | furnished by a school, or when such vehicle is used to transport someone to an activity62 |
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| 86 | 86 | | being conducted within a school safety zone which has been authorized by a duly63 |
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| 87 | 87 | | authorized official or local board of education as provided by paragraph (6) of this64 |
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| 88 | 88 | | subsection; provided, however, that this exception shall not apply to a student attending65 |
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| 89 | 89 | | a public or private elementary or secondary school;"66 |
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| 90 | 90 | | H. B. 207 |
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| 91 | 91 | | - 3 - 25 LC 39 4498 |
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| 92 | 92 | | "(17) Teachers and other personnel who are otherwise authorized to possess or carry |
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| 93 | 93 | | 67 |
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| 94 | 94 | | weapons, provided that any such weapon is in a locked compartment of a motor vehicle |
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| 95 | 95 | | 68 |
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| 96 | 96 | | or one which is in a locked container in or a locked firearms rack which is on a motor69 |
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| 97 | 97 | | vehicle stored within a motor vehicle pursuant to paragraph (1) of subsection (c) of Code70 |
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| 98 | 98 | | Section 16-11-126;"71 |
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| 99 | 99 | | SECTION 3.72 |
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| 100 | 100 | | All laws and parts of laws in conflict with this Act are repealed.73 |
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| 101 | 101 | | H. B. 207 |
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| 102 | 102 | | - 4 - |
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