FROM THE GOLD DOME
By Steve Hardin
As previously mentioned, the Georgia Legislative sessions are in two year cycles and this report is a continuation of the 2009 session as it moves into 2010. There were 940 House Bills and 316 Senate Bills filed in 2009 and we can expect similar numbers for 2010. In 2009, I followed 15 House and Senate Bills that would affect gun owners if passed. Those Bills were put on the back burner last year with the reason informally implied to be that budget issues have priority. The State Budget this year is no better than last year. As of the writing of this report, we have one Senate Bill filed in 2010 that would affect gun owners. That Bill (SB 308) is the end results of a Senate Committee created to study the gun laws in Georgia with the hopes of fixing them. The majority of the gun bills filed in this two year session would fix some part of our broken gun laws by removing restrictions put on gun owners by our poorly written or antiquated State laws. On the flip side, we have one plain and simple antigun bill with several other bills that would create an inconvenience to gun owners. Below is my condensed version of what each bill filed in this two year session would do.
Legislative Bill’s that we support. SB-9 would simply remove the holster requirement from licensed concealed carry. HB-158 would create a lifetime concealed carry license that would not replace the National Instant Criminal Background Check System to purchase a firearm. HB-182 would exempt land owners with 5 or more acres from firearm discharge ordinances by counties and municipalities. HB-573 would clean up the school safety zone law and give law enforcement an option on whether violators bringing weapons on school property with intent to harm others or by mistake. HB-615 is a comprehensive bill that would change several Georgia code sections to include: 1. remove the holster requirement from licensed concealed carry, 2. redefine firearm license to weapons license to include knives, etc., 3. removes or strikes the ‘public gatherings’ portion from the concealed carry law and allows licensed concealed carry everywhere except courthouses, jails and prisons, 4. moves the process of obtaining a concealed carry license and renewals from the probate judges to the Secretary of State, 5. removes convictions of controlled substances as a reason for denial to obtain a concealed carry license, 6. removes control of firearm sales from the emergency powers of the Governor during declared emergencies, etc. HB-707 would remove state sales tax from ammo and ammo reloading components. SB-291 is basically a Senate version of HB-615. HB-860 would give churches the ability to permit or exclude licensed carry on the premises by respecting private property rights. This is another public gathering change to the concealed carry license. HB-819 would exempt holders of concealed carry licenses from public gathering law and school safety zone law. **SB-308** is another comprehensive gun bill drafted by a Senate study committee to fix many problems in Georgia gun laws and touches over a dozen Georgia code sections. It would clarify the poorly written ‘public gathering’ law of Georgia and specifically defines the locations that licensed concealed carry is not allowed (mostly government buildings and schools), it redefines weapons to handguns or knives for licensed concealed carry and removes the holster requirement for licensed concealed carry of handguns or knives, it reaffirms private property owner rights which would exempt churches as a place of public gathering, it removes parking lots from locations of where unauthorized carry is not allowed, if redefines ‘school safety zone’ to be grades 1 through 12 and remove places of higher education plus eliminates the 1000 foot buffer zone from the school safety zone law, it moves the licensing process to the Secretary of State and creates a revocation process, it creates an enhanced weapons license above the standard weapons license that would possibly satisfy reciprocity with states that require training as part of their licensing process like South Carolina, it allows licensed concealed carry in parks, historic sites and recreational areas, it allows licensed concealed carry while bow hunting, etc.
Legislative Bill’s that we oppose. SB-12 would require serialization (coding) of all handgun ammo manufactured or sold in Georgia. HB-259 would require state approved minimum training to obtain a concealed carry license. HB-260 would change the concealed carry license law to require a photo of the holder and change of address when the holder moves. HB-286 would require applicants for a concealed carry license to complete a handgun safety course.
Of all the bills mentioned above. In my opinion, SB 308 and HB 615 are the shining stars of all the gun bills in this session and both should rise to the top and receive enough votes to pass before crossover day. SB 308 has the credibility of being committee drafted and does what all the other bills want to do and is good for gun owners. The only issue with SB 308 that the Governor may oppose is allowing churches the right to determine that weapons may be carried on their property. At this point, I will take any pro-gun bill to avoid another stalemate year of no gun bills passing.
On the national front, the GSSA petitioner and involved in the McDonald versus Chicago case scheduled to be heard before the United States Supreme Court this spring. The basis of this case is to invalidate the Chicago ordinance that prohibits citizens from possessing or owning handguns in their homes and other aspects of gun registration regulations affecting rifles and shotguns. Should we win, it will finally reaffirm that the Second Amendment protects the individual rights of all Americans, not just those living in Washington, DC like the Heller case did when we won.
If you have any questions, please contact me at ATLFD@AOL.COM.