Georgia: Historic Victory for the Second Amendment

[JohnC]

Georgia: Historic Victory for the Second Amendment

http://www.nraila.org/legislation/state-legislation/2014/3/georgia-historic-victory-for-the-second-amendment.aspx

Shortly before midnight last night, within the last hour before adjournment of the 2014 legislative session, House Bill 60 was agreed to in the state House of Representatives by a 112-58 vote and sent to Governor Nathan Deal (R) for his expected signature into law.

As previously reported, HB 60, as amended, had multiple transformations throughout this year’s session, and at one point was in real trouble of being watered down beyond repair. Thankfully, your activism through repeated phone calls, e-mails and visits to the Capitol carried the day. Your gun rights were not only preserved this year, but were restored and advanced further than they ever have in the history of the Peach State. This truly is an historic day for Georgia gun owners, shooters and sportsmen.

Upon the Governor’s signature, HB 60 will enact the following pro-gun reforms for all law-abiding gun owners in Georgia:
•Remove fingerprinting for renewal of Weapons Carry Licenses (WCL).
•Prohibit the state from creating and maintaining a database of WCL holders.
•Create an absolute defense for the legal use of deadly force in the face of a violent attack.
•Lower the age to obtain a concealed WCL for self-defense from 21 to 18 for active duty military, with specific training.
•Allows for the use of firearm sound suppressors while hunting.
•Repeal the unnecessary and duplicative state-required license for a firearms dealer, instead requiring only a Federal Firearms License (FFL).
•Prohibit a ban on firearms in public housing, ensuring that the right to self-defense should not be infringed based on where one calls home.
•Codify the ability to legally carry, with a WCL, in sterile/non-secure areas of airports.
•Require reporting those persons who have been involuntarily hospitalized or have been adjudicated mentally deficient to the NICS system while also providing the ability for relief through an application process to the court system allowing for restoration of gun rights.
•State that under a declared state of emergency, all law-abiding gun owners will not have their Second Amendment rights restricted or infringed by executive authority through Emergency Powers protection.
•Strengthen current firearms preemption statutes through further clarification of the regulatory authority of local governments, excluding firearm discharge ordinances.
•Remove the sweeping restrictions on legally carrying a firearm with a WCL in bars, leaving this decision to private property owners.
•Allowing for churches to opt-in for legal carry with only a civil penalty of a $100 if a person happens to carry into a prohibited church unknowingly.

This resounding victory must first and foremost be credited to our members, who tirelessly worked to ensure that passage of this bill was possible. We also thank the following state lawmakers who went above and beyond this year and were critical in seeing this bill through to the end. The NRA’s gratitude cannot be conveyed enough to the below state legislators for their unwavering support:

- House Speaker David Ralston (R-7)
- Representative Rick Jasperse (R-11), original bill sponsor
- Representative Alan Powell (R-32)
- Representative John Meadows (R-5)
- Representative Jay Roberts (R-155)
- Representative Mandi Ballinger (R-23)
- Representative Dusty Hightower (R-68)
- Representative Stephen Allison (R-8)
- President Pro Tem David Shafer (R-48)
- Senator Bill Heath (R-31), original bill sponsor
- Senator Tyler Harper (R-7)
- Senator Butch Miller (R-49)
- Senator Jeff Mullis (R-53)
- Senator Ross Tolleson (R-20)
- Senator Mike Dugan (R-30)
- Senator Jack Murphy (R-27)
- Lieutenant Governor Casey Cagle

These elected men and women were critical to the passage of this important and significant pro-gun legislative package, not only with their votes but also with their outspoken support and actions throughout the entire 2014 session. Your NRA would also like to thank the pro-gun group, Georgia Carry, for working alongside us to get this bill passed and sent to Governor Deal for his signature.

While we fully expect Governor Deal to sign HB 60 into law, please contact the Governor and politely ask that HB 60 receive his signature in the coming days. Governor Deal can be reached at (404) 656-1776 and by e-mail here.

Please stay tuned to your e-mail inbox and www.nraila.org for further updates.

[dawgdoc]

This is quite unlike the last gun bill that we tried to pass in Georgia, in which the NRA interference ended up sinking the bill.  The NRA was much more cooperative with GeorgiaCarry.Org this time around.

 

It's funny that they thank Lt. Governor Casey Cagle; he was one of the main reasons that campus carry was removed, and he violated Senate rules to turn the original church carry into opt-in church carry.  He allowed a non-recorded vote on the amendment that made the change so that his Republican minions could try to poison the bill and then say they voted for the entire amended bill.

 

The original gun bill was poisoned in a Senate committee, apparently at the behest of Governor Deal in exchange for a judge appointment for the chairman; the House maneuvered around those manipulations by amending most of the language of that bill to a separate bill that had already been passed by the Senate last year.  So we can thank Lt. Gov. Cagle for doing his job and calling the new bill for a vote (but really, he would have been happy to pass nothing this year).

[daddyo]

A gun control group called "Americans for Responsible Solutions" is proclaiming this a "victory" because campus carry (included in the bill) was voted down.  :rofl:

 

These people are completely out of touch with reality.

Edited March 22, 2014 by daddyo

[Erik88]

I'm glad to see this for our GA brethren. One thing FL needs to clarify is what the law actually means when there is a state of emergency here. We are not completely positive if we can still carry during a state of emergency. Given the fact that we are always faced with hurricanes this could be a big problem. 

[A.J. Holst]

Church carry? What is guv'mint doing interceding in church matters (again)

[Worriedman]

This is quite unlike the last gun bill that we tried to pass in Georgia, in which the NRA interference ended up sinking the bill.  The NRA was much more cooperative with GeorgiaCarry.Org this time around.

 

It's funny that they thank Lt. Governor Casey Cagle; he was one of the main reasons that campus carry was removed, and he violated Senate rules to turn the original church carry into opt-in church carry.  He allowed a non-recorded vote on the amendment that made the change so that his Republican minions could try to poison the bill and then say they voted for the entire amended bill.

 

The original gun bill was poisoned in a Senate committee, apparently at the behest of Governor Deal in exchange for a judge appointment for the chairman; the House maneuvered around those manipulations by amending most of the language of that bill to a separate bill that had already been passed by the Senate last year.  So we can thank Lt. Gov. Cagle for doing his job and calling the new bill for a vote (but really, he would have been happy to pass nothing this year).

Who is the Georgia Lobbyist for the NRA?  The new guy in TN has yet to make contact with any of the grassroots groups in TN, nor has he contacted Mae Beavers once since session started, or before.  And yet, they keep publicizing that there are strides being made in TN,are they just simply that stupid, or are they trying to bolster some image?

[daddyo]

Church carry? What is guv'mint doing interceding in church matters (again)

 

Has nothing to do with so-called "separation of church and state". Government is doing what government should be doing - getting out of the way.

[sigmtnman]

Has nothing to do with so-called "separation of church and state". Government is doing what government should be doing - getting out of the way.

 

Agreed.  If the government forced churches to allow carry, that would be interceding.

[dawgdoc]

Who is the Georgia Lobbyist for the NRA?  The new guy in TN has yet to make contact with any of the grassroots groups in TN, nor has he contacted Mae Beavers once since session started, or before.  And yet, they keep publicizing that there are strides being made in TN,are they just simply that stupid, or are they trying to bolster some image?

There was a woman from the NRA at the House committee meeting, but I don't remember her name. I'm pretty sure she was there as an official rep of the NRA.

Georgia is currently one of only three states that specifically prohibits carrying in church, which would change if/when this bill becomes law. Right now, even if the pastor wanted to carry for his own protection, the state forbids it. Small church that wants to use a non-LEO parishoner as armed security? Illegal under current law. We wanted to return private property rights to churches; this bill is a step in the right direction.

[dawgdoc]

The way some of the opposition clergy were talking, you would have thought that we were trying to force churches to allow any armed individual in. The original version of the bill merely removed churches from the list of prohibited places. Any church would still be able to ban anyone for any reason, just like other property owners. These clergy were wringing their hands that they would have tell someone they weren't welcome. They liked being able to point to a higher authority and say, "sorry, this is the law." They wanted to wash their hands of any decision that would offend someone. Sound familiar?

It amazes me that they wanted the state to interfere with their affairs. Also, the original prohibition against carrying in church was aimed at freed blacks who only felt safe when congregating in their churches. Martin Luther King, Jr.'s sister even spoke at a Senate hearing. See if you can get her logic: her mother was killed by a prohbited person in their church during a time when guns in church were illegal, and therefore thought that allowing guns to be carried by licensed individuals would result in similar tragedies.

[dawgdoc]

A little update that might interest some of you.  HB826 was also passed and signed by the governor.  Most people thought the bill just removed some of the lunacy associated with zero-tolerance weapon violations in K-12 schools.  One of the changes, however, removed some key language that previously stated the law did not apply to Georgia Weapons License holders "when picking up or dropping off a student" in a school zone.  That part in quotes was removed, so the law now says that GWL holders are exempt when in a school zone.  It also redefined school zone to be K through college.  The bill passed with only 2 Senators voting against.

 

Basically, Georgia legalized campus carry for license holders.

 

However, everyone from the legislators who voted for it to the Governor to now the Attorney General are trying to say the law doesn't say exactly what it says.  HB60 left the original language in; HB826 changed the language.  They are trying to say that HB60 changed the law back because it was signed last.  However, that only applies when two passed laws directly conflict, which these do not.  Also, originally it appeared that HB60 was signed first, but now the record on the website has been changed to make it look like it was signed last.  GeorgiaCarry.Org fully expects to have to sue to get the State to follow the law as written.  

 

The sad part is either that the legislators and governor passed a law without knowing what was in it (unlikely for the governor, who has a team to review bills before signing), or they passed it with the intention of immediately trying to circumvent what it does.

[Worriedman]

The sad part is either that the legislators and governor passed a law without knowing what was in it (unlikely for the governor, who has a team to review bills before signing), or they passed it with the intention of immediately trying to circumvent what it does.

And is anybody surprised that an individual, or gaggle of, politicians would attempt to get their name on a bill and then try to change what it does?