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SB 0270 - Firearms; authorize qualified retired law enforcement officers to carry handgun anywhere within this state

Tracking Level: Monitor
Sponsor: Martin IV, P. K. 9th
Last Action: 5/3/2016 - Senate Date Signed by Governor
Senate Committee: PUB SAF
House Committee: PS&HS
Assigned To:
08. Probate CourtsNext Bill

Staff Analysis of the Legislation

            SB 270 seeks to amend Article 4 of Chapter 9 of Title 16 of the O.C.G.A. relating to fraud and related offenses.

            New Code Section 16-9-63 is added to affirm that it is unlawful for any individual to make false statements or representations that he or she is a military veteran or recipient of a military decoration with the intentions of securing a tangible benefit for himself or herself. Additionally, the individual cannot appear in court with the intent of deception wearing the uniform or any military decorations without authorization. Any person who violates this Code Section shall be guilty of a misdemeanor, though if the violation involves a military medal award, the person will be guilty of a misdemeanor of a high and aggravated nature. Such violation will be considered a separate offense and shall not merge with any other offense.

            Revisions to Code Section 6-10-28 delineate the scenarios in which an individual commits the offense of transmitting a false public alarm. A violation of this section shall be punished for a misdemeanor of a high and aggravated nature and a second or subsequent violation shall be punished for a felony by imprisonment between 1-10 years and/or a fine of not less than $5,000. If the location of the violation is critical infrastructure, the person shall be guilty of a felony and shall be punished by imprisonment between 5-10 years and/or a fine of not more than $100,000.

            Subsections (e) and (f) of Code Section 16-11-126 is expanded to specify that any person who is not a weapons carry license holder in this state yet is licensed in another state shall be authorized to carry a weapon in this state for 90 days after he or she becomes a resident of this state; provided that the person shall carry the weapon in compliance with the laws of this state and as soon as practicable submit a weapons carry license application and remains licensed in the other state for the duration of time before the application is approved. Additionally, any person with a valid hunting or fishing license on his or her person who is otherwise engaged in such activity may have or carry on his or her person a knife without a valid weapons carry license.

            Paragraph (2) of subsection (e) of Code Section 16-11-127 is revised to specify that a license holder shall not be in violation of this Code Section in relation to carrying weapons in places of worship if such individual immediately leaves such place of worship while carrying the weapon upon personal notification by such place of worship that he or she is carrying a weapon in a locale which does not permit them to do so.

            New subsection (a.1) is added to Code Section 16-11-129 on gun safety information. It permits the judge of the probate court to provide applications with printed information on gun safety insofar as it offers practical advice for gun safety and the source of the material is prominently displayed on the pamphlet. Further, the Department of Natural Resources shall maintain on its principal, public website information which provides resources for information on hunter education and classes and courses in this state that render instruction in gun safety. Such courses are not required, and solely offered for the convenience of the citizens of Georgia. Neither the judge nor the department shall be liable for any personal injuries or damage to property arising from conformance to this Code Section.

            Subsection (c) of Code Section 16-11-127.2 is revised shall provide exemptions to persons who are citizens of this state and follow a prescribed set of guidelines in reference to their status as law enforcement officers.

            Subsection (c) of Code Section 42-2-8 is revised to include ant person designated and serving in the position of the commissioner’s chief of staff to the individuals authorized to issue warrant for the arrest of an offender who has escaped from the custody of the department.

            Revisions to Code Section 42-9-9 include the permission for various officers to retain his or her board issued weapon and badge upon retirement or death in the line of duty.

            Subsection (b) of Code Section 42-9-90 is revised to increase the application fee from $25.00 to $100.00 when a nonindigent adult applies to transfer his or her supervision from Georgia to any other state or territory.

            Section 7 of this Act shall become effective on July 1, 2016 and shall apply to offenses committed on or after such date. All other sections become effective upon its approval from the Governor or its becoming law without such approval. 


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