05 LC 21
8349
House
Bill 793
By:
Representatives Stanley-Turner of the
53rd,
Coan of the
101st,
Amerson of the
9th,
and Franklin of the
43rd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 16-11-129 of the Official Code of Georgia Annotated, relating
to licenses to carry pistols or revolvers and temporary renewal permits, so as
provide that a person convicted of a felony offense arising out of the unlawful
manufacture, distribution, possession, or use of a controlled substance or other
dangerous drug shall be ineligible to obtain such license; to redefine the term
"convicted" for such purposes; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 16-11-129 of the Official Code of Georgia Annotated, relating to
licenses to carry pistols or revolvers and temporary renewal permits, is amended
by striking paragraph (5) of subsection (b) and inserting in lieu thereof the
following:
"(5)(A)
Any person, the provisions of paragraph (3) of this subsection notwithstanding,
who has been convicted of
an
a
felony offense arising out of the unlawful
manufacture, distribution, possession, or use of a controlled substance or other
dangerous drug.
(B)
As used in this paragraph, the term:
(i)
'Controlled substance' means any drug, substance, or immediate precursor
included in the definition of controlled substances in paragraph (4) of Code
Section 16-13-21.
(ii)
'Convicted' means a plea of guilty, a finding of guilt by a court of competent
jurisdiction, the acceptance of a plea of nolo contendere, or the affording of
first offender treatment by a court of competent
jurisdiction,
unless and until discharged without adjudication of guilt and exonerated as
otherwise provided by law, irrespective of
the pendency or availability of an appeal or an application for collateral
relief.
(iii)
'Dangerous drug' means any drug defined as such in Code Section
16-13-71."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.