06 LC 28
2717
House
Bill 998
By:
Representatives Graves of the
12th,
Ehrhart of the
36th,
Day of the
163rd,
Jones of the
46th,
Sheldon of the
105th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of
Georgia Annotated, relating to carrying and possession of firearms, so as to
provide a short title; to provide for legislative intent; to provide a
definition; to provide that it shall be lawful for any person who may lawfully
possess firearms to park a motor vehicle on any property set aside for the
parking of a motor vehicle when the person is lawfully transporting and storing
a firearm or firearms in the motor vehicle and the firearm or firearms are
locked in or locked to the motor vehicle; to provide for certain civil immunity
for occurrences which result from, are connected with, or are incidental to the
use of a firearm which is being lawfully transported and stored in a locked
motor vehicle on any property set aside for the parking of motor vehicles; to
provide for an exception to such immunity; to provide for certain civil
remedies; to provide for related matters; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Part
3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia
Annotated, relating to carrying and possession of firearms, is amended by adding
a new Code Section 16-11-135 to read as follows:
∀16-11-135.
(a)
This Code section shall be known and may be cited as the
'Georgiás
Self-defense Act.'
(b)
It is the intent of this Code section to reinforce and protect the right of each
law-abiding citizen to enter and exit any parking lot, parking facility, or
space used for the parking of motor vehicles while such person is lawfully
transporting and storing a firearm or firearms in the motor vehicle and the
firearm or firearms are locked in or locked to the motor vehicle, to avail
himself or herself of temporary or long-term parking or storage of a motor
vehicle, and to prohibit any infringement of the right to lawful possession of
firearms when such firearms are being transported and stored in a vehicle for a
lawful purpose.
(c)
As used in this Code section, the term 'motor vehicle' means any automobile,
truck, minivan, sports utility vehicle, motorcycle, motor scooter, or any other
vehicle required to be registered under Georgia law.
(d)
It shall be lawful for any person who may lawfully possess firearms to park a
motor vehicle on any property set aside for the parking of a motor vehicle,
whether or not such property is designated as a parking lot, parking facility,
or parking space, when the person is lawfully transporting and storing a firearm
or firearms in the motor vehicle and the firearm or firearms are locked in or
locked to the motor vehicle. This subsection shall be liberally construed in
favor of the lawful use, ownership, and possession of firearms and other
weapons, including lawful self-defense.
(e)
No person or business entity shall be liable in any civil action for any
occurrence which results from, is connected with, or is incidental to the use of
a firearm which is being lawfully transported and stored in a locked motor
vehicle on any property set aside for the parking of motor vehicles as provided
in subsection (d) of this Code section, unless such person or owner of the
business entity commits a criminal act involving the use of such
firearm.
(f)(1)
A person who is aggrieved as a result of any policy or rule adopted by any
person or business entity in violation of subsection (d) of this Code section or
is prohibited or otherwise prevented by a person or business entity from parking
on any property set aside for the parking of a motor vehicle in violation of
subsection (d) of this Code section may bring a civil action in the appropriate
court against such person or business entity, including an action to enforce
this subsection. If a plaintiff prevails in a civil action related to a
violation of subsection (d) of this Code section, the court shall award actual
damages, enjoin further violations of this Code section, and award court costs
and
attorneýs
fees to the prevailing plaintiff.
(2)
An employee discharged by an employer or business entity for parking on any
property set aside for the parking of a motor vehicle in violation of subsection
(d) of this Code section, when such employee was lawfully transporting or
storing a firearm in a locked motor vehicle on property set aside by the
employer or business entity for the parking of motor vehicles as provided in
subsection (d) of this Code section, is entitled to full recovery as specified
in this paragraph. In the event the demand for such recovery is denied, the
employee may bring a civil action in the courts of this state against the
employer and shall be entitled to:
(A)
Reinstatement to the same position held at the time of his or her termination
from employment, or to an equivalent position;
(B)
Reinstatement of the
employeés
full fringe benefits and seniority rights, as appropriate;
(C)
Compensation, if appropriate, for lost wages, benefits, or other lost
remuneration caused by the termination; and
(D)
Payment of reasonable
attorneýs
fees and costs
incurred.∀
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.