08 LC 28
3860
Senate
Bill 339
By:
Senators Hill of the 32nd, Heath of the 31st, Mullis of the 53rd, Goggans of the
7th, Rogers of the 21st and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Part 1 of Article 1 of Chapter 3 of Title 12 of the Official Code of
Georgia Annotated, relating to general provisions concerning parks, historic
areas, memorials, and recreation, so as to provide that persons who have valid
firearms licenses shall be authorized to possess and carry firearms in state
parks, historic sites, and recreational areas; to amend Part 1 of Article 1 of
Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to
general provisions concerning hunting, so as to provide that persons who have
valid firearms licenses shall be authorized to possess and carry firearms in
wildlife management areas; 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
1 of Article 1 of Chapter 3 of Title 12 of the Official Code of Georgia
Annotated, relating to general provisions concerning parks, historic areas,
memorials, and recreation, is amended by revising subsection (o) of Code Section
12-3-10, relating to prohibited acts in state parks, historic sites, and
recreational areas, as follows:
"(o)
It shall be unlawful for any person to use or possess in any park, historic
site, or recreational area any fireworks, explosives, or firecrackers, unless
stored so as not to be readily accessible or unless such use has been approved
by prior written permission of the commissioner of natural resources or his
authorized representative. It shall also be unlawful for any person to use or
possess in any park, historic site, or recreational area any firearms, bows and
arrows, spring guns, air rifles, slingshots, or any other device which
discharges projectiles by any means, unless the device is unloaded and stored so
as not to be readily accessible or unless such use has been approved within
restricted areas by prior written permission of the commissioner of natural
resources or his authorized
representative;
provided, however, that a person who has a valid license issued pursuant to Code
Section 16-11-129 may possess and carry a pistol, revolver, or other concealable
firearm in a park, historic site, or recreational area provided such pistol,
revolver, or other concealable firearm is possessed and carried in accordance
with the provisions of Part 3 of Article 4 of Chapter 11 of
Title 16."
SECTION
2.
Part
1 of Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia
Annotated, relating to general provisions concerning hunting, is amended by
revising Code Section 27-3-1.1, relating to acts prohibited on wildlife
management areas, as follows:
"27-3-1.1.
It
shall be unlawful for any person on any wildlife management area owned or
operated by the department:
(1)
To possess a firearm during a closed hunting season for that area unless such
firearm is unloaded and stored in a motor vehicle so as not to be readily
accessible;
provided, however, that a person who has a valid license issued pursuant to Code
Section 16-11-129 may possess and carry a pistol, revolver, or other concealable
firearm in a wildlife management area provided such pistol, revolver, or other
concealable firearm is possessed and carried in accordance with the provisions
of Part 3 of Article 4 of Chapter 11 of Title
16;
(2)
To possess a loaded firearm in a motor vehicle during a legal open hunting
season for that
area;
provided, however, that a person who has a valid license issued pursuant to Code
Section 16-11-129 may possess and carry a pistol, revolver, or other concealable
firearm in a wildlife management area provided such pistol, revolver, or other
concealable firearm is possessed and carried in accordance with the provisions
of Part 3 of Article 4 of Chapter 11 of Title
16;
(3)
To be under the influence of drugs, intoxicating liquors, beers, or wines. The
determination of whether any person is under the influence of drugs or
intoxicating liquors, beers, or wines may be made in accordance with Code
Section 27-3-7;
(4)
To hunt within 50 yards of any road which receives regular maintenance for the
purpose of public vehicular access;
(5)
To target practice, except where an authorized shooting range is made available
by the department, and then only in a manner consistent with the rules for
shooting ranges promulgated by the board;
(6)
To drive a vehicle around a closed gate, cable, sign, or other structure or
device intended to prevent vehicular access to a road entering onto or within
such an area;
(7)
To hunt within any posted safety zone;
(8)
To camp upon or drive a motor vehicle over any permanent pasture or area planted
in crops;
(9)
While hunting bears in any such area opened to bear hunting, to kill a female
bear with a cub or cubs or to kill a cub weighing less than 75
pounds;
(10)
To fail to report if he or she kills a deer, bear, or turkey in the manner
specified by the rules of the department for that wildlife management area on
the date killed to the state game and fish checking station on the
area;
(11)
To construct any tree stand or to hunt from any tree stand except a portable or
natural tree stand; or
(12)
To trap except with a special trapping permit issued by the
department."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.