08
AM 28 0852
Representative
Bearden of the
68th
offers the following
amendment:
Amend
the Senate substitute to HB 89 (LC 38 0516S) by inserting after
"certain
firearms;" on line 7
on page 1 "to prohibit the carrying of
firearms and other weapons into certain buildings; to provide a definition; to
authorize the carrying of firearms in certain
locations;".
By
inserting after line 14 on page 3 the following:
SECTION
4.
Said
part is further amended by revising Code Section 16-11-127, relating to carrying
deadly weapons to or at public gatherings, as follows:
"16-11-127.
(a)
Except as provided in Code Section 16-11-127.1, a person
is
shall
be guilty of a misdemeanor when he or she
carries to
or while at a public gathering any
explosive compound, firearm, or knife designed for the purpose of offense and
defense into a
prohibited building.
(b)
For the purpose of this Code section,
'public
gathering' shall
include,
but shall not be limited to,
'prohibited
building' means buildings housing any of the following: professional or
college athletic or sporting events,
churches or
church functions, political rallies or
functions,
publicly
owned or operated buildings
government
offices, or establishments at which
alcoholic beverages are sold for consumption on the premises
and which
derive less than 50 percent of their total annual gross food and beverage sales
from the sale of prepared meals or food.
Nothing in this Code section shall otherwise prohibit the carrying of a firearm
in any other public place by a person licensed or permitted to carry such
firearm by this part.
(c)
This Code section shall not apply to competitors participating in organized
sport shooting events. Law enforcement officers, peace officers retired from
state or federal law enforcement agencies, judges, magistrates,
solicitors-general, and district attorneys may carry pistols in
publicly
owned or operated
government
office buildings.
(d)
It
is
shall
be an affirmative defense to a violation
of this Code section if a person notifies a law enforcement officer or other
person employed to provide security for a
public
gathering
prohibited
building of the presence of such item as
soon as possible after learning of its presence and surrenders or secures such
item as directed by
the
such
law enforcement officer or other person employed to provide security for
a public
gathering
such
prohibited building.
(e)
A person licensed or permitted to carry a firearm by this part shall be
permitted to carry such firearm, subject to the limitations of this part, in all
parks, historic sites, and recreational areas notwithstanding Code Section
12-3-10, in wildlife management areas notwithstanding Code Section 27-3-1.1 and
27-3-6, and in public transportation notwithstanding Code Sections 16-12-122
through 16-12-127; provided, however, that a person shall not carry a firearm
into a place prohibited by federal
law."
By
redesignating Sections 4 through 8 as Sections 5 through 9,
respectively.
By
striking lines 9 through 18 on page 4 and inserting in lieu thereof the
following:
required. The law enforcement agency shall return the application and the blank license form with the fingerprint thereon directly to the judge of the probate court within such time period. Not later than 60 ten days after the date of the application the judge of the probate court receives the report from the law enforcement agency concerning the suitability of the applicant for a firearms license, the judge of the probate court shall issue the such applicant a license or renewal license to carry any pistol or revolver if no unless facts establishing ineligibility have been reported and if or unless the judge determines the such applicant has not met all the qualifications, is not of good moral character, and has complied or has failed to comply with all any of the requirements contained in this Code section; provided, however, that if the report from the law enforcement agency contains information that, in the opinion of the judge of the probate court, requires further investigation, the judge of the probate court shall be authorized to investigate such information if such investigation is undertaken and pursued on an expedited basis. The judge of the probate court shall date stamp the report from the law enforcement agency to show the date on which the report was received by the judge of the probate court."
required. The law enforcement agency shall return the application and the blank license form with the fingerprint thereon directly to the judge of the probate court within such time period. Not later than 60 ten days after the date of the application the judge of the probate court receives the report from the law enforcement agency concerning the suitability of the applicant for a firearms license, the judge of the probate court shall issue the such applicant a license or renewal license to carry any pistol or revolver if no unless facts establishing ineligibility have been reported and if or unless the judge determines the such applicant has not met all the qualifications, is not of good moral character, and has complied or has failed to comply with all any of the requirements contained in this Code section; provided, however, that if the report from the law enforcement agency contains information that, in the opinion of the judge of the probate court, requires further investigation, the judge of the probate court shall be authorized to investigate such information if such investigation is undertaken and pursued on an expedited basis. The judge of the probate court shall date stamp the report from the law enforcement agency to show the date on which the report was received by the judge of the probate court."