GA getting in the game

This is a discussion on GA getting in the game within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; There are 2 new bills being proposed in the GA House. The 1st is the "Stand your ground" bill. Full text of Senate Bill 396Senate ...

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Thread: GA getting in the game

  1. #1
    Member Array Bags's Avatar
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    GA getting in the game

    There are 2 new bills being proposed in the GA House. The 1st is the "Stand your ground" bill.

    Full text of Senate Bill 396Senate Bill 396
    By: Senators Goggans of the 7th, Johnson of the 1st, Williams of the 19th, Whitehead of the 24th, Unterman of the 45th and others

    AN ACT
    To amend Article 2 of Chapter 3 of Title 16 of the Official Code of Georgia Annotated, relating to justification and excuse as a defense to certain crimes, so as to provide that a person who is attacked has no duty to retreat; to provide that such person has a right to meet force with force, including deadly force; to provide for an immunity from prosecution; to repeal conflicting laws; and for other purposes.
    BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
    SECTION 1.
    Article 2 of Chapter 3 of Title 16 of the Official Code of Georgia Annotated, relating to justification and excuse as a defense to certain crimes, is amended by inserting immediately following Code Section 16-3-23 a new Code section to read as follows:
    "16-3-23.1. A person who is not engaged in an unlawful activity and who is attacked in any place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or to another."
    SECTION 2.
    Said article is further amended by striking in its entirety Code Section 16-3-24.2, relating to immunity from prosecution and exception, and inserting in lieu thereof the following:
    "16-3-24.2.
    A person who uses threats or force in accordance with Code Section 16-3-23, 16-3-23.1, or 16-3-24 shall be immune from criminal prosecution therefor unless any deadly force, used by such person utilizes a weapon the carrying or possession of which is unlawful by such person under Part 2 or 3 of Article 4 of Chapter 11 of this title."
    SECTION 3.
    All laws and parts of laws in conflict with this Act are repealed.


    I like it's intent.

    The 2nd is House bill 998. This basiclly makes it ILLEAGAL for an employer to NOT allow you to carry a gun in your car on company property. ALL parking lots would be fair game for keeping a firearm in a car.

    "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

    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 'Georgia?s 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 attorney?s 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 employee?s 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 attorney?s fees and costs incurred."


    If you live in GA and want to support these bills, contact your elected officals. Sen Greg Goggans is pushing the 1st bill. His email is drgg@alltel.net(this was posted in the local paper, only reason I am giving it out)

    The NRA is pushing the 2nd. Which I think is great, I can't have a firearm in my car at my job. This would change that.

    If you oppose them I'd like to hear about it please.

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  3. #2
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    Well these are both two major improvements to any state carry statutes - I would dearly like to see them implemented everywhere.

    The other thing I want too - also badly - is a provision that debarrs any (proven) felon (if still alive, or family if he is dead) any right whatsover to sue the legal shooter thru a civil case.

    If a shoot is a good shoot - justified totally and not prosecutable by law - then all and any rights of civil action go - period!
    Chris - P95
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    Member Array CleaningAccident's Avatar
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    I would love to see that law passed in Florida as well. Florida seems to be the leader in gun rights and many other states follow suit if its successful here. If we can get a bill passed that protects a lawful shooter from civil action, it will most likely be copied by other states. I think Florida will eventually do so, as more civil cases against shooters arise.
    You better pray I dont jam, because my backup is a ball peen hammer.

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    VIP Member Array havegunjoe's Avatar
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    Question I thought that was part of Florida's new Stand Your Ground law?

    Quote Originally Posted by CleaningAccident
    I would love to see that law passed in Florida as well. Florida seems to be the leader in gun rights and many other states follow suit if its successful here. If we can get a bill passed that protects a lawful shooter from civil action, it will most likely be copied by other states. I think Florida will eventually do so, as more civil cases against shooters arise.
    I could have sworn protection from civil law suites was written into the Florida Stand Your Ground law. Somebody correct me here please.
    DEMOCRACY IS TWO WOLVES AND A LAMB VOTING ON WHAT TO HAVE FOR LUNCH. LIBERTY IS A WELL ARMED LAMB CONtestING THE VOTE.

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    Joe I think FL does indeed include that - I also am trying to think of the few other states that also cover that. Might be OK for one.

    But for me, all should do this, by default.
    Chris - P95
    NRA Certified Instructor & NRA Life Member.

    "To own a gun and assume that you are armed
    is like owning a piano and assuming that you are a musician!."


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    Senior Member Array mzmtg's Avatar
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    Emails sent!

    Thanks for the heads-up.

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    Well damn! I guess Ill have to go read that law. I didnt realize there was protection in that bill. Thanks for the notice.

    The good news is that if it is indeed a law here, many other states will eventually do the same.
    I agree that there should be a protection for a defenders right in any state.
    You better pray I dont jam, because my backup is a ball peen hammer.

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    Florida statute 776.032

    Quote Originally Posted by CleaningAccident
    Well damn! I guess Ill have to go read that law. I didnt realize there was protection in that bill. Thanks for the notice.

    The good news is that if it is indeed a law here, many other states will eventually do the same.
    I agree that there should be a protection for a defenders right in any state.
    It is indeed in the Florida statutes.
    Florida statute 776.032 reads:
    776.032 Immunity from criminal prosecution and civil action for justifiable use of force.--

    (1) A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force, unless the person against whom force was used is a law enforcement officer, as defined in s. 943.10(14), who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person was a law enforcement officer. As used in this subsection, the term "criminal prosecution" includes arresting, detaining in custody, and charging or prosecuting the defendant.

    (2) A law enforcement agency may use standard procedures for investigating the use of force as described in subsection (1), but the agency may not arrest the person for using force unless it determines that there is probable cause that the force that was used was unlawful.

    (3) The court shall award reasonable attorney's fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection (1).
    (Emphasis mine.)

    Here is a link.

    Good luck.
    Sarhog
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    Member Array CleaningAccident's Avatar
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    Excellent Sarhog. Thanks for the actual statutes.
    You better pray I dont jam, because my backup is a ball peen hammer.

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    Member Array Bags's Avatar
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    Quote Originally Posted by sarhog
    It is indeed in the Florida statutes.
    Florida statute 776.032 reads:

    (Emphasis mine.)

    Here is a link.

    Good luck.

    I can only hope GA does the same

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    And coming soon to Florida:

    SB-206 & HB-129 have been introduced in Florida and are Supported by NRA and Unified Sportsmen of Florida. SB-206, by Senator Durell Peaden (R-2) (Identical HB-129), "prohibits specified persons, employers, and business entities from establishing, maintaining, or enforcing any policy or rule that prohibits a person from parking motor vehicle on property set aside for such purpose when secured firearm or firearms are being lawfully transported and stored in the motor vehicle;and provides for specified immunity from liability for businesses." SB-206 amends 790.25, 27.53.
    You have to make the shot when fire is smoking, people are screaming, dogs are barking, kids are crying and sirens are coming.
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    Member Array sarhog's Avatar
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    Quote Originally Posted by Miggy
    And coming soon to Florida:
    SB-206 & HB-129 have been introduced in Florida....
    To all who shall read this thread: If you are a Floridian, please contact your Florida House and Senate members and urge them to support this bill.
    I would imagine that a majority already support it, but reminding them that it is the will of the people can't hurt.

    Good luck.
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    Senior Member Array CombatEffective's Avatar
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    It's good to see the home team swinging into action.
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  15. #14
    Member Array Bags's Avatar
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    Quote Originally Posted by CombatEffective
    It's good to see the home team swinging into action.

    BTW, I just read in the news today that CIVIL lawsuits will be covered as well on this bill and the DEMOCRATS support it

  16. #15
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    You gotta remember that a lot of GA democrats are to the right of most republicans in other states.
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