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All laws and parts of laws in conflict with this Act are repealed.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 [email protected](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.
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 [email protected](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.
