Georgia HB 89 Passes - Say goodbye to the Public Gathering Clause

[Samuel Adams]

Maybe we can't say goodbye to the Public Gathering Clause. Can anybody verify that it's gone or yet another compromise has been made?

Guns allowed in more public places with bill's passage
Opponent says legislators will regret move

By ANDREA JONES
The Atlanta Journal-Constitution
Published on: 04/04/08

Georgians with weapons permits will be able to carry guns in far more places under a bill that passed both chambers Friday night.

An amended version of House Bill 89 allows holders of concealed weapons permits to carry guns into restaurants, state parks, and on MARTA trains and other public transportation. The legislation, which gun-rights proponents hailed as a major victory, also allows employees to leave weapons in parking lots as long as it's okay with the company.

Andrew Arulanandam, the spokesman for the National Rifle Association, which has been pushing hard for less restrictive gun laws in Georgia for more than two years, called it a "good piece of legislation."

"We're gratified that the bill passed," he said.

But business interests said they were pleased that one key provision of the bill, to permit employees to keep guns in cars parked on company lots, was watered down greatly. The bill gives property owners and those who lease property the right to forbid guns in their lots.

Still, Alice Johnson, of Georgians for Gun Safety, called the bill "deadly legislation."

"It's the most sweeping change in Georgia's history. It's awful," she said. "I think some of the folks who voted for it are going to regret it later."

Earlier this session, the Republican-backed Senate gutted the bill, restricting the guns-in-parking lot provisions. Senators found themselves in a precarious position —- locked between the powerful National Rifle Association that backed the legislation and business leaders who vehemently opposed it.

When it went back to the House, lawmakers amended the bill, expanding it to allow some Georgians to carry guns into churches, sporting events, state parks and public gatherings. Those provisions were stripped out in the final version.

The bill allows permit holders to carry guns into restaurants as long as more then half the profits of the establishment come from food. Those carrying guns are also prohibited from drinking.

The bill also speeds up the process for the renewal of gun permits, requiring probate court judges to respond within two business days following a request.

http://www.ajc.com/metro/content/me...4/guns_0405.html?cxntlid=homepage_tab_newstab

 

[VHinch]

The Public Gathering clause is not gone, but it has been weakened. The basics of HB89 as passed are:

Bloomberg straw purchase ban
Park, historic site, recreational area permitted
No GFL required for carry anywhere in a car
Public Gathering no longer includes restaurants which derive more than 50% of revenue from food.
Constables may carry, except where there is a courthouse security plan
Park, historic site, recreational area, "including all publicly owned buildings located in such parks, historic sites, and recreational areas
Wildlife Management Areas
Public transportation
No drinking while carrying
Probate starts background check within 2 days of receipt "of application or request" (intended to address DeKalb's appointments?)
Law enforcement reports back to probate within 30 days
Issue license within 10 days of receiving report.
Report must be stamped with date received from law enforcement
NRA parking lot language is in. No searching employees without cause. Exemptions for gated lots and public utilities, DoD contractors. Edit: Does appear to exempt employers who own their land.
Some stuff from the original bill about limiting liability for non-profits for disaster aid.

This is great progress, but not the end result we were all hoping for, so there is still much work to be done.

 

[Samuel Adams]

That's certainly a start. Here is a link to clarify things.

http://www.legis.state.ga.us/legis/2007_08/sum/hb89.htm

 

[VHinch]

Take note that the "Current Version" link there has not been updated to what was actually passed.

 

[Samuel Adams]

Thanks. I'll do some more research on the Bill.

 

[ronwill]

This will take effect July 1st if the Governor doesn't veto it, which is unlikely.

 

[moga]

I think the passage of HB89 is more then just a start. It's the most comprehensive overhaul of firearm law in Georgia history! This is a great day for the State of Georgia.

While it would have been nice to have the public gathering language stricken completely, the bill would NOT have passed in that form. Governor Purdue is DEAD SET against armed carry in churches, for instance. Our pro-gun legislators prudently realized that and took what they could grab in a huge victory for the pro RKBA side.

Rep Bearden and Senator Douglas, among others, have scored big for their constituents who did not give up hope when the outlook looked bleak. Thank you very much for all of your effort and leadership. Also, thankfully the good people of Georgia didn't let up on contacting their Senators and Representatives to voice our opinion that we wanted their support for the bill. We completely drowned the voices of the opposition's tired rhetoric about blood in the streets and drunken firefights in bars, etc.

Unless Purdue vetoes the measure, which it seems unlikely he will, this will go into law July 1st. Besides, we have to leave something for GeorgiaCarry.Org and friends under the dome to do next year. Needless to say, the PG statute's days are numbered, trust.

SAPA 2008 is alive and well in Georgia.

 

[AirForceShooter]

So now I can CCW in the Rest Area on I-95?

AFS

 

[moga]

This will take effect July 1st if the Governor doesn't veto it, which is unlikely.

Senator Carter, who was on the Conference Committee to amend HB 89 when it was known as Second Amendment Protection Act 2008, is Gov Perdue's Floor leader. I am sure they would not pass anything the Gov didn't want. Plus, the major sticking point was church carry for Purdue. According to those people in the know at GCO, who spoke with his office last night at 22:30. the Governor is not likely to oppose the bill in its current form.

Relax, and enjoy being here when the pro 2A side makes history.

 

[Gray Peterson]

Just an FYI:

The Georgia Firearms License is for both concealed and open carry.

 

[Ricky T]

Wonderful news for Georgians with GFL.

 

[ronwill]

Senator Carter, who was on the Conference Committee to amend HB 89 when it was known as Second Amendment Protection Act 2008, is Gov Perdue's Floor leader. I am sure they would not pass anything the Gov didn't want. Plus, the major sticking point was church carry for Purdue. According to those people in the know at GCO, who spoke with his office last night at 22:30. the Governor is not likely to oppose the bill in its current form.

Relax, and enjoy being here when the pro 2A side makes history.


I agree Moga, that's why I said it's unlikely that he would veto it. I through that in only because it is possible.

 

[moga]

This will take effect July 1st if the Governor doesn't veto it, which is unlikely.

I took this sentence to convey: It is unlikely that the governor does not veto it. It's all good though. I am siked beyond belief, personally, that this passed over the objections of the real estate people, the GA restaurant assoc, the hysterics and misleading info of the AJC and other papers, etc. It's like Christmas in April.



THANK YOU GUYS plus Sen Chip Rogers and our other supporters in the Capitol for getting r done.

 

[ronwill]

My apologies Moga, after rereading my post it did sound like I meant to say he "would" veto it. Sometimes grammar slips by me. I can't wait until July 1st myself. We all need to thank our reps and georgiacarry.org for their work.

 

[DJAteOhAte]

So now I can CCW in the Rest Area on I-95?

AFS

Not yet. The law does not go into effect until July 1, 2008.

 

[El Tejon]

Why would your Gov. be against carrying in churches?

What could be his rationale? Does he hate Christians?

 

[ronwill]

Why would your Gov. be against carrying in churches?

What could be his rationale? Does he hate Christians?

Georgia isn't the only state to restrict carry in a church. Even Texas has provisions for this. I would, however, like to see this removed. Maybe next session.

 

[Winchester 73]

Why would your Gov. be against carrying in churches?

What could be his rationale? Does he hate Christians

I don't for a moment believe the Governor hates Christians.He is one himself.
But his attitude regarding church carry is very strange.Perdue is among the most conservative politicians in America.
It has to be some personal hangup the Gov has about firearms and places of worship.
It's a shame ,because of course we know it makes no sense.
I carry every Sunday without fail at mass.There are no totally safe places.None.
Maybe next year GA.
Anyway,kudos on all the great progress.

 

[El Tejon]

If he is a Christian, why would he demand that they be defenseless?

Very strange, I do not understand. Undoubtably there are local factors at play.

 

[Winchester 73]

If he is a Christian, why would he demand that they be defenseless?

El Tejon,this is beyond my understanding.I cannot see into the mans mind.
Hopefully, he himself will give the public a detailed explanation of his reasoning on the matter.
I am at as much a loss as yourself on his perplexing attitude.

 

[jmr40]

Not a mind reader but my guess is that a lot of church leaders opposed this. Or at least he thinks they would. While there is no rational reason why, I know many religious leaders who would oppose such a law.

Sunday hunting is legal in Georgia, but many do not even realize it and would support a law to change it if it ever came up.

 

[DJAteOhAte]

Not a mind reader but my guess is that a lot of church leaders opposed this.

You don't have to be a mind reader: http://www.insideradvantagegeorgia....08/3-4-08/Christian_Coalition_Guns3419645.php

Christian Coalition Weighing-In For Expanded Carry Provision In Gun Bill Fight

(3/4/08) State Rep. Tim Bearden, who’s effort to liberalize Georgia’s gun-carry laws has placed him at the center of a long-running fight between the National Rifle Association and the Georgia Chamber of Commerce, says he’s picked up a new ally in the fight.

The Georgia Christian Coalition now is backing his effort to broaden carry rights for licensed Georgians, even into churches - the portion of the bill that attracted the Christian Coalition’s attention, Bearden said Tuesday.

The NRA has been working for two years now to get a parking lot guns bill that will protect the rights of workers to have concealed weapons in their cars on company lots. The Georgia Chamber has fought that, arguing it violates private property rights.

In the skirmishing last year, the NRA lost its bill on crossover day but hijacked a Bearden bill which had already passed the House and attached its measure to that. Even so, the parking lot guns issue never came to a vote in the 2007 session.

This year, the Senate passed a parking lot guns bill in name only, giving the Chamber a major victory over the NRA. The measure returned to the House, where Bearden amended it to include the new, expanded carry rights. It’s now in a House-Senate conference committee but there have been no meetings.

The Senate is prepared to kill the legislation. The NRA, now backing Bearden’s amended bill (along with the Georgia Christian Coalition) hasn’t waved the white flag yet.

 

[DJAteOhAte]

El Tejon,this is beyond my understanding.I cannot see into the mans mind.
Hopefully, he himself will give the public a detailed explanation of his reasoning on the matter.
I am at as much a loss as yourself on his perplexing attitude.

Given the absolutely asinine explanations Perdue has given for his opposition to Sunday alcohol sales, I wouldn't expect much from him on this issue, either.

 

[El Tejon]

That makes more sense. With churches all around the world being attacked it is beyond me, other than a motive of pure hatred for Christianity, why the government would render churches defenseless.

 

[jmr40]

Looks like my theory was wrong. Thanks for clearing that up DJAteOhAte.

While we did not get everything we wanted I am very pleased. In July I should be able to carry in most of the places I frequent anyway. It never made sense why I could legally walk down mainstreet carrying but could not hike in a WMA with a gun. This has been fixed now.