07 LC 29
2555
House
Bill 89
By:
Representatives Bearden of the
68th,
Horne of the
71st,
Hatfield of the
177th,
Maddox of the
172nd,
and Smith of the
168th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of
Georgia Annotated, relating to the carrying and possession of firearms, so as to
change certain provisions regarding the transportation of certain firearms; 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 the carrying and possession of firearms, is amended by
revising Code Section 16-11-126, relating to the offense of carrying a concealed
weapon, as follows:
"16-11-126.
(a)
A person commits the offense of carrying a concealed weapon when such person
knowingly has or carries about his or her person, unless in an open manner and
fully exposed to view, any bludgeon, metal knuckles, firearm, knife designed for
the purpose of offense and defense, or any other dangerous or deadly weapon or
instrument of like character outside of his or her home or place of business,
except as permitted under this Code section.
(b)
Upon conviction of the offense of carrying a concealed weapon, a person shall be
punished as follows:
(1)
For the first offense, he or she shall be guilty of a misdemeanor;
and
(2)
For the second offense, and for any subsequent offense, he or she shall be
guilty of a felony and, upon conviction thereof, shall be imprisoned for not
less than two years and not more than five years.
(c)
This Code section shall not permit, outside of his or her home, motor vehicle,
or place of business, the concealed carrying of a pistol, revolver, or
concealable firearm by any person unless that person has on his or her person a
valid license issued under Code Section 16-11-129 and the pistol, revolver, or
firearm may only be carried in a shoulder holster, waist belt holster, any other
holster, hipgrip, or any other similar device, in which event the weapon may be
concealed by the personīs clothing, or a handbag, purse, attache case,
briefcase, or other closed container. Carrying on the person in a concealed
manner other than as provided in this subsection shall not be permitted and
shall be a violation of this Code section.
(d)
This Code section shall not forbid the transportation of any firearm by a person
who is not among those enumerated as ineligible for a license under Code Section
16-11-129, provided the firearm is enclosed in a case, unloaded, and separated
from its ammunition.
(e)
This Code section shall not forbid any person who is not among those enumerated
as ineligible for a license under Code Section 16-11-129 from transporting a
loaded firearm in any private passenger motor vehicle
in an open
manner and fully exposed to view or in the glove compartment, console, or
similar compartment of the vehicle; provided, however, that any person in
possession of a valid permit issued pursuant to Code Section 16-11-129 may carry
a handgun in any location in a motor
vehicle.
(e)(f)
On and after October 1, 1996, a person licensed to carry a handgun in any state
whose laws recognize and give effect within such state to a license issued
pursuant to this part shall be authorized to carry a handgun in this state, but
only while the licensee is not a resident of this state; provided, however, that
such
licenseholder
license
holder shall carry the handgun in
compliance with the laws of this state."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.