Georgia HB826 Backdoor Campus Carry???

[BarryLee]

Here’s an issue that has been floating around Georgia ever since the end of the last legislative session. The issue is HB826 which was intended to allow schools more latitude and eliminate some of the “zero tolerance” requirements. However, some folks have been stating that the Bill actually now allows carry of firearms on school and college campuses.

The Governor and some legislatures are stating that the Bill does not allow campus carry and that the subsequent Bill HB60 defines where and when guns can be carried around schools. The Governor has asked the Attorney General for a quick ruling and one is expected soon since this is an election year. The current Governor has been a lukewarm supporter of the 2A, but did support HB60 as did his opponent. However, I did note that his opponent did not vote on HB826 at all, so was this an election year ploy or was he just out of the office?

I read the Bill, but will admit my legal experience is limited to some basic business law and a pocket Black’s Law dictionary. So, does anyone have an opinion on this issue? What about average citizens carrying guns into schools in general?

http://politics.blog.ajc.com/2014/05...tlink_homepage

http://www.legis.ga.gov/legislation/...0132014/HB/826

[BarryLee]

Ok, that was quick. Attorney General Sam Olens has issued a ruling today stating that HB60 and HB862 were indeed in conflict when it came to weapons in school zones. However, since HB60 was signed last he believes it is the final word on the issue. So, if you have a weapons license firearms are allowed in your car, but nowhere else on school grounds. So, I guess we’ll see if there’s any challenge to the Attorney General’s ruling.

While I carry whenever possible and support carrying in automobiles on school grounds I’m not sure carrying inside school buildings was a good idea. I know it would have never openly passed the legislature and would result in lots of negative press for our side. I also believe it might be just the issue to push those fence sitters over to the anti-gun camp.

http://politics.blog.ajc.com/2014/05...tlink_homepage

[ChuckS]

So, if you have a weapons license firearms are allowed in your car, but nowhere else on school grounds.

To clarify; this includes all schools: preschool, primary-secondary, and college campuses?

[BarryLee]

Yes, that is my understanding. I’ve linked to the Georgia Attorney General’s FAQ document for reference.

http://law.ga.gov/sites/law.ga.gov/f...Gun%20Laws.pdf

[Tom Servo]

Here's the language in question:

(6) A person who is licensed in accordance with Code Section 16-11-129 or issued a permit pursuant to Code Section 43-38-10, [when such person carries or picks up a student at a school building, school function, or school property] when he or she is within a school safety zone or on a bus or other transportation furnished by the a school or a person who is licensed in accordance with Code Section 16-11-129 or issued a permit pursuant to Code Section 43-38-10 when he or she has any weapon firearm legally kept within a vehicle when such vehicle is parked at such school property within a school safety zone or is in transit through a designated school safety zone;

The emphasized part was struck out. The implication is that anyone who has a license can carry on school property. Given how it's buried in there, we're going to see challenges on a few fronts.

The biggest problem is this: the Board of Regents runs the university system in Georgia, and they're opposed to campus carry. They have more money and entrenched influence than we do in the state. They're going to claim that HB 60 conflicts with it, they're going to claim that the language was snuck in under the radar, and they'll bring a court challenge if they have to.

This was really the wrong way to go about it.

The actual bill is here [pdf]. The pertinent part is on page 14.

[BarryLee]

Ok, it was only a matter of time before someone filed a suit challenging the prohibition on carrying guns in schools. Hugh Meyers has filed suit claiming that as a Georgia Weapons License holder the law allows him to carry on school property.

I’m not sure if someone in the legislature snuck this through at the last minute or if it was just bad rule making, but I don’t think this was the legislature’s intent. Regardless of your feelings on this issue it should be resolved via open honest debate and not by some legislative shenanigans or mistake. Also, this has the potential to generate negative press for the right to carry.

http://www.ajc.com/news/news/crime-l...un-to-d/ng6xw/

[Tom Servo]

A few weeks back, the governor was quoted as saying he was aware of the discrepancy between the two bills' language. He claimed he signed HB 60 after HB 826 because it would invalidate the campus-carry language in the former bill.

However, I'm not sure how his stated intent would affect a judge's decision on the matter.