Georgia House of Representatives - 1995/1996 Sessions

HB 1789 - Handguns; license to carry; amend certain prohibition provisions

Page Numbers - 1/ 2

1. Crews  78th            2. Jenkins  110th


House Comm: SJudy      /                Senate Comm:            /                                   
House Vote: Yeas       Nays             Senate Vote: Yeas     Nays                                  
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               House          Action         Senate                                                 
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              2/21/96  Read 1st Time                                                                
              2/26/96  Read 2nd Time                                                                
              2/27/96  Favorably Reported                                                           
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Code Sections amended: 16-11-129                                                                    


HB 1789                                            LC 10 1725






                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Code Section 16-11-129 of the Official Code of
  1- 2  Georgia Annotated, relating to procurement of a license to
  1- 3  carry a pistol or revolver, so as to change the provisions
  1- 4  relating to the prohibition against granting a license to
  1- 5  any person convicted of certain drug offenses; to change the
  1- 6  definition of the term "convicted"; to repeal conflicting
  1- 7  laws; and for other purposes.

  1- 8       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                        SECTION  1.

  1- 9  Code Section 16-11-129 of the Official Code of Georgia
  1-10  Annotated, relating to procurement of a license to carry a
  1-11  pistol or revolver, is amended by striking in its entirety
  1-12  paragraph (5) of subsection (a) and inserting in lieu
  1-13  thereof a new paragraph (5) to read as follows:

  1-14        "(5)(A) Any person, the provisions of paragraph (3) of
  1-15        this subsection notwithstanding, who has been
  1-16        convicted of an offense arising out of the unlawful
  1-17        manufacture, distribution, possession, or use of a
  1-18        controlled substance or other dangerous drug.

  1-19        (B) As used in this paragraph, the term:

  1-20          (i) 'Controlled substance' means any drug,
  1-21          substance, or immediate precursor included in the
  1-22          definition of controlled substances in paragraph (4)
  1-23          of Code Section 16-13-21.

  1-24          (ii) 'Convicted' means a plea of guilty, a finding
  1-25          of guilt by a court of competent jurisdiction, the
  1-26          acceptance of a plea of nolo contendere, or the
  1-27          affording of first offender treatment by a court of
  1-28          competent jurisdiction irrespective of the pendency
  1-29          or availability of an appeal or an application for
  1-30          collateral relief; provided, however, that the term
  1-31          'convicted' shall not include any person placed on
  1-32          probation as a first offender for a misdemeanor



                                 -1- (Index)

                                                  LC 10 1725

  2- 1          violation who has fulfilled the terms and conditions
  2- 2          of probation and who has been discharged and had the
  2- 3          proceedings against him or her dismissed without
  2- 4          court adjudication of guilt.

  2- 5          (iii) 'Dangerous drug' means any drug defined as
  2- 6          such in Code Section 16-13-71."
Handguns; license to carry; amend certain prohibition provisions 1789
                        SECTION  2.

  2- 7  All laws and parts of laws in conflict with this Act are
  2- 8  repealed.






































                                 -2- (Index)