Georgia Senate - 1995/1996 Sessions

SB 58 - Firearm Possession - unlawful when under influence

Page Numbers - 1/ 2/ 3

Code Sections - 16-11-170/ 16-11-171/ 16-11-172

1. Clay  37th             2. Newbill  56th


Senate Comm: S Judy     /         House Comm: Pub S      /                      
Senate Vote: Yeas 54    Nays 0                                                  
           ---------------------------------------------                        
              Senate          Action          House                             
           ---------------------------------------------                        
             1/12/95   Read 1st time          2/6/95                            
             2/1/95    Favorably Reported     3/9/95                            
             2/2/95    Read 2nd Time          2/7/95                            
             2/3/95    Read 3rd Time          3/14/95                           
             2/3/95    Passed/Adopted         3/14/95                           
             FA        Comm/Floor Amend/Sub   FS/FA                             
             3/14/95   Amend/Sub Agreed To                                      
             3/21/95   Sent To Governor                                         
             3/22/95   Signed by Governor                                       
             13        Act/Veto Number                                          
           ---------------------------------------------                        
Effective Date: 3/22/95 applicable to handgun sales after 1/1/96.               
                                                                                
Code Sections amended: 16-11-133, 16-11-170, 16-11-171, 16-11-172, 16-11-173,   
16-11-174, 16-11-175, 16-11-176, 16-11-177, 16-11-178, 16-11-179, 16-11-180,    
16-11-181, 16-11-182, 16-11-183, 16-11-184, 35-3-34, 35-3-37, 15-9-60           


SB 58                                             LC 9 8404S






                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Article 4 of Chapter 11 of Title 16 of the Official
  1- 2  Code of Georgia Annotated, relating to dangerous
  1- 3  instrumentalities and practices, so as to protect from
  1- 4  infringement the right of the people to keep arms and the
  1- 5  subsumed right to obtain firearms for security and
  1- 6  protection of person, property, and state; to provide for a
  1- 7  short title; to provide for authority; to provide for
  1- 8  findings; to prohibit use of funds for certain purposes; to
  1- 9  provide for furnishing of descriptions by each law
  1-10  enforcement official within the State of Georgia; to
  1-11  prohibit the imposition of certain fees; to require
  1-12  destruction of certain statements and records; to provide
  1-13  for penalties; to provide for an effective date; to provide
  1-14  for automatic repeal; to repeal conflicting laws; and for
  1-15  other purposes.

  1-16       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1-17  Article 4 of Chapter 11 of Title 16 of the Official Code of
  1-18  Georgia Annotated, relating to dangerous instrumentalities
  1-19  and practices, is amended by adding at the end thereof a new
  1-20  Part 5 to read as follows:

                          "Part 5

  1-21    16-11-170. (Index)

  1-22    (a) This part shall be known and may be cited as the 'No
  1-23    Brady Act.'

  1-24    (b) This part is enacted pursuant to Article I, Section I,
  1-25    Paragraph VIII of the Constitution of the State of
  1-26    Georgia.

  1-27    (c) The General Assembly finds that United States Public
  1-28    Law 103-159, also known as the Brady Act, is
  1-29    unconstitutional and violates the rights of the State of
  1-30    Georgia and its people under the Second and Tenth
  1-31    amendments to the Constitution of the United States.


                                 -1- (Index)

                                                  LC 9 8404S

  2- 1    (d) The General Assembly further finds that enforcement of
  2- 2    the right of the people to obtain firearms is properly an
  2- 3    issue of state-wide concern and intends to regulate by
  2- 4    general statute transactions pursuant to United States
  2- 5    Public Law 103-159.

  2- 6    16-11-171. (Index)

  2- 7    No funds appropriated pursuant to any provision of law may
  2- 8    be used:

  2- 9      (1) To require any law enforcement official or any other
  2-10      officer or employee of this state or any county or
  2-11      municipal corporation to perform a background check
  2-12      pursuant to 18 United States Code, Section 922,(s)(2),
  2-13      or to perform such a background check; or

  2-14      (2) To support, directly or indirectly, any person
  2-15      performing a background check pursuant to United States
  2-16      Public Law 103-159.

  2-17    16-11-172. (Index)

  2-18    (a) Not later than 30 days following the effective date of
  2-19    this part, and prior to any effective change in procedure,
  2-20    each law enforcement official within this state charged
  2-21    with receiving notice and statements pursuant to 18 United
  2-22    States Code, Section 922(s)(1)(A)(i)(III) and (IV), shall
  2-23    provide in writing to the Attorney General of the State of
  2-24    Georgia a description of the means by which a federal
  2-25    firearms licensee may verifiably provide such notice and
  2-26    transmit such statements to such official during normal
  2-27    business hours of any business day.

  2-28    (b) No state or local law enforcement official within this
  2-29    state may impose a fee for any action pursuant to or in
  2-30    connection with United States Public Law 103-159.

  2-31    (c) Any statement or record received, created, or
  2-32    processed by any law enforcement official in this state
  2-33    pursuant to 18 United States Code, Section 922(s)(1)(A)(i)
  2-34    shall be destroyed not later than ten days following the
  2-35    receipt, creation, or processing of such document.

  2-36    (d) Any person violating any provision of this Code
  2-37    section shall be imprisoned for not more than five days or
  2-38    fined not more than $1,000.00 or both."






                                 -2- (Index)

                                                  LC 9 8404S

                         SECTION 2.

  3- 1  This Act shall become effective upon its approval by the
  3- 2  Governor or upon its becoming law without such approval.

                         SECTION 3.

  3- 3  This Act shall stand repealed in its entirety effective
  3- 4  December 31, 1998.

                         SECTION 4.

  3- 5  All laws and parts of laws in conflict with this Act are
  3- 6  repealed.





































                                 -3- (Index)