09 LC
21 0222
House
Bill 819
By:
Representatives Horne of the
71st,
Bearden of the
68th,
and Austin of the
10th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 16-11-130, relating to exemptions from prohibitions from
carrying a concealed weapon, carrying an explosive compound, firearm, or knife
at public gatherings, carrying weapons within a school safety zone, at school
functions, or on school property, carrying a firearm or weapon at a nuclear
power facility, and carrying a pistol without a license, so as to add to the
persons so exempt any person in possession of a license to carry a firearm; to
provide for an effective date; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 16-11-130, relating to exemptions from prohibitions relating to carrying
a concealed weapon, carrying an explosive compound, firearm, or knife at public
gatherings, carrying weapons within a school safety zone, at school functions,
or on school property, carrying a firearm or weapon at a nuclear power facility,
and carrying a pistol without a license, is amended by revising subsection (a)
as follows:
"(a)
Code Sections 16-11-126 through 16-11-128 shall not apply to or affect any of
the following persons if such persons are employed in the offices listed below
or when authorized by federal or state law, regulations, or order:
(1)
Peace officers, as such term is defined in paragraph (11) of Code Section
16-1-3, and retired peace officers so long as they remain certified whether
employed by the state or a political subdivision of the state or another state
or a political subdivision of another state but only if such other state
provides a similar privilege for the peace officers of this state;
(2)
Wardens, superintendents, and keepers of correctional institutions, jails, or
other institutions for the detention of persons accused or convicted of an
offense;
(3)
Persons in the military service of the state or of the United
States;
(4)
Persons employed in fulfilling defense contracts with the government of the
United States or agencies thereof when possession of the weapon is necessary for
manufacture, transport, installation, and testing under the requirements of such
contract;
(5)
District attorneys, investigators employed by and assigned to a district
attorney's office, assistant district attorneys, attorneys or investigators
employed by the Prosecuting Attorneys' Council of the State of Georgia, and any
retired district attorney, assistant district attorney, district attorneys
investigator, or attorney or investigator retired from the Prosecuting
Attorneys' Council of the State of Georgia, if such employee is retired in good
standing and is receiving benefits under Title 47 or is retired in good standing
and receiving benefits from a county or municipal retirement
system;
(6)
State court solicitors-general; investigators employed by and assigned to a
state court solicitor-general's office; assistant state court
solicitors-general; the corresponding personnel of any city court expressly
continued in existence as a city court pursuant to Article VI, Section X,
Paragraph I, subparagraph (5) of the Constitution; and the corresponding
personnel of any civil court expressly continued as a civil court pursuant to
said provision of the Constitution;
(7)
Those employees of the State Board of Pardons and Paroles when specifically
designated and authorized in writing by the members of the State Board of
Pardons and Paroles to carry a weapon;
(8)
The Attorney General and those members of his or her staff whom he or she
specifically authorizes in writing to carry a weapon;
(9)
Chief probation officers, probation officers, intensive probation officers, and
surveillance officers employed by and under the authority of the Department of
Corrections pursuant to Article 2 of Chapter 8 of Title 42, known as the
'State-wide Probation Act,' when specifically designated and authorized in
writing by the director of Division of Probation;
(10)
Public safety directors of municipal corporations;
(11)
Explosive ordnance disposal technicians, as such term is defined by Code Section
16-7-80, and persons certified as provided in Code Section 35-8-13 to handle
animals trained to detect explosives, while in the performance of their
duties;
(12)
State and federal trial and appellate judges, full-time and permanent part-time
judges of municipal and city courts, and former state trial and appellate judges
retired from their respective offices under state retirement;
(13)
United States Attorneys and Assistant United States Attorneys;
(14)
County medical examiners and coroners and their sworn officers employed by
county government;
and
(15)
Clerks of the superior
courts.;
and
(16)
Any person in possession of a valid license issued pursuant to Code Section
16-11-129."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.