GA's Second Amendment Protection Act of 2008

Adam5

New member
It's official !!! The GA Second Amendment Portection Act of 2008 was pre-filed yesterday as GA House Bill 915!!!

http://www.legis.ga.gov/legis/2007_08/fulltext/hb915.htm

I tried to paste the text of the bill, but the stricken through sections would not strike through, so I deleted the text and just left the link to it.

Thanks Pat H. for finding something that didn't make sense. That's how I found th eproblem with the strike through.
 
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Pat H

Moderator
(b) This Code section shall not apply to a federal law enforcement officer or a peace officer as defined in paragraph (2) of Code Section 35-8-2 in the performance of his or her duties or other person under such officer´s direct supervision."
This section/subsection should be stricken from the bill. Under the 10th Amendment, the state holds the power to arrest federal law enforcement for violations of state law, so the state law should apply to all.
 

Adam5

New member
I'll have to fix the text later. There were some sections of the old law that are sticken out of the text , that did not strike through on the posting.
 

budder

New member
Also, there will be a rally on January 10th at 10AM to show support for this bill. Please take some time off and show our legislators that we want this bill to pass.
 

Shamalama

New member
Below is a brief breakdown of what this important bill will do.

Section 2— Makes straw purchases a state crime. “Any person who attempts to solicit, persuade, encourage, or entice any dealer to transfer or otherwise convey a firearm other than to the actual buyer or who willfully and intentionally aids or abets any such person shall be guilty of a felony…”
Section 3—Modifies the carrying of a firearm in a vehicle to make it consistent with carrying in one's home or place of business. Law-abiding citizens can transport a firearm without displaying the firearm in “a fully open manner and exposed to view.”
Section 4—Repeal of the ambiguous public gathering laws that confuse police officers, prosecutors, courts, and gun owners alike.
Section 5—Allows law abiding citizens to protect themselves at universities and protects the rights of private property at private schools.
Section 6—Decriminalizes law abiding citizens openly carrying a pistol in a belt holster.
Section 7—Require Probate Courts to issue firearm licenses in a timely manner, which has been a significant problem in Georgia.
Section 8—Due process in enforcing firearm licenses. “the applicant may bring an action in mandamus or other legal proceeding in order to obtain a license, temporary license, or renewal license, and such applicant shall be entitled to recover his or her costs in such action, including reasonable attorney’s fees."
Section 9—Is a Katrina Law which prohibits law enforcement from confiscating firearms at a time when you may need them the most.
Section 10—Limit the emergency powers of the Governor regarding confiscating firearms.
 

NGIB

New member
I've emailed my state representative and senator asking them to support this bill. My rep came back and said that's his plan, haven't heard from my senator yet. I'd strongly encourage all Georgians to contact their state lawmakers and ask them to support this important legislation...
 

Tibu

New member
Oh my God... This is actually real? I must say an applaud is in order to the people that made this bill. I bet Georgians must be very proud of this, I would surely be.
 

Shamalama

New member
Tibu said:
Oh my God... This is actually real?

Sir, I assure you that this is both real and being pushed hard. The “Second Amendment Protection Act of 2008″, Georgia HB 915, sponsored by Rep. Timothy Bearden (R-68).

While Georgians may carry a pistol openly or concealed in a belt holster at their home or place of business without a license, the moment one steps into a car, the rules change, because a pistol in a belt holster is no longer open to the view of somebody on one side of the car, and is not, therefore “visible to all observers.” If passed, the Second Amendment Protection Act of 2008, HB 915, would make the law regarding carry in a car uniform with carrying in one’s home or place of business so that one is not automatically a criminal while driving between his home and place of business.

Many people do not realize that Georgia currently has more places off limits to carrying a firearm than any other state in the nation that permits the carry of a firearm. California has less places off limits than Georgia, which means that a Californian can carry in more places in anti-gun California, than a Georgian can in supposedly gun-friendly Georgia. The Second Amendment Protection Act of 2008 would bring Georgia’s carry laws into alignment with the will of the majority of Georgians.

While current Georgia law states that a firearms license should be issued in 60 days, it is taking 4 to 6 months in many counties, and many people have waited for over a year. At least one person waited 2.5 years in Fulton County. These delays are unconscionable, especially considering that the General Assembly added instantaneous background checks to the system in 2006. Known as the NICS check, this is an electronic check of federal and state criminal, mental health, and other records, and it generally takes about 90 seconds to run. The Second Amendment Protection Act of 2008 would finally make the local Probate Courts follow the law and provide timely issuance of licenses and renewals.

Members of GeorgiaCarry.org, along with other gun organizations, are busy emailing, telephoning, writing, and visiting our representatives. We're emailing and writing to local newspapers. We're on TV. We're trying to establish co-sponsors and get other legislators to climb aboard this legislation.

Georgia has much to be proud about concerning gun ownership. We were one of the first "shall issue states". We have Castle Doctrine laws.

But we have much to be ashamed about. The Georgia Constitution is not "bound" by the US Constitution, including the Second Amendment. The local Probate Courts are notorious about dragging their feet in issuing licenses. There are more places "off limits" to carrying than in California.

To many of us this is just as big Stand Your Ground and Shall Issue. We are taking this very seriously and we are working hard. I hope, one day soon, I will be able to announce that this bill has passed and been signed into law.
 

bushidomosquito

New member
Funny that it takes a lesser law to protect what should be the supreme law of the land. The constitution should be the end all be all of what can and can't be done. If anti's want to take on the second amendment is a state law going to stop them?
 
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