HB 875 - Safe Carry Protection Act
What is in House Bill 875
Churches / Bars
Removes churches and bars from the off limits list and treats them like every other piece of private property in GA in that the property owner has the right to eject a person from their property.
Government Buildings
Allows firearms in government buildings that are not restricted or screened by security personnel during the hours the building is open for business.
Public Housing
Require public housing to allow tenants to have firearms in their dwellings unless required by federal law or regulation.
Changes to school safety zones:
Licensed holder who is carrying on elementary school shall be guilty of a misdemeanor.
Any licensed holder who violates post secondary school safety zone shall not be arrested but shall be fined not more than $100.00.
For a person who is not a license holder the penalty is not more than $10,000.00 and imprisonment for not less than 2 nor more than 10 years or both.
A duly authorized official of a school can authorize a person to carry a weapon in a school safety zone, at school function or on a bus or other transportation furnished by the school
Allows local school system to allow teachers and administrators to carry in school safety zones and determine what training the school will require. Those selected to carry will remain unknown to the public.
Licensing:
Removes fingerprint requirement for license renewals
Provides for issuance of GWL to a person who is at least 18 years of age who has completed basic training in the armed forces and is either actively serving in the military or has been honorably discharged from the service.
Allows a person who has had his/her GWL revoked to be issued a GWL if the revocation was more than 3 years of the date of his or her application.
Restricts any person who has been adjudicated mentally incompetent to stand trial or who has been adjudicated not guilty by reason of insanity at the time of the crime
Allows GWL applicant the right to sue if they feel they are wrongfully denied a GWL and to recover their costs and reasonable attorney fees if they are the prevailing party.
Prohibits any person or entity from creating or maintaining a multijurisdictional data base of information regarding persons issued GWLs.
Airport Carry:
Codifies airport carry in non sterile areas. If a person knowingly enters airport screening with a weapon will be guilty of a misdemeanor unless it is with intent to commit a separate felony offense.
GWL When Carrying
Requires carrying of GWL when carrying a weapon or for exempt persons, proof they are exempt.
A person carrying a weapon shall not be subject to detention for the sole purpose of investigating whether such person has a weapons carry license.
If a person is caught carrying a weapon without a GWL the fine in court will be $10 if GWL is produced and was valid at the time of the arrest.
Defense of self or others, shall be an absolute defense to any violation of off limits places.
State Preemption:
Preemption law more clearly defined in our favor. Includes firearms and other weapons. Clarifies that no agency, board, department, commission, or authority of this state other than the General Assembly, by rule or regulation shall regulate firearms or other weapons in any manner. Municipalities may still regulate whether or not you may discharge a weapon within their boundaries.
Gives the right of any person who has been aggrieved as a result of a violation of 16-11-173 may bring action to enforce this statute shall be entitled to equitable relief.
Mental Health:
Requires GA Courts to notify FBI if a person has had involuntary commitment to mental institution, been adjudicated mentally incompetent to stand trial or has been found not guilty by reason of insanity.
Declared Emergency:
No one, while acting during or pursuant to a declared state of emergency, shall:
Temporarily or permanently seize, any firearm or ammunition which was not prohibited by law at the time immediately prior to the declaration of a state of emergency
Prohibit possession of any firearm or ammunition or any component thereof or
Prohibit any license holder from carrying any weapon if such carrying was not otherwise prohibited by law at the time immediately prior to the declaration of a state of emergency;
Require the registration of any firearm.
Strikes firearms and ammunition and components from the Governor’s Emergency Powers Act.
General:
Codify into law some common law prohibitions that prohibit a person from being arrested if they go to a prohibited location to save someone’s life.
Clarifies that private property owners my eject a person from their property but may not criminalize carrying.
What is in House Bill 875
Churches / Bars
Removes churches and bars from the off limits list and treats them like every other piece of private property in GA in that the property owner has the right to eject a person from their property.
Government Buildings
Allows firearms in government buildings that are not restricted or screened by security personnel during the hours the building is open for business.
Public Housing
Require public housing to allow tenants to have firearms in their dwellings unless required by federal law or regulation.
Changes to school safety zones:
Licensed holder who is carrying on elementary school shall be guilty of a misdemeanor.
Any licensed holder who violates post secondary school safety zone shall not be arrested but shall be fined not more than $100.00.
For a person who is not a license holder the penalty is not more than $10,000.00 and imprisonment for not less than 2 nor more than 10 years or both.
A duly authorized official of a school can authorize a person to carry a weapon in a school safety zone, at school function or on a bus or other transportation furnished by the school
Allows local school system to allow teachers and administrators to carry in school safety zones and determine what training the school will require. Those selected to carry will remain unknown to the public.
Licensing:
Removes fingerprint requirement for license renewals
Provides for issuance of GWL to a person who is at least 18 years of age who has completed basic training in the armed forces and is either actively serving in the military or has been honorably discharged from the service.
Allows a person who has had his/her GWL revoked to be issued a GWL if the revocation was more than 3 years of the date of his or her application.
Restricts any person who has been adjudicated mentally incompetent to stand trial or who has been adjudicated not guilty by reason of insanity at the time of the crime
Allows GWL applicant the right to sue if they feel they are wrongfully denied a GWL and to recover their costs and reasonable attorney fees if they are the prevailing party.
Prohibits any person or entity from creating or maintaining a multijurisdictional data base of information regarding persons issued GWLs.
Airport Carry:
Codifies airport carry in non sterile areas. If a person knowingly enters airport screening with a weapon will be guilty of a misdemeanor unless it is with intent to commit a separate felony offense.
GWL When Carrying
Requires carrying of GWL when carrying a weapon or for exempt persons, proof they are exempt.
A person carrying a weapon shall not be subject to detention for the sole purpose of investigating whether such person has a weapons carry license.
If a person is caught carrying a weapon without a GWL the fine in court will be $10 if GWL is produced and was valid at the time of the arrest.
Defense of self or others, shall be an absolute defense to any violation of off limits places.
State Preemption:
Preemption law more clearly defined in our favor. Includes firearms and other weapons. Clarifies that no agency, board, department, commission, or authority of this state other than the General Assembly, by rule or regulation shall regulate firearms or other weapons in any manner. Municipalities may still regulate whether or not you may discharge a weapon within their boundaries.
Gives the right of any person who has been aggrieved as a result of a violation of 16-11-173 may bring action to enforce this statute shall be entitled to equitable relief.
Mental Health:
Requires GA Courts to notify FBI if a person has had involuntary commitment to mental institution, been adjudicated mentally incompetent to stand trial or has been found not guilty by reason of insanity.
Declared Emergency:
No one, while acting during or pursuant to a declared state of emergency, shall:
Temporarily or permanently seize, any firearm or ammunition which was not prohibited by law at the time immediately prior to the declaration of a state of emergency
Prohibit possession of any firearm or ammunition or any component thereof or
Prohibit any license holder from carrying any weapon if such carrying was not otherwise prohibited by law at the time immediately prior to the declaration of a state of emergency;
Require the registration of any firearm.
Strikes firearms and ammunition and components from the Governor’s Emergency Powers Act.
General:
Codify into law some common law prohibitions that prohibit a person from being arrested if they go to a prohibited location to save someone’s life.
Clarifies that private property owners my eject a person from their property but may not criminalize carrying.
Last edited: