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HB 280/AP

House Bill 280 (AS PASSED HOUSE AND SENATE)
By: Representatives Ballinger of the 23rd, Powell of the 32nd, Meadows of the 5th, Jasperse
of the 11th, Jones of the 91st, and others

A BILL TO BE ENTITLED
AN ACT

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To amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia

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Annotated, relating to carrying and possession of firearms, so as to authorize the carrying and

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possession of handguns in certain manners by weapons carry license holders in certain

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buildings or on real property owned by or leased to public institutions of postsecondary

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education; to provide for exceptions; to revise criminal penalties for violations; to provide

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for definitions; to provide for related matters; to repeal conflicting laws; and for other

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purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1.

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Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated,

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relating to carrying and possession of firearms, is amended in Code Section 16-11-127.1,

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relating to carrying weapons within school safety zones, at school functions, or on a bus or

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other transportation furnished by a school, by revising paragraph (2) of subsection (b) and

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by revising subsection (c) by deleting "or" at the end of paragraph (18), by replacing the

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period with "; or" at the end of paragraph (19), and by adding a new paragraph to read as

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follows:

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"(2) Except as provided for in paragraph (20) of subsection (c) of this Code section, any

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Any license holder who violates this subsection shall be guilty of a misdemeanor. Any

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person who is not a license holder who violates this subsection shall be guilty of a felony

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and, upon conviction thereof, be punished by a fine of not more than $10,000.00, by

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imprisonment for not less than two nor more than ten years, or both."

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"(20)(A) Any weapons carry license holder when he or she is in any building or on real

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property owned by or leased to any public technical school, vocational school, college,

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or university, or other public institution of postsecondary education; provided, however,

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that such exception shall:

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HB 280/AP

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(i) Not apply to buildings or property used for athletic sporting events or student

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housing, including, but not limited to, fraternity and sorority houses;

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(ii) Not apply to any preschool or childcare space located within such buildings or

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real property;

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(iii) Not apply to any room or space being used for classes related to a college and

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career academy or other specialized school as provided for under Code Section

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20-4-37;

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(iv) Not apply to any room or space being used for classes in which high school

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students are enrolled through a dual enrollment program, including, but not limited

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to, classes related to the 'Move on When Ready Act' as provided for under Code

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Section 20-2-161.3;

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(v) Not apply to faculty, staff, or administrative offices or rooms where disciplinary

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proceedings are conducted;

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(vi) Only apply to the carrying of handguns which a licensee is licensed to carry

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pursuant to subsection (e) of Code Section 16-11-126 and pursuant to Code Section

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16-11-129; and

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(vii) Only apply to the carrying of handguns which are concealed.

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(B) Any weapons carry license holder who carries a handgun in a manner or in a

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building, property, room, or space in violation of this paragraph shall be guilty of a

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misdemeanor; provided, however, that for a conviction of a first offense, such weapons

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carry license holder shall be punished by a fine of $25.00 and not be sentenced to serve

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any term of confinement.

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(C) As used in this paragraph, the term:

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(i) 'Concealed' means carried in such a fashion that does not actively solicit the

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attention of others and is not prominently, openly, and intentionally displayed except

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for purposes of defense of self or others. Such term shall include, but not be limited

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to, carrying on one's person while such handgun is substantially, but not necessarily

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completely, covered by an article of clothing which is worn by such person, carrying

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within a bag of a nondescript nature which is being carried about by such person, or

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carrying in any other fashion as to not be clearly discernible by the passive

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observation of others.

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(ii) 'Preschool or childcare space' means any room or continuous collection of rooms

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or any enclosed outdoor facilities which are separated from other spaces by an

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electronic mechanism or human-staffed point of controlled access and designated for

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the provision of preschool or childcare services, including, but not limited to,

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preschool or childcare services licensed or regulated under Article 1 of Chapter 1A

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of Title 20."
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HB 280/AP
SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.

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