Legalese — Constitutional Carry — Part Two

constitutional carry

In my last column, I talked about sections one through six of the new Georgia Constitutional Carry Act. (If you missed Part 1, click or tap on this link).

Once again, I will point out that calling it such is not an opinion or political statement – that is the official name of the bill.  Additionally, nothing in this article or the one before it should be construed as an opinion either supporting or criticizing the bill.  My goal here is simply to tell you what it says, since there is a lot of legalese in it and, judging from my own social media feed, a lot of misinformation floating around. 

We’ll start this time with Section seven. This section removes language requiring a gun permit and replaces it with the requirement that you be a lawful weapons carrier when talking about weapons at school or in a school zone.  You still can’t have one, but the language has been changed.  However, the prohibition does not apply to someone picking up a student when the gun is legally kept in a vehicle or driving through a school safety zone, if they are a “lawful weapons carrier”, or someone who is a “lawful weapons carrier” and has the weapon in a locked compartment of the car if they are over 21 and not a student, high school or younger.

Section eight talks about who is eligible for getting a carry permit.  It removes the prohibition of someone who has previously been convicted of carrying a weapon without a license. 

Section nine makes some technical changes in statute numbers in the laws providing exceptions to people like police officers for when and where they can carry a weapon. 

Section ten says that no private or public employer can deny employment or access to the parking lot if they have a firearm or ammunition in their car, if the firearm or ammunition or both is locked out of sight in the trunk, glove compartment, or other lock box, and the person is also a “lawful weapons carrier.”

Section eleven removes the requirement that you have your carry license in your possession while you are carrying your weapon.  It also addresses temporary law enforcement holds on your person – that is, whether or not the police can say that you can’t leave or detain you, to see if you have a license or whether or not you are a “lawful weapons holder.” 

Section twelve talks about bus or rail hijacking and whether or not you can have a concealed weapon on an airplane, bus, or train.  The answer is you can’t, unless you are a lawful weapons carrier, in which case it seems to say that you can, although I’ll admit the language is confusing. 

Section thirteen says that you can’t bring your weapon to a public transportation terminal unless you are a “lawful weapons carrier.”    

Sections fourteen and fifteen talk about hunting lawsThis section changes the requirements for having a firearm other than a handgun in certain areas and while hunting with a bow and arrow from requiring a license to being a “lawful weapons carrier.”

Section sixteen is similar to fourteen and fifteen, except it talks about fishing.

Section seventeen deserves to be quoted in its entirety, because I had no idea that a law like this was on the books until just now, and the only change, really, is to change it from needing a license to being a “lawful weapons carrier.”  The new law is in the section which talks about the enforcement of parking for disabled persons (aka handicapped parking).  It says, “Have the power to possess and carry firearms and other weapons for the purpose of enforcing the parking laws for persons with disability; provided, however, that a person who is a lawful weapons carrier as defined in Code Section 16-11-125.1 shall not be in violation of this paragraph;”.  To put that in context, it is a part of a statute which allows citizens to be effectively deputized to help enforce the parking for disabled persons laws, and when and whether those people can carry a weapon while doing so.

The rest is just technical stuff about the law going into effect when the Governor signs it and saying that any law that is in conflict with this new one is no good anymore.

I hope that helps explain this new law.  Remember – it is 25 pages long, and I’ve summed this up in what boils down to three pages, so I’ve obviously left a lot of stuff out.  If you have any questions whatsoever about this new law, please consult with a lawyer.

Be the first to comment

Leave a Reply