Sb 319: Chairman John Meadows Act

• Jurisdiction: Georgia,United States
• Citation: Vol. 39 No. 1
• Publication year: 2022
• topic: Criminal Law

SB 319: Chairman John Meadows Act

Diana S. Skowronski

dskowronski1@student.gsu.edu

Virginia Eith

veith1@student.gsu.edu

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CRIMES AND OFFENSES

Offenses Against Public Order and Safety: Amend Article 1 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, Relating to General Provisions Regarding Parks, Historic Areas, Memorials, and Recreation, so as to Revise Provisions of Law Regarding the Use or Possession of Any Handgun in a Park, Historic Site, or Recreational Area; Amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, Relating to Carrying and Possession of Firearms, so as to Provide a Definition; Revise Provisions of Law Regarding the Carrying of Firearms; Provide for Applications for a Weapon Carry License or Renewal of Such License; Amend Part 2 of Article 4 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, Relating to Transportation Passenger Safety, so as to Revise Provisions of Law Regarding the Carrying of Firearms; Amend Title 27 of the Official Code of Georgia Annotated, Relating to Game and Fish, so as to Revise Certain Laws Regarding the Carrying of Firearms; Amend Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, Relating to Parking for Persons with Disabilities, so as to Revise Certain Laws Regarding the Carrying of Firearms; Provide for a Short Title; Provide for Legislative Findings; Provide for Related Matters; Provide for an Effective Date; Repeal Conflicting Laws; and for Other Purposes

Code Sections: O.C.G.A. §§ 12-3-10 (amended); 16-11-125.1, -126, -127, -127.1, -129, -130, -135, -137 (amended); 16-12-123, -127 (amended); 27-3-1.1, -6 (amended); 27-4-11.1 (amended); 40-6-228 (amended)

Bill Number: SB 319

Act Number: 596

Georgia Laws: 2022 Ga. Laws 74

Effective Date: April 12, 2022

Summary: This Act removes the requirement to obtain a weapons carry license to carry

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concealed weapons in public spaces. The Act makes it lawful to carry a firearm in public so long as the individual is eligible for a license, has a license, or has a license in different state, and is not prohibited by law from possessing a firearm. Additionally, the Act applies the new licensing standard to provisions regarding the use or possession of a firearm in a park, historic site, or recreational area; courthouses, government buildings, and parking lots; at schools; by service members of the armed forces; on public transportation; wildlife management areas; and public fishing areas.

History

Before Senate Bill (SB) 319's enactment, gun owners needed a state license to legally carry their firearms in public.¹ The licensing process involved filing an application with a probate judge, completing a background check, and paying a $75.00 fee.² Applicants could expect to receive their weapons carry licenses within thirty-five days of submitting their applications.³ Because retail gun stores already ran background checks on Georgia residents who purchased guns, lawmakers started viewing the license requirement as "an unnecessary burden" on law-abiding citizens.⁴ Those who supported eliminating

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the license requirement believed that it created an obstacle for citizens looking to use their firearms for self-defense because they had to wait for additional permission from the state government before carrying their guns in public.⁵

During the final debate in the Georgia House of Representatives over SB 319, Representative Bonnie Rich (R-97th) shared a personal story highlighting safety concerns associated with the license requirement.⁶ In 2008, Representative Rich and her family faced harassment from a convicted child molester who was set to be released from prison.⁷ Representative Rich purchased a gun but was unable to obtain her carry permit before the harasser got out of prison, thus forcing her to stay home with her children because she lacked the license necessary to defend her family in public.⁸ Senator Jason Anavitarte (R-31st) cited similar safety considerations as the reason for introducing SB 319 in the 2021-2022 legislative session, stating that law-abiding gun owners should not have to endure slow and unnecessary processes before obtaining a carry permit.⁹ This "constitutional carry" bill would eliminate the license requirement for any Georgia resident who is a "lawful weapons carrier."¹⁰

SB 319 went into effect upon being signed into law on April 12, 2022.¹¹ Georgia, a "shall issue" state, allows anyone who qualifies as a "lawful weapons carrier" to immediately carry their handguns in public.¹² In a "shall issue" state, as opposed to a "may issue" state, "as long as an applicant passes the basic requirements set out by state law,

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the issuing authority . . . is compelled to issue a permit."¹³ In other words, probate judges have little to no discretion and cannot deny a weapons carry application if the applicant meets the minimum qualifications.¹⁴ Even with permitless carry in effect, Georgians may still apply for a carry permit, which is most useful for those who wish to carry their handguns in other states that require a license.¹⁵

Lawmakers opposing the Act argued that permitless carry could allow individuals with a criminal history to carry hidden weapons in public if they purchased those weapons during a private sale.¹⁶ A private sale occurs when an individual purchases a firearm from an unlicensed firearms dealer who does not require a background check.¹⁷ Opponents are concerned about how SB 319 may influence dangerous individuals who carry firearms in public.¹⁸ Lawmakers who support the Act refute the opposition's claim that permitless carry will worsen gun violence, arguing that violent criminals will likely carry firearms in public regardless of whether licenses are required.¹⁹ Other opponents view SB 319 as a strategic campaign measure intended to satisfy a certain voter base at the expense of making smart gun policy decisions.²⁰ Regardless, SB 319 quickly became "one of this year's most contentious measures."²¹

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Bill Tracking of SB 319

Consideration and Passage by the Senate

Senator Jason Anavitarte (R-31st) sponsored SB 319 in the Senate with Senator Chuck Payne (R-54th), Senator Bruce Thompson (R-14th), Senator Randy Robertson (R-29th), Senator Billy Hickman (R-4th), Senator Steve Gooch (R-51st), Senator Marty Harbin (R-16th), Senator Carden Summers (R-13th), Senator Lee Anderson (R-24th), Senator Max Burns (R-23rd), Senator Butch Miller (R-49th), Senator Clint Dixon (R-45th), Senator Mike Dugan (R-30th), Senator Frank Ginn (R-47th), Senator Russ Goodman (R-8th), Senator Bo Hatchett (R-50th), Senator Blake Tillery (R-19th), Senator Sheila McNeill (R-3rd), Senator Matt Brass (R-28th), Senator Kay Kirkpatrick (R-32nd), Senator Brandon Beach (R-21st), Senator Dean Burke (R-11th), Senator Greg Dolezal (R-27th), Senator Burt Jones (R-25th), Senator Tyler Harper (R-7th), Senator John Albers (R-56th), Senator Jeff Mullis (R-53rd), Senator John Kennedy (R-18th), Senator Lindsey Tippins (R-37th), Senator Brian Strickland (R-17th), and Senator Larry Walker, III (R-20th).²² The Senate first read the bill on January 10, 2022, and the bill was referred to the Senate Judiciary Committee.²³ The Committee favorably reported the bill as introduced on February 2, 2022.²⁴

The Senate then read the bill for the second time on February 3, 2022.²⁵ On February 28, 2022, the Senate read the bill for the third time and brought it to the floor for debate, where an amendment was introduced by Senator Michelle Au (D-48th), Senator Elena Parent (D-42nd), Senator Gloria Butler (D-55th), Senator Kim Jackson (D-41st), and Senator Jen Jordan (D-6th).²⁶ The amendment proposed requiring a universal background check in all transfers and purchases of

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firearms.²⁷ After the Senate debated the amendment, it lost by a vote of 34 to 22.²⁸ The Senate then passed the bill without amendment by a vote of 34 to 22 on February 28, 2022.²⁹

Consideration and Passage by the House

Representative Mandi Ballinger (R-23rd) sponsored the bill in the House.³⁰ The House first read the bill on March 1, 2022.³¹ The House read the bill for the second time on March 3, 2022, and referred the bill to the House Committee on Public Safety and Homeland Security.³²

The Committee favorably reported the bill by substitute on March 25, 2022.³³ In the substitute, the House Committee on Public Safety and Homeland Security offered multiple changes. First, in Section 1, the substitute proposed the bill be known and cited as the Chairman John Meadows Act, rather than the Georgia Constitutional Carry Act of 2021.³⁴ Second, in Section 2, the substitute changed the legislative findings to highlight the United States Constitution's Second Amendment right to keep and bear arms:

(1) The Second Amendment to the United States Constitution recognizes the right of the people to keep and bear arms and that such right shall not be infringed; and

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(2) The people of this state, to perpetuate the principles of free government, insure justice to all, preserve peace, promote the interest and happiness of the citizen and of the family, and transmit to posterity the enjoyment of liberty, provided that the right of the people to keep and bear arms shall not be infringed but that the General Assembly shall have power to prescribe the manner in which arms may be borne.³⁵

Third, in Section 4, the substitute proposed new language to define a "lawful weapons carrier."³⁶ As introduced, the bill defined a "lawful weapons carrier" as "any person who is not prohibited from possessing a weapon or long gun."³⁷ The substitute proposed to define a "lawful weapons carrier" as "any person who is licensed or eligible for a license . . . and who is not otherwise prohibited by law from possessing a weapon or long gun."³⁸ Additionally, in Section 5, the substitute proposed to keep Code section 16-11-126 in effect to provide for the application...