Laws should be easy to follow, simple to enforce and always balance public safety and private rights. As legislators, we work to craft laws that improve Georgia’s economy, transportation infrastructure, education, health care, and lower taxes. We strive to make Georgia a cleaner, friendlier, and safer place. We also have a great responsibility to protect the rights afforded to us through the Constitution of the United States: the rights to freedom of speech, religion, to own personal property, and the right to bear arms. Creating laws that promote, protect and maintain personal freedoms requires a delicate balance. When laws don’t achieve these goals, lawmakers have a duty to improve them.
Georgia’s current weapons laws do not fit this standard of sound public policy, which is why I recently introduced the Georgia Common Sense Lawful Carry Act. This legislation achieves sound public policy by clearly defining lawful carry areas, enacting a streamlined process for permitting and reporting of violations, and providing stronger rights for personal property owners. The legislation retains the same protections for public and private elementary and secondary schools, school functions and government agency offices.
As weapons legislation in Georgia is currently written, there is widespread confusion as to where, when, and who has the legal right to publically carry a weapon. Law enforcement officials, lawfully carrying citizens and concerned citizens aren’t clear on where the law applies all due to the vagueness of the term “public gathering.” This confusion necessitates correction; therefore, I removed the public gathering provision and replaced it with language that makes sense and is easy to understand.
First and foremost, there will STILL be no weapons permitted inside K-12 schools or government agency offices. This bill retains the same consistencies for K-12 schools, school functions and government agency offices as current law. It is against federal law for anyone under 21 to purchase a handgun. Georgia law currently requires that you be 21 years of age or over to obtain a carry permit.
My proposal even prohibits those over 21 and who have obtained a lawful carry license to carry in any dormitory or residential housing on the campus of a public college, university, or institution of postsecondary education, but they may exercise their right as a lawful adult to carry on campus.
Also, under this proposal, real property owners will have the right to determine if lawfully carried weapons are permitted on their land. No government should infringe on private property owners’ decision to allow lawfully carried weapons. This is not necessarily an expansion of carry areas. It is feasible that some property owners will not permit lawfully carried weapons. The provision also provides lawfully carrying citizens specific guarantees on securing their weapons in a parked vehicle when visiting places where weapons are not permitted.
There is currently no continuity in the weapons licensing process. Georgia’s 159 counties have 159 different ways of issuing licenses. There is no way an application or enforcements don’t fall through the cracks. I’ve corrected this by centralizing all licensing under the guidance of the Secretary of State’s office. By bringing the system under the Secretary of State’s office, each county will have the same standards and each lawful citizen can expect the same process. The bill maintains all background checks currently in place while imposing new disqualifiers on who can obtain a license. The law must be fair to law-abiding, weapon-carrying citizens and ensure that any infractions and prohibitions are monitored and reported correctly, effectively and efficiently.
Georgia’s laws deter criminals. Georgia’s law enforcement officers prevent and stop crime. This common sense approach to changing Georgia’s current weapons legislation will mean safer communities throughout Georgia and a better understanding of weapons restrictions, from the lawful carrier to our hard-working law enforcement. By clarifying years of confusion and muddled bureaucracy, this legislation will finally get all Georgian’s on the same page. It’s just common sense.
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Sen. Mitch Seabaugh serves as Senate Majority Whip. He represents the 28th Senate District which includes Coweta and Heard counties and portions of Carroll and Troup counties. He may be reached by phone at 404.656.6446 or by e-mail at mail@mitchseabaugh.com.
For Immediate Release:
Reissued January 15, 2010
For Information Contact:
Raegan Weber, Director
Natalie Strong, Deputy Director
Raegan.weber@senate.ga.gov
404.656.0028