April 5th, the Georgia Legislature passed HB 89. It is important to remember that it does not go into effect until signed by Governor Perdue. Many people are assuming that it’s already in effect, and I’m having to remind them several times a day.
Assuming it is not vetoed, it has until July to be signed into law.
HB 89 (full text) makes several important changes to Georgia’s rather nebulous and contradictory firearms laws. Once signed, the following provisions will take effect:
Georgia Firearms License (GFL) holders will be allowed to carry in restaurants that serve alcohol for consumption on the premises. The establishment must receive more than 50% of its revenue from the sale of food (most do). Bear in mind, the law makes it a misdemeanor to consume alcohol while carrying (provision merged from HB 257).
GFL holders may carry in State parks and Wildlife Management Areas (WMA).
GFL holders may carry on public transportation, including MARTA.
Probate courts are required to process GFL applications in a more timely manner. This should reduce the application timeframe to a maximum of 42 days (*).
Those without a GFL may carry anywhere in their personal vehicle, provided they would not otherwise be ineligible to do so. The weapon must still be in a holster or other retaining device (but it can be under the seat).
Straw purchases are now a felony. This is the way it should be. The person committing the crime should be the one punished, not the dealer who doesn’t know that it’s happening. Mayor Bloomberg’s sting operations were the inspiration for this, and I’m glad to see the legislature has addressed it.
Please note that removal of the “Public Gathering” clause did not pass, so carry at organized events, rallies, churches and sporting events is still a misdemeanor. There’s always next year, hopefully.
You can reach Governor Perdue at 404-656-1776. Please try to be concise, and most of all, courteous. He is under a great deal of pressure from anti-gun groups, who are no doubt showering him with hysterical predictions of imminent doom, and the last thing we need is gun owners hammering the nails with abuse.
If you want to write, please set pen to paper, as a handwritten letter carries more weight than email. In any case, choose your words and tone carefully; what you say could affect all of us.
It’s important to remember that, even if it becomes law, local law enforcement may not be aware of all its provisions. Use discretion and be polite if approached, and consider carrying a copy of the law for a few months following passage.
(*) Background check must be initiated within two days of application, police must report back within 30 days of completing background check, and the Probate judge must issue the license within 10 days.
Section 6 reads:
For both license applications and requests for license renewals, the judge of the probate court shall within two business days following the receipt of the application or request also direct the law enforcement agency to conduct a background check using the Federal Bureau of Investigation´s National Instant Criminal Background Check System and return an appropriate report to the probate judge. (…) Not later than ten days after the judge of the probate court receives the report from the law enforcement agency concerning the suitability of the applicant for a firearms license, the judge of the probate court shall issue such applicant a license or renewal license to carry any pistol or revolver.
It also adds the option of citizens suing (and recouping legal fees) in cases of permits not being granted in a timely basis.