|
Abstract
|
This Act removes the requirement to obtain a weapons carry license to carry 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.
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 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."
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, 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...
Available at: https://readingroom.law.gsu.edu/gsulr/vol39/iss1/4
Language: en |