House Bill 207
By: Representatives Crawford of the 89th, Oliver of the 84th, Westbrook of the 163rd, Willis
of the 55th, and Au of the 50th
A BILL TO BE ENTITLED
AN ACT
To 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 for the storage
of a firearm within a motor vehicle or vessel; to provide for penalties; to provide for
exceptions to the standards for the carrying of weapons within school safety zones, at school
functions, or on a bus or other transportation furnished by a school; to provide for related
matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
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, is amended by revising subsections (a)
through (c) and subsections (g) and (h) of Code Section 16-11-126, relating to having or
carrying handguns, long guns, or other weapons, exceptions for homes, motor vehicles,
private property, and other locations and conditions, and unlawful carrying of a weapon, as
follows:
"(a) Any person who is not prohibited by law from possessing a handgun or long gun <del>may
</del> <ins>shall be authorized to</ins> have or carry on his or her person a weapon or long gun <ins>while</ins> on his
or her property or inside his or her home, <del>motor vehicle,</del> or place of business.
(b) Any person who is not prohibited by law from possessing a handgun or long gun <del>may
</del> <ins>shall be authorized to</ins> have or carry on his or her person a long gun <ins>in any location not
otherwise prohibited by law.
(c)(1)</ins> Any person who is a lawful weapons carrier may transport a handgun or long gun
in any private passenger motor vehicle <ins>in a locked compartment of, in a locked container
within, or in a locked firearms rack upon such motor vehicle;</ins> provided, however, that
private property owners or persons in legal control of private property through a lease,
rental agreement, licensing agreement, contract, or any other agreement to control access
to such private property shall have the right to exclude or eject a person who is in
possession of a weapon or long gun on their private property in accordance with
paragraph (3) of subsection (b) of Code Section 16-7-21, except as provided in Code
Section 16-11-135.
<ins>(2) Any person who is a lawful weapons carrier may transport a handgun or long gun in
any private vessel in a locked compartment of or in a locked container within such
vessel."
</ins> "(g)(1) Except as otherwise provided in <del>subsections (a) through (f) of</del> this Code section,
no person shall carry a weapon unless he or she is a lawful weapons carrier.
(2) A person commits the offense of unlawful carrying of a weapon when he or she
violates the provisions of paragraph (1) of this subsection <ins>or subsection (c) of this Code
section.
</ins> (h) Upon conviction of the offense of unlawful carrying of a weapon, a person shall be
punished as follows:
(1) For the first offense, he or she shall be guilty of a misdemeanor <ins>and, upon conviction
thereof, shall be punished by a fine not to exceed $500.00;</ins> and
(2) For the second offense within five years, as measured from the dates of previous
arrests for which convictions were obtained to the date of the current arrest for which a
conviction is obtained, and for any subsequent offense, he or she shall be guilty of a
felony and, upon conviction thereof, shall be imprisoned for not less than two years and
not more than five years."
SECTION 2.
Said part is further amended in Code Section 16-11-127.1, relating to carrying weapons
within school safety zones, at school functions, or on a bus or other transportation furnished
by a school, by revising paragraphs (7), (8), and (17) of subsection (c) as follows:
"(7) A lawful weapons carrier when such person carries or picks up a student within a
school safety zone, at a school function, or on a bus or other transportation furnished by
a school or a lawful weapons carrier when he or she has any weapon legally <del>kept</del> <ins>stored
</ins> within a vehicle <ins>pursuant to paragraph (1) of subsection (c) of Code Section 16-11-126
</ins> when such vehicle is parked within a school safety zone or is in transit through a
designated school safety zone;
(8) A weapon possessed by a lawful weapons carrier which is under the possessor's
control <del>in a motor vehicle or which is</del> in a locked compartment of a motor vehicle or one
which is in a locked container in or a locked firearms rack which is on a motor vehicle
which is being used by an adult over 21 years of age to bring to or pick up a student
within a school safety zone, at a school function, or on a bus or other transportation
furnished by a school, or when such vehicle is used to transport someone to an activity
being conducted within a school safety zone which has been authorized by a duly
authorized official or local board of education as provided by paragraph (6) of this
subsection; provided, however, that this exception shall not apply to a student attending
a public or private elementary or secondary school;"
"(17) Teachers and other personnel who are otherwise authorized to possess or carry
weapons, provided that any such weapon is <del>in a locked compartment of a motor vehicle
or one which is in a locked container in or a locked firearms rack which is on a motor
vehicle</del> <ins>stored within a motor vehicle pursuant to paragraph (1) of subsection (c) of Code
Section 16-11-126;"
</ins> SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.