HB 218 - Requires the State to Recognize Gun Carry Permits from Other States - Georgia Key Vote

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Title: Requires the State to Recognize Gun Carry Permits from Other States

Vote Smart's Synopsis:

Vote to pass a bill that requires the state to recognize other state's gun carry permits and simplifies the process of attaining one.

Highlights:

 

  • Requires the judge of the probate court to accept applications for weapons carry licenses or renewal licenses on a first come, first served basis, for a minimum of 7 hours daily during normal business hours (Sec. 2-3.A).

  • Authorizes the probate court to implement online application processes for weapons carry licenses and renewal licenses. The probate court is also authorized to accept a weapons carry license or renewal license application by first-class mail (Sec. 2-4).

  • Specifies any person aggrieved by a violation may bring an action for relief. Such person who proves by a preponderance of the evidence that he or she is or was included in such a multijurisdictional data base shall be entitled to obtain, in addition to appropriate declaratory or injunctive relief, expenses of litigation, including costs and reasonable attorney's fees (Sec. 2.k-3).

  • Requires the municipal corporation to dispose of all such firearms at least once every 12 months whenever the municipal corporation has an inventory of five or more firearms. If a municipal corporation does not dispose of such firearms as required by this Code section, a person interested in acquiring any such firearms may bring an action in mandamus or other legal proceeding to compel the disposition. A prevailing plaintiff in such an action shall be entitled to his or her costs, including reasonable attorney's fees (Sec. 3.A).

  • Specifies if the state or a political subdivision other than a municipal corporation does not dispose of such firearms as required by this Code section, a person interested in acquiring any such firearms can bring an action in mandamus or other legal proceeding to compel the disposition (Sec. 3-2.B).

  • Prohibits any official or employee of the state or any political subdivision thereof, member of the National Guard in the service of the state, or any person operating according to state law, while acting during or pursuant to a declared state of emergency from doing the following (Sec. 4-3.b):

    • Seize or authorize the seizure of, any firearm, or ammunition or any component thereof, ammunition reloading equipment and supplies, or weapon, the possession of which was not prohibited by law at the time immediately prior to the declaration of a state of emergency, and other than as provided by the criminal or forfeiture laws of this state;

    • Possession of any firearm, or ammunition or any component thereof, ammunition reloading equipment and supplies, or weapon, or promulgate any rule, regulation, or order prohibiting possession if possession was not otherwise prohibited by law at the time immediately prior to the declaration of a state of emergency;

    • Carrying any weapon or promulgate any rule, regulation, or order prohibiting such carrying if such carrying was not otherwise prohibited by law at the time immediately prior to the declaration of a state of emergency;

    • The manufacture, sale, or transfer of any firearm, ammunition or any component thereof, ammunition reloading equipment and supplies, or weapon, or promulgate any rule, regulation, or order prohibiting the manufacture, sale, or transfer of such if the manufacture, sale, or transfer was not otherwise prohibited by law at the time immediately prior to the declaration of a state of emergency;

    • Suspend or revoke any weapons carry license issued;

    • Refuse to accept an application for a weapons carry license which has been properly submitted if the building or courthouse is otherwise open to the public; provided, however, that no probate judge shall be responsible for any delay or closure caused by action of a third party;

    • Close or limit the operational hours of or place any other restrictions upon any business engaged in the lawful manufacture, sale, or repair of firearms, ammunition or any component thereof, ammunition reloading equipment and supplies, or weapons unless closure, limitation upon hours, or other restrictions have been required of all businesses within the jurisdiction;

    • Close or limit the operational hours of any lawful indoor or outdoor shooting range unless closure or limitation upon hours has been required of all businesses within the jurisdiction; or

    • Require the registration of any firearm.

  • Establishes the defense of sovereign immunity is waived as to any claim, counterclaim, cross-claim, or third-party claim brought in the courts of this state by an aggrieved person seeking a declaratory judgment, injunctive relief, or reasonable attorney fees against the state, a municipality, or any other political subdivision (Sec. 6).

See How Your Politicians Voted

Title: Requires the State to Recognize Gun Carry Permits from Other States

Vote Smart's Synopsis:

Vote to pass a bill that requires the state to recognize other state's gun carry permits and simplifies the process of attaining one.

Highlights:

 

  • Requires the judge of the probate court to accept applications for weapons carry licenses or renewal licenses on a first come, first served basis, for a minimum of 7 hours daily during normal business hours (Sec. 2-3.A).

  • Authorizes the probate court to implement online application processes for weapons carry licenses and renewal licenses. The probate court is also authorized to accept a weapons carry license or renewal license application by first-class mail (Sec. 2-4).

  • Specifies any person aggrieved by a violation may bring an action for relief. Such person who proves by a preponderance of the evidence that he or she is or was included in such a multijurisdictional data base shall be entitled to obtain, in addition to appropriate declaratory or injunctive relief, expenses of litigation, including costs and reasonable attorney's fees (Sec. 2.k-3).

  • Requires the municipal corporation to dispose of all such firearms at least once every 12 months whenever the municipal corporation has an inventory of five or more firearms. If a municipal corporation does not dispose of such firearms as required by this Code section, a person interested in acquiring any such firearms may bring an action in mandamus or other legal proceeding to compel the disposition. A prevailing plaintiff in such an action shall be entitled to his or her costs, including reasonable attorney's fees (Sec. 3.A).

  • Specifies if the state or a political subdivision other than a municipal corporation does not dispose of such firearms as required by this Code section, a person interested in acquiring any such firearms can bring an action in mandamus or other legal proceeding to compel the disposition (Sec. 3-2.B).

  • Prohibits any official or employee of the state or any political subdivision thereof, member of the National Guard in the service of the state, or any person operating according to state law, while acting during or pursuant to a declared state of emergency from doing the following (Sec. 4-3.b):

    • Seize or authorize the seizure of, any firearm, or ammunition or any component thereof, ammunition reloading equipment and supplies, or weapon, the possession of which was not prohibited by law at the time immediately prior to the declaration of a state of emergency, and other than as provided by the criminal or forfeiture laws of this state;

    • Possession of any firearm, or ammunition or any component thereof, ammunition reloading equipment and supplies, or weapon, or promulgate any rule, regulation, or order prohibiting possession if possession was not otherwise prohibited by law at the time immediately prior to the declaration of a state of emergency;

    • Carrying any weapon or promulgate any rule, regulation, or order prohibiting such carrying if such carrying was not otherwise prohibited by law at the time immediately prior to the declaration of a state of emergency;

    • The manufacture, sale, or transfer of any firearm, ammunition or any component thereof, ammunition reloading equipment and supplies, or weapon, or promulgate any rule, regulation, or order prohibiting the manufacture, sale, or transfer of such if the manufacture, sale, or transfer was not otherwise prohibited by law at the time immediately prior to the declaration of a state of emergency;

    • Suspend or revoke any weapons carry license issued;

    • Refuse to accept an application for a weapons carry license which has been properly submitted if the building or courthouse is otherwise open to the public; provided, however, that no probate judge shall be responsible for any delay or closure caused by action of a third party;

    • Close or limit the operational hours of or place any other restrictions upon any business engaged in the lawful manufacture, sale, or repair of firearms, ammunition or any component thereof, ammunition reloading equipment and supplies, or weapons unless closure, limitation upon hours, or other restrictions have been required of all businesses within the jurisdiction;

    • Close or limit the operational hours of any lawful indoor or outdoor shooting range unless closure or limitation upon hours has been required of all businesses within the jurisdiction; or

    • Require the registration of any firearm.

  • Establishes the defense of sovereign immunity is waived as to any claim, counterclaim, cross-claim, or third-party claim brought in the courts of this state by an aggrieved person seeking a declaratory judgment, injunctive relief, or reasonable attorney fees against the state, a municipality, or any other political subdivision (Sec. 6).

Title: Requires the State to Recognize Gun Carry Permits from Other States

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