Changes to GAs gun bill possible in '09

Changes to the state's gun laws could be in the works as the State Senate Firearms Committee looks at re-writing House Bill 89, passed earlier this year. One proposal under consideration … speeding up the application permit process. In a working copy of a revised gun bill, the Senate is considering cutting in half the number of days probate judges must get permits to would-be gun owners after fingerprints have been cleared by the FBI and the GBI. Current law says ten days. The proposal now being considered is five days. If a licensed is not issued within five days, the gun owner can sue.

William Self is Bibb County's probate judge. He also chairs the Georgia Probate Judges Council. He opposes the switch.

"I am quite frankly gentlemen, at a complete loss to understand why probate judges became the apparent enemies of gun rights' advocates."

Testifying before the Senate Firearms Safety Committee on Tuesday, Self asked lawmakers to remove the threat of lawsuits from gun enthusiast now hanging over the heads of the state 159 probate judges.

"This is the only statue I know of in the entire state of Georgia which purports to award attorneys fees to a plaintiff without any defense whatsoever if 10 days have expired from receipt of the reports."

Among other changes the committee will consider is including some misdemeanor offenses currently now trigger a reject on a gun permit application.

"There are literally hundreds of misdemeanors under GA law, which even with multiple convictions, do not by themselves disqualify an applicant, such as assault and battery, third degree cruelty to children…"

Here's how state Senator Don Balfour of Snellville responded to the testimony.

"Some of those things seem like whoa, we missed that one? Wow. Some of those we ought to think about putting under there."

The Senate committee now wants a list of misdemeanors to consider as part of the law. Meanwhile another idea is to leave judges completely out of the gun license procedure and hand it over to the Secretary of State. One drawback say Probate Judges is that the Secretary of State's office is not a law enforcement agency. Finally, a representative from the Georgia Council of Probate Court Judges asked the committee to consider raising gun permit application fees above the current $15, to cover actual administrative and processing costs. The Senate committee is expected to make recommendation to changes in Georgia gun laws by January.

Local groups take aim at Supreme Court gun ruling

Phenix City, Ala., resident Michael Knighton fires his Ruger pistol at an indoor firing range at Shooters Columbus gun shop in Columbus, Ga. The gun emits a flash of light as the bullet leaves the barrel. June 18th, 2008. (Dave Bender)

The United States Supreme Court this week ruled that Americans have the right to bear firearms for self-defense. In Georgia, groups for and against a recent ruling allowing guns in more places are stocking up on legal ammo.

Alice Johnson of Georgians For Gun Safety says she foresees challenges across America in the wake of the five-to-four ruling:

"The decision is going to lead to lots and lots and lots of litigation around the country related to local and state statutes that are in place now, and we're a little worried, I think, about what the outcome of some of that litigation will be."

And she says some of that litigation will likely be over House Bill 89, which goes into effect this coming Tuesday.

The Georgia law passed in the last legislature. It allows gun owners with a concealed carry permit to bring their weapons on public transit, to restaurants -- owner permitting -- and state parks:

"Perhaps the Supreme Court may be implying that House Bill 89 has some constitutional issues... you know, they said, 'sensitive places where firearms don't belong,' and they left that open, and that may, in fact mean that that guns on public; guns in restaurants that serve alcohol -- may be subject to some judicial scrutiny."

One supporter of the federal decision agrees with Johnson that lawsuits may soon be ricocheting through the courts -- but in the opposite direction.

Rifles on display at Shooters Columbus gun shop in Columbus, Ga., as a customer and salesman discuss the merits of various pistols in the background. June 18th, 2008. (Dave Bender)

Jon McMullen owns the Shooters gun shop in Columbus:

"If anything, it will expand or obviate the need for HB89, because as this Supreme Court ruling grows roots and we start to determine how it affects a variety of laws across the nation, there'll have to be a lot of laws that will have to be repealed, quite frankly, as being unconstitutional."

The State Senate will also be soon considering the ramifications of the rulings:

A panel meets later this summer to take a comprehensive look at Georgia's complex firearms laws and, and may suggest legislation for the 2009 session.

A spent bullet shell spirals upwards from the pistol of Columbus resident, Benjie Balen, at Shooter's indoor practice range, Columbus, Ga., June 18th, 2008. (Dave Bender)

In the meantime, law-enforcement officials are scrambling to train officers in the fine points of HB89, before it takes effect.

Columbus Police Chief Rickey Boren, commenting on the Georgia ruling at a recent gun-control debate, seemed to almost have seen the federal decision coming:

"In any law, there's a lot of gray area. And this law has not been tried in the courts, there has not been an arrest, it has not been appealed and there's not been an oversight of judges that have reviewed it and said whether it is a legal process or not."

But that could all change very soon, as state representatives, politicians and pressure groups across the country take sharp legal aim.

Ga. tops U.S. as source for recovered crime guns

Guns bought in Georgia were recovered from more crime scenes nationwide in 2007 than those bought in other states. The review of federal data by The Brady Center to Prevent Gun Violence shows 2,600 guns were traced to Georgia gun stores.

That figure ranks Georgia first, ahead of Florida and Texas, as a source for guns recovered in other states. Most weapons seized in Georgia crimes were also purchased here.

Alice Johnson, with Georgians for Gun Safety, says the numbers reflect Georgia’s gun-friendly reputation: “It’s a function of weak gun laws, easy access to firearms, significant numbers of gun shows, and swap meets, and flea markets, where these guns are sold without a background check.”

Some gun-rights advocates have criticized the report as misleading and insist, if anything, Georgia gun laws are too restrictive. In July, a new law will allow gun owners with permits to carry weapons on mass transit, into restaurants and in public parks.

(updated)

Legislative Day 39 … from the Senate

GUNS ON MARTA, AT YOUR LOCAL EATERY

In a late night flurry Wednesday, lawmakers in the senate approved a gun control bill after a lengthy and sometimes heated debate over gun control. HB 257 had been tabled earlier in the day after Democrats failed to attach an amendment that would have required local university to establish emergency procedures, in order to avoid another Virginia Tech-like situation, where a lone gunman killed several students and faculty. The measure passed in the Senate expands where licensed gun owners with a conceal weapons permit, may carry their guns. In the end, any gun owner licensed to carry a concealed weapon may take their gun into any publicly owned and operated facility like, metro-Atlanta’s MARTA system. The measure also allows those with conceal carry permits to take their guns into restaurants which serve alcohol, as long as gun owner don’t drink. However, some lawmakers questioned whether restaurants can exert such control. The National Rifle Association along with Georgia’s gun enthusiasts have long been trying to loosen the state’s gun laws. Those efforts were rewarded when the House passed a similar measure earlier in the session. However, one group opposed to the bill expressed disappointment, saying lawmakers have ignored the concerns of everyday Georgians. Alice Johnson is with Georgians for Gun Safety. “And so instead, they will make policy … at least in this chamber … they’ll make policy on firearms and community by listening to the folks who are the most adamant and scary.” The bill passed in the Senate 37 to 17. It now goes back to the House for consideration on the Senate floor amendments.

IS THERE TIME FOR TAX REFORM?

House lawmakers expressed frustration with the Senate today after the Lieutenant Governor shot down the House's efforts to compromise on tax reform. The State House was willing to give the Senate income tax reform, if the Senate would give them a cut on car taxes. But Lt. Gov Casey Cagle (R.) blocked the measure before the Senate could even vote on it. That angered House Majority Leader Jerry Keene (R.) Keene said in the end, both chambers will have to own up to Georgia Voters.

"When we finish, they don't know if it was this person's bill or that person's bill, its just what we got done. It doesn't make anyone look good - it makes all of us, as Republicans, look like we can't get our job done," said Keen.

Keen says the time for tax reform in Georgia is running out as Friday is the only day left in the session.

PARTIAL LIST OF SENATE STUDY COMMITTEES/COMMISSIONS CREATED DURING THIS 2008 LEGISLATIVE SESSION:

• Sexual Exploitation of Minors
  
• Georgia MethCheck Data Base
  
• Daylight Saving(s) Time
  
• Fleeing and Law Enforcement Pursuits
• Biodiesel Fuel Study Committee
• Victim’s Rights Study Committee
• Children’s Mental Health in Georgia
  
• Prior Approval and Prescription Drugs
  
• Mental Health, Developmental Disabilities and Addictive Disease Services

DEMOCRATIC PROCESS THWARTED?
In the past few days, the state Senate has voted to “engross” nearly two dozen bills, all related in some way to sales and use tax. Usually, a lawmaker will vote to engross a block of bills, rather than one by one. Engrossing a bill prevents debate from the floor on the measure. Democrat David Adelman from Decauter took the podium to say, preventing debate lessens the democratic process. “Whether we vote one time today, or whether we vote the half dozen or more times as we did yesterday. There are 56 Senators in this Chamber and each should be given an opportunity to improve the legislation, especially during these very critical last few days." Eighteen other Senators joined Adelman opposing engrossing the sale tax bills, nearly all Democrats.

SENATE URGES WITHDRAWAL FROM INT'L PARTNERSHIP
The state Senate today voted to urge President George W. Bush to retreat from a multilateral economic pact with Mexico and Canada. Already a handful of states have written the President urging immediate withdrawal from the 2005 Security and Prosperity Partnership of North America, designed to promote free trade between the three nations. It’s modeled on the European Union, formed in 1993, encompassing 27 nations. State Senator Nancy Schaefer says such an alignment with our national neighbors to the north and south will likely result in a loss of American identity. The Republican is running for the U-S Congressional seat once held by the late Charlie Norwood. “It’s not about prosperity, it’s about the loss of the United States’ sovereignty, the loss of our independence and our way of life. To end 332 years of sovereignty, including our God given principles handed down to us by our founding fathers would be tragic.” The resolution passed in the Senate by a vote 29 to 19.

WILLIE OTIS “PETE” WILLIAMS
The Senate today voted to pay Willie ‘Pete’ Williams 1.2 million dollars, after DNA evidence proved Williams not guilty of a 1985 rape. A similar measure has already passed in the House of Representatives. Williams was 23 years old in 1985 when he was sentenced to 45 years in prison. Mistaken eyewitness identification sealed Williams' fate. And, although offered early parole, Williams refused to plead guilty to the crimes. In January 2007, the Georgia Innocence Project used DNA evidence to exonerate Williams. Another man, already in jail for rape, was tried and convicted for the same crime that sent Williams to jail. Since 2005, five men have been exonerated and released from Georgia's prison as a result of DNA evidence. The bill now goes to Governor Sonny Perdue for his signature.

SO-CALLED "ANTI-IMMIGRANT" MEASURE TABLED
Senator John Wiles (R-Marietta) was forced to table a bill some have called anti-Latino because it would have given police the power to seize cars from illegal immigrants, stopped by any law enforcement official. The bill would have also allow police to impound the cars of anyone caught driving without a license, illegal or not. Wiles withdrew his bill after fellow Republicans questioned whether or not the law would catch legal Georgians, innocent of intentionally breaking the law. For example, a farmer driving his tractor who may not have his license with him when stopped, or a child forced to drive her parent to the hospital in an emergency. Opponents of the bill say it unfairly targets Spanish speaking individuals.

SENATE APPROVES CHARTER SCHOOL COMMISSION
Today, the state Senate approved the creation of a seven-member charter school commission. The commission’s job … reconsider applications from charter schools, that have already been rejected by local school boards. Republicans say charter schools are a necessary alternative to students in low performing school districts. However, Democrats say the measure reduces the power of both local school boards, and that of the state board of education. Democrat Vincent Fort represents parts of Atlanta. He calls the multi-layered review process unnecessary and opposes the bill. “It is an issue of yes, local control. Aren’t your local boards of education maintained and retained, the responsibility, the duty, the constitutional charge for their school systems? That is the question here that we face. What in effect is happening is, the local system’s decision is advisory. The local boards of education that are elected by the people are reduced to making advisory recommendations to a state commission.” Local officials have continually opposed the measure because it takes state money away from their schools, although the schools will retain any federal and local monies. The measure passed in the Senate by a vote of 29 to 18. It now heads back to the House for consideration because of differences with a similar version passed there.