Hb 218: New Law In Georgia?

On April 12, 2022, Georgia's House Bill 218 passed with a 100% progression rate. The bill, which amends Code Section 16-11-126 of the Official Code of Georgia Annotated, expands weapons carry license reciprocity in the state. It allows non-residents of Georgia to carry a weapon in the state if they are licensed to carry one in any other state. The bill also requires the Attorney General to enter into an agreement with any state that mandates recognizing and giving effect to weapons carry licenses for reciprocity.

HB218 passed on April 12, 2022

On April 12, 2022, HB218, a partisan bill (Republican 6-0), was passed in Georgia. The bill, sponsored by Rep. Mandi Ballinger, Rep. Alan Powell, Rep. Rick Jasperse, Rep. Clay Pirkle, Rep. Darlene Taylor, and Sen. Bo Hatchett, aimed to amend Code Section 16-11-126 of the Official Code of Georgia Annotated, which relates to carrying handguns, long guns, or other weapons, and the associated license requirements and exceptions.

The bill proposed to expand weapons carry license reciprocity in the state of Georgia. Specifically, it sought to authorize non-residents of Georgia to carry weapons in the state if they are licensed to do so in any other state. Additionally, the bill mandated that the Attorney General enter into agreements with other states to recognize and enforce weapons carry licenses reciprocally.

HB218 received a mix of support and opposition during its progression through the Georgia State Legislature. On February 25, 2021, the bill passed the House with a vote of 103-69, with one abstention. On March 29, 2021, the Senate adopted an amendment to the bill and passed it by a substitute vote of 34-18, with four abstentions. The bill continued to advance through the legislative process, with the House and Senate agreeing to amendments made by the other chamber.

Finally, on April 12, 2022, the bill was passed, with an effective date of July 1, 2022. This date signifies when the provisions of the bill officially came into force and were implemented in Georgia.

The bill amends code relating to carrying weapons

House Bill 218 (HB 218) in Georgia amends the code relating to carrying weapons. The bill, which was passed on April 12, 2022, and became effective on July 1, 2022, amends Code Section 16-11-126 of the Official Code of Georgia Annotated.

The bill makes changes to the laws related to having or carrying handguns, long guns, or other weapons in the state. It expands weapons carry license reciprocity in Georgia, allowing individuals who are not residents of the state to carry a weapon if they are licensed to do so in any other state. This means that non-residents with a valid weapon carry license from their home state or any other state will be authorized to carry a weapon in Georgia, provided they comply with the state's laws.

Additionally, the bill requires the Attorney General of Georgia to enter into agreements with other states that require reciprocal recognition of weapon carry licenses. This ensures that individuals with a Georgia weapon carry license will be able to carry their weapons in those states as well. The bill removes the previous requirement that other states' laws must recognize and give effect to Georgia's weapon carry licenses for reciprocity to be granted.

The bill also addresses exceptions for homes, motor vehicles, private property, and other locations and conditions. It aims to provide clarity and consistency in the laws regarding weapon possession and carry permits, ensuring that individuals who are lawfully carrying weapons in Georgia or other states with reciprocal agreements are authorized to do so.

Overall, the amendments made by HB 218 focus on expanding weapon carry license reciprocity, recognizing the rights of individuals from other states while also ensuring that Georgia residents can carry their weapons in other states with reciprocal agreements.

Non-residents can carry weapons if licensed in another state

House Bill 218 (HB 218) was signed into law by Governor Kemp on April 12, 2022, and it came into effect on July 1, 2022. This bill amends the Code Section 16-11-126 of the Official Code of Georgia Annotated, relating to the carrying of handguns, long guns, or other weapons.

One of the significant components of HB 218 is its provision for non-resident weapon carrying. The bill states that non-residents of Georgia are authorized to carry a weapon within the state if they are licensed to carry in any other state. This means that individuals who possess a valid weapons license or permit from another state can legally carry their weapons while in Georgia. This provision expands the weapons carry license reciprocity in Georgia, recognizing firearms licenses from all other states.

It is important to note that Georgia is a “shall-issue” state, meaning that concealed weapons licenses are issued at the county level and filed with the probate court in the county of residence. There is no license, background check, or firearms registration required when purchasing a handgun from a private individual in Georgia. Additionally, open carry is legal in Georgia with a Georgia Weapons Carry License (WCL) or a concealed carry permit from a state that Georgia honors.

For non-residents, the recognition of out-of-state licenses provides a level of convenience and assurance when traveling to or through Georgia. It is essential, however, to be mindful of the specific laws and regulations in Georgia regarding weapon carrying, as there are designated off-limits areas such as schools, courthouses, and certain areas of campuses of higher education.

The Attorney General must enter an agreement with states requiring this

House Bill 218 (HB 218) in Georgia, which passed on April 12, 2022, and became effective on July 1, 2022, includes a provision that addresses the role of the Attorney General in entering into agreements with other states regarding weapons carry license reciprocity.

The bill, entitled "A BILL to be entitled an Act to amend Code Section 16-11-126 of the Official Code of Georgia Annotated, relating to having or carrying handguns, long guns, or other weapons, license requirement, and exceptions," aims to expand weapons carry license reciprocity within the state. One of the key components of this bill is the requirement for the Attorney General to enter into agreements with other states to recognize and enforce weapons carry licenses issued in Georgia and vice versa.

The specific provision states that "the Attorney General shall enter into an agreement with any state that requires an agreement to recognize and give effect to weapons carry licenses for reciprocity." This means that the Attorney General of Georgia is mandated by law to negotiate and establish agreements with other states that have similar requirements or processes for issuing weapons carry licenses. By entering into these agreements, Georgia can recognize and honour weapons carry licenses from those states, and the other states will reciprocate by recognizing and honouring Georgia's weapons carry licenses.

This provision is designed to promote uniformity and mutual recognition of weapons carry licenses across different states. It ensures that individuals who are lawfully permitted to carry weapons in their home state can continue to do so when they travel to or through Georgia, and vice versa. This reciprocal agreement enhances the freedom and mobility of licensed gun owners while also maintaining public safety and compliance with state laws.

The Attorney General, as the chief legal officer of the state, is responsible for negotiating and executing these agreements. They will likely work in collaboration with their counterparts in other states to establish clear terms and conditions for the recognition of out-of-state weapons carry licenses. This may include verifying the validity and authenticity of licenses, establishing procedures for information sharing and data verification, and ensuring compliance with each state's specific regulations and restrictions.

The bill repeals conflicting laws

HB 218, or Georgia House Bill 218, was passed on April 12, 2022, with an effective date of July 1, 2022. The bill, entitled "Weapons Carry License Reciprocity", amends Code Section 16-11-126 of the Official Code of Georgia Annotated, which relates to the carrying of handguns, long guns, or other weapons, as well as license requirements and exceptions.

One of the key provisions of HB 218 is the repeal of conflicting laws. This means that any existing laws or provisions within the Official Code of Georgia Annotated that conflict with the new bill will be repealed or nullified. This ensures that the new legislation takes precedence and avoids any legal ambiguities or contradictions.

The bill specifically mentions the repeal of conflicting laws related to the carrying of weapons and license reciprocity. For example, HB 218 expands weapon carry license reciprocity in the state by authorizing non-residents to carry weapons in Georgia if they are licensed to do so in their home state. This provision may conflict with existing laws that restrict the carrying of weapons by non-residents or require specific Georgia-issued licenses. By repealing these conflicting laws, HB 218 establishes a more uniform and reciprocal system for weapon carry licenses.

Additionally, HB 218 includes provisions that grant the Attorney General the authority to enter into agreements with other states to recognize and honour each other's weapon carry licenses. This further expands weapon carry license reciprocity and may require the repeal of any existing laws or regulations that restrict such agreements. The bill also mentions the repeal of conflicting laws related to "other purposes", which likely refers to additional provisions within the bill that may conflict with existing legislation.

The repeal of conflicting laws is a standard component of legislation, ensuring that new laws take precedence and are effectively implemented without contradiction. In the case of HB 218, the repeal of conflicting laws helps to establish a more consistent and reciprocal system for weapon carry licenses in Georgia.

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