9 months ago
The content of HB 60, the omnibus gun bill passed by the Legislature last Thursday, is finally available online and in hard copy at the state Capitol.
Two areas are likely to spark some controversy. First, there’s a requirement that holders of concealed weapons permits must have that license on their persons when they carry. Which is immediately followed by the caveat that cops aren’t allowed to stop anyone solely to check for that permit:
(a) Every license holder shall have his or her valid weapons carry license in his or her immediate possession at all times when carrying a weapon, or if such person is exempt from having a weapons carry license pursuant to Code Section 16-11-130 or subsection (c) of Code Section 16-11-127.1, he or she shall have proof of his or her exemption in his or her immediate possession at all times when carrying a weapon, and his or her failure to do so shall be prima-facie evidence of a violation of the applicable provision of Code Sections
(b) A person carrying a weapon shall not be subject to detention for the sole purpose of investigating whether such person has a weapons carry license.
Howard Sills, sheriff of Putnam County, noted the language as the bill passed last week:
“Then there is one sentence, and it destroys everything, ” Sills said.
That one sentence says police may not detain anyone to demand to see a weapons permit. That means, Sills said, that if someone is walking down the street late at night with a pistol stuck in his waistband, police may not stop him and ask to see his weapons permit.
I don’t have much to say about this except notice the sleight of hand by the CLEO. What the proposed law says is that you must have your permit with you, and then they made it clear that there will be no “stop and identify” authority.
As it is now, Georgia is a stop and identify state (with some form of law intended for loitering). They are undoing that. That has no bearing on the issue of permits, and the CLEO knows it. He knows that he told a lie when he said one sentence “destroys everything.”