X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Appellant GeorgiaCarry.Org, Inc., GCO filed a complaint against the Code Revision Commission and its members, David Ralston, in his official capacity as Speaker of the House of Representatives of Georgia, Lowell Cagle, in his official capacity as President of the Senate of Georgia, and Governor Nathan Deal, seeking a writ of mandamus to compel the Code Revision Commission to amend the text of OCGA § 16-11-127.1 and a judgment declaring that it is not a crime for a person with a weapons carry license to carry a firearm within a school safety zone.1 After motions to dismiss filed by both the Governor and CRC were granted in separate orders, GCO appealed from the order granting CRC’s motion to dismiss.2 For the reasons that follow, we affirm.

This appeal arises out of the passage of two weapons related bills passed by the Georgia General Assembly during the 2013-2014 legislative session. The first, House Bill 826, was passed by the Georgia House of Representatives on February 25, 2014, passed by the Georgia Senate on March 20, 2014, and signed by the Governor on April 22, 2014. See HB 826, Act 575, Ga. L. 2014, p. 432, § 1-1. Section 1-1 of that bill addressed weapons as they related to juveniles and schools and amended OCGA § 16-11-127.1 to permit a person licensed to carry a firearm3 in accordance with OCGA § 16-11-129 to do so within a school safety zone.4 See Ga. L. 2014, p. 432, 433. The second bill, House Bill 60, was passed by the Georgia Senate on March 18, 2014, passed by the Georgia House of Representatives on March 20, 2014, and signed by the Governor on April 23, 2014. See Ga. L. 2014, p. 599. Section 1-6 of this bill was a more comprehensive bill addressing issues of weapons carry and licensing. Like HB 826, it amended OCGA § 16-11-127.1, but it did so, in relevant part, by expressly prohibiting the carrying of a weapon, which was defined to include a firearm,5 within a school safety zone.6 See Ga. L. 2014, p. 599, 605, § 1-6. This prohibition was subject to certain enumerated exceptions, including an exception allowing persons licensed under OCGA § 16-11-129 to carry or possess a firearm within a school safety zone but only when such person carries or picks up a student within a school safety zone. Id. at 606.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
September 12, 2024
New York, NY

Consulting Magazine identifies the best firms to work for in the consulting profession.


Learn More

Educational law firm seeks highly motivated Litigation Associate admitted in New Jersey with 3-6 years of first chair trial litigation exper...


Apply Now ›

McCarter & English, LLP is actively seeking a junior to midlevel litigation associate for its office located in Wilmington, DE. Two to f...


Apply Now ›

Boston, MA; Minneapolis, MN; New York, NY; Philadelphia, PA; Pittsburgh, PA; Princeton, NJ; Washington, D.C.; West Palm Beach, FL Descriptio...


Apply Now ›
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›