Kelli Hernandez
VALDOSTA — Right now in the state of Georgia, a licensed gun owner can carry a firearm in a motor vehicle as long as the weapon is in plain view on the seat or dashboard or stored in the glove box or center console, without a concealed weapons permit. But this law could change in the near future if House Bill 89 is passed.
Sponsored by State Rep. Timothy Bearden, R-Villa Rica, HB 89 would allow a firearm to be stored by a licensed gun owner anywhere in a private vehicle, including between the seats, under the floor mats or above a visor, whether or not the owner has been issued a concealed weapons permit.
“It seems to me that for the past 30 to 40 years the liberal law makers and liberal courts have dismantled the Second Amendment of the Constitution,” Bearden states on his campaign Web site. “There is no more important amendment than the Second Amendment. Without it, none of the other amendments could ever stand on their own.”
On Feb. 12, the bill was approved in the House by a 130-38 vote and has been referred to the Senate Judiciary Committee for review. The local delegation including Rep. Amy Carter, D-Valdosta, House District 175, Rep. Ellis Black, D-Valdosta, House District 144, and Rep. Jay Shaw, D-Lakeland, House District 176, all supported the bill.
“I think it is an extension of what a person has in their home,” Shaw said in explaining why he supported the bill. “It does not affect felons anyway, they can’t carry guns. This is basically a law for law-abiding citizens.”
Law enforcement throughout the state has been torn by the bill. Some believe that the extension of rights of gun owners may make traffic stops more dangerous for law enforcement officers, and the Georgia Association of Chiefs of Police has come out against the bill. However, the Georgia Sheriff’s Association has yet to take a political stance.
“It’s kind of a double-edged sword,” said Lowndes County Sheriff Ashley Paulk, immediate past president of the GSA. “If we’re going to be harmed by a weapon, a bad guy is going to have a weapon anyway. The permit situation doesn’t affect the people that would harm us anyway; the permit is the least of their worries.”
Georgia law currently allows gun owners 21 and older to obtain a concealed weapons permit with clearance after a criminal background check. Citizens with a history of mental illness or substance abuse, convicted felons and illegal aliens are ineligible to receive the permit.
“Right now a law-abiding citizen could be arrested and charged with a felony if the firearm is in the wrong place in the car,” Bearden said on his Web site. “There should be no limitation to where a law abiding citizen carries his/her firearm. I would like to see enough support for law-abiding citizens to be able to carry a concealed weapon anywhere that citizen wants to carry the firearm. In an ever dangerous society we must be able to protect ourselves and our families from the criminals that already carry concealed firearms. Crime would definitely decrease if the criminals did not know who was armed before choosing a victim.”
Carter agrees. “There are several reasons why I chose to support it. For one, since I am new to the position, I call home to people in the community who are faced more with issues than I am to see how they feel about it. When House Bill 89 came up, I contacted a leader in the law enforcement community and asked what his take would be, and he didn’t have a problem with it. I also know that many in this community value the right to carry a gun, so when I got the stamp of approval, I felt it was safe to vote for the bill. I just believe in that right.”
Carter also added that a number of representatives opposed to the bill brought to light examples of children being killed by guns stored in vehicles.
“I just couldn’t see how a concealed weapon vs. a weapon in the seat or console would be different for a child to get their hands on. They’ve always had the right to carry a gun in their car. This is for law-abiding citizens and a matter of where they can store it,” Carter said.
Sen. Tim Golden, D-Valdosta, Senate District 8, stated that he will wait to see what comes out of the Judiciary Committee and whether or not any changes will be made before deciding whether he will support HB 89.
