Bill would legalize brandishing a gun
Published 1:00 pm Wednesday, March 4, 2020
ATLANTA — Some Georgia lawmakers are working hard to make it legal for people to brandish a gun.
Sen. Tyler Harper, R-Ocilla, introduced the legislation that would make it legal for gun owners to show their firearms during an argument as long as they don’t “aim it offensively” at another person.
The bill passed the Senate Judiciary Committee in a 5-3 party-line vote, in a committee meeting that went late into the evening Monday.
Harper said the purpose of the legislation is to “decriminalize” displaying a firearm and allow firearms to be brandished when attempting to deescalate a situation.
Currently in Georgia, gun owners can be charged with felony aggravated assault and face up to 20 years in prison if they draw their firearm during a dispute.
“The crime that you could be charged for displaying your weapon can be treated just the same as if you actually shot someone,” Harper said.
If a person displays or pulls a gun on another person “in a threatening manner” they could be charged with felony aggravated assault.
The legislation revises definitions that would allow weapons to be carried in churches and in courts that aren’t holding judicial proceedings or officers of the court aren’t conducting business.
Guns would still not be allowed in court buildings that require security checks.
Under current law churches are required to “opt in” to allow carrying on the property. With the changes, private carrying would be allowed unless churches “opt out,” Harper said.
Churches could still make the decision on a person-to-person basis.
“My argument is, just because I have a weapon on my person and I show that weapon, that I should not be charged with a felony — a 20 year felony at that,” Harper said in committee, “for simply brandishing my firearm in my attempt to deescalate what I consider a situation where I feel threatened.”
Thomas Weaver, a gun rights activist, said that under current law if you shoot someone in self defense and it is upheld in court as such, you get off “scot-free.” But if you show someone your weapon and don’t fire it, he said, that can be aggravated assault.
“It’s actually easier to just go ahead and shoot somebody if they’re threatening you,” he said.
Sen. Harold Jones, D-Augusta, said that prosecutors must prove intent to murder for a person to be found guilty of aggravated assault by pulling a gun.
“A person who pulls their gun out and has it at their side — at their side,” Jones said, “would not fit this new definition of aggravated assault.”
Sen. Elena Parent, D-Atlanta, took to social media on Monday night and then to the floor of the Senate Tuesday morning to speak out against the bill, calling the legislation “horrific.”
“With all due respect to my colleagues who I admire,” she said, “instead of taking action to curb the bloodshed, to curb the fear, the Georgia Senate is instead showing we just don’t get it.”
Parents said the legislation that she noted was passed after 8 p.m. Monday night, would “further degrade our laws with protections for guns over people, we demonstrate that we do not understand.”
“When will this body open its eyes and face the facts,” she said.