Printed Page 3490, May 16
| Printed Page 3510, May 16
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Printed Page 3490, May 16
| Printed Page 3510, May 16
| Rep. J. YOUNG proposed the following Amendment No. 18 (Doc Name L:\council\legis\amend\BBM\10201CM.95), which was adopted.
Amend the Report of the Committee on Judiciary, as and if amended, Section 23-31-210(5), SECTION 1, page 3730-2, by striking lines 42 and 43 and inserting:
/carried in a manner that is hidden from public view in normal wear of clothing except when needed for self-defense./
Amend title to conform.
Rep. J. YOUNG explained the amendment.
The amendment was then adopted.
The SPEAKER granted Rep. BOAN a leave of absence for the remainder of the day.
Reps. HUTSON, WELLS, RHOAD, J. HARRIS, ALLISON, HARRELL, CROMER, STUART, THOMAS and R. SMITH proposed the following Amendment No. 19 (Doc Name L:\council\legis\amend\DKA\3959CM.95), which was tabled.
Amend the Report of the Committee on Judiciary, as and if amended, Section 23-31-215(L)(11), SECTION 1, page 3730-5, by striking line 29 and inserting:
/law;
(12) church; or
(13) college campus./
Renumber items to conform.
Amend title to conform.
Rep. HUTSON explained the amendment.
Rep. HALLMAN raised the Point of Order that Amendment No. 19 was out of order as it was the same as a previous amendment, Amendment No. 2, which had already been disposed of.
The SPEAKER stated that Amendment No. 2 was a broader amendment and that this one was more restrictive referring to a college and church and he overruled the Point of Order.
Rep. QUINN moved to divide the question, which was rejected.
Rep. HUTSON continued speaking.
Reps. SIMRILL and KLAUBER spoke against the amendment.
Rep. SIMRILL moved to table the amendment.
Rep. CROMER demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Askins Bailey Baxley Brown, H. Cain Carnell Cato Chamblee Cooper Dantzler Easterday Fair Fleming Fulmer Hallman Harrell Harrison Harvin Haskins Herdklotz Huff Jennings Kinon Kirsh Klauber Knotts Koon Lanford Law Limehouse Littlejohn McAbee McKay Meacham Neilson Quinn Rice Riser Sandifer Seithel Simrill Smith, R. Spearman Stille Stoddard Townsend Tripp Trotter Vaughn Waldrop Whatley Wilkins Witherspoon Wofford Wright Young, A.
Anderson Breeland Brown, G. Brown, J. Cave Cotty Cromer Gamble Govan Harris, J. Hines Hodges Hutson Kelley Keyserling Lloyd Marchbanks Martin McMahand McTeer Moody-Lawrence Rhoad Richardson Robinson Sheheen Shissias Stuart Wilder Wilkes Worley
So, the amendment was tabled.
Reps. WILKES and MARTIN proposed the following Amendment No. 20 (Doc Name L:\council\legis\amend\DKA\3966CM.95), which was tabled.
Amend the Report of the Committee on Judiciary, as and if amended, Section 23-31-215, SECTION 1, beginning on page 3730-3 and line 1, by adding an appropriately lettered subsection to read:
/( ) An establishment that is licensed to serve alcohol, beer, or wine shall make available to an unarmed patron upon entering the premises a gun, knife, club, or brass knuckles for his lawful use during his patronage of the establishment./
Reletter subsections to conform.
Amend title to conform.
Rep. WILKES explained the amendment.
Rep. MARTIN spoke in favor of the amendment.
Rep. WOFFORD moved to table the amendment.
Rep. WILKES demanded the yeas and nays, which were not ordered.
The amendment was then tabled.
Rep. MARTIN proposed the following Amendment No. 21 (Doc Name L:\council\legis\amend\DKA\4007CM.95), which was tabled.
Amend the Report of the Committee on Judiciary, as and if amended, SECTION 1, page 3730-1, line 40, by striking /Concealed/.
Amend further, by deleting Section 23-31-210(5), SECTION 1, page 3730-2,
beginning on line 40, and inserting:
Amend further, Section 23-31-215(A) and (B), SECTION 1, page 3730-3, by striking on lines 2 and 15 /concealable/.
Amend further, Section 23-31-215(J), (L), and (M), by striking /concealed/ on page 3730-4, line 37, and on page 3730-5, lines 10 and 34.
Amend further, Section 23-31-215(N)(3), page 3730-6, line 4, by striking /concealable/.
Amend further, Section 23-31-215(P), page 3730-6, by striking beginning on line 13 /concealed weapons/ and inserting /weapon/, and by striking on line 17 /concealed/.
Amend further, SECTION 3, page 3730-9, line 12, by striking /concealed/.
Amend title to conform.
Rep. MARTIN explained the amendment.
Rep. J. YOUNG spoke against the amendment and moved to table the amendment, which was agreed to.
Rep. RICHARDSON proposed the following Amendment No. 22, which was tabled.
Amend the bill, as and if amended, by adding Section 5 on page 9, line 14, which states:
without regard to all other provisions of this act, it is unlawful to carry a concealed weapon into any public gathering of more the 250 people. The penalty shall be a $500.00 fine and/or thirty days in jail.
Rep. RICHARDSON explained the amendment.
Rep. SIMRILL moved to table the amendment, which was agreed to.
Rep. KEYSERLING proposed the following Amendment No. 23 (Doc Name L:\council\legis\amend\DKA\3960CM.95), which was tabled.
Amend the Report of the Committee on Judiciary, as and if amended, by striking Section 23-31-215(H), SECTION 1, page 3730-4, and inserting:
/(H) SLED shall maintain a list of all permit holders and the current status of each permit. SLED must provide the list of permit holders to a state or local law enforcement agency upon request at no charge. The list of permit holders must be treated by SLED and law enforcement agencies
Amend title to conform.
Rep. KEYSERLING explained the amendment.
Rep. J. YOUNG spoke against the amendment and moved to table the amendment, which was agreed to.
Rep. KEYSERLING proposed the following Amendment No. 25 (Doc Name L:\council\legis\amend\DKA\3962CM.95), which was tabled.
Amend the Report of the Committee on Judiciary, as and if amended, Section 23-31-215(L), SECTION 1, page 3730-5, by striking line 29 and inserting:
/law;
(12) place where he is employed; or
(13) the Department of Social Services, the Department of Mental Health, or the Employment Security Commission. /
Renumber items to conform.
Amend title to conform.
Rep. KEYSERLING explained the amendment.
Rep. J. YOUNG spoke against the amendment.
Rep. J. YOUNG moved to table the amendment, which was agreed to.
Rep. KEYSERLING proposed the following Amendment No. 26 (Doc Name L:\council\legis\amend\DKA\3963CM.95), which was adopted.
Amend the bill, as and if amended, Section 23-31-215(L), SECTION 1, page 3730-5, by inserting before the period on line 33:
/and have his permit revoked for five years/
Amend title to conform.
Rep. KEYSERLING explained the amendment.
The amendment was then adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Chapter 31, Title 23 of the 1976 Code is amended by adding:
Section 23-31-710. This article may be cited as the `Children's Firearm Education and Protection Act of 1995'.
Section 23-31-720. As used in this article:
(1) `Trigger-locking device' means a device which prevents the firearm from functioning and which, when applied to the weapon, renders the weapon inoperable.
(2) `Loaded firearm' means a firearm which has an unexpended cartridge or shell, consisting of a case which holds a charge of powder and a bullet or shot, in, or attached in any manner to, the firearm, including, but not limited to, in the firing chamber, magazine, or clip of it attached to the firearm. A muzzle-loader firearm is considered to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinder.
(3) `Locked container' means a secure container which is fully enclosed and locked by a padlock key, lock, combination lock, or similar locking device. The term includes the locked utility or glove compartment of a motor vehicle.
(4) `Minor' means a person under fourteen years of age.
Section 23-31-730. (A) Except as provided in Section 23-31-740, if a person keeps a loaded firearm on premises under his custody or control and he knows or reasonably should know that a minor is likely to gain access to the firearm without the supervision of the person who has custody or control of the premises and the minor obtains access to the firearm and causes death to himself or another person, the person is guilty of criminal storage of a firearm in the first degree, a misdemeanor. Upon conviction, the person must be imprisoned not more than three years or fined not more than three thousand dollars, or both.
(B) Except as provided in Section 23-31-740, if a person keeps a loaded firearm on premises under his custody or control and he knows or reasonably should know that a minor is likely to gain access to the firearm without the supervision of the person who has custody or control of the premises and the minor obtains access to the firearm and causes injury to
Section 23-31-740. This article does not apply when:
(1) the person keeps or stores the loaded firearm in a place which reasonably assures that it is not accessible by and out of the sight of a minor;
(2) the minor obtains the firearm as a result of an illegal entry to any premises by any person;
(3) the firearm is kept in a locked container or in a location which a reasonable person would believe to be secure;
(4) the firearm is carried on the person or within a close proximity so that the individual can readily retrieve and use the firearm;
(5) the firearm is equipped with a trigger-locking device and the device is on;
(6) the minor obtains, or obtains and discharges, the firearm in a lawful act of self-defense or defense of another person;
(7) the person who keeps a loaded firearm on premises under his custody or control has no reasonable expectation, based on objective facts and circumstances, that a minor is likely to be present on the premises; or
(8) the minor obtains the firearm for target or sport shooting events or hunting.
Section 23-31-750. (A) If the person who violates this article is related within the third degree of consanguinity to a minor who is injured or dies as the result of an accidental shooting, the solicitor shall consider, among other factors, the impact of the injury or death on the person when deciding whether to prosecute a violation. It is the General Assembly's intent that a person related within the third degree of consanguinity to a minor who is injured or dies from an accidental shooting must be prosecuted only when the person related within the third degree of consanguinity behaved in a grossly negligent manner or where similarly egregious circumstances exist.
(B) This article may not restrict the factors that a solicitor may consider when deciding whether to prosecute a person who violated this article.
Section 23-31-760. (A) If the person who violates this article is the person related within the third degree of consanguinity to a minor who is injured or who dies from of an accidental shooting, an arrest of the person
(B) A law enforcement officer shall consider the health status of a minor who suffers great bodily injury from an accidental shooting before arresting a person for a violation of this section, if the person to be arrested is related within the third degree of consanguinity to the injured minor. The intent of this subsection is to encourage law enforcement officials to delay the arrest of a parent or guardian of a seriously injured minor while the minor remains on life-support equipment or is in a similarly critical medical condition.
Section 23-31-770. (A) The fact that the person who violates this article attended a firearm safety training course before the purchase of the firearm that is obtained by a minor in violation of this article must be considered a mitigating factor by a solicitor when he is deciding whether to prosecute the violation.
(B) In an action or trial commenced under this article, the fact that the person who violated this article attended a firearm safety training course before the purchase of the firearm that is obtained by a minor in violation of this article is admissible as evidence.
Section 23-31-780. (A) Upon the retail sale or transfer of a firearm, the
seller shall deliver a written warning to the purchaser. The warning, written
in block letters not less than one-fourth inch in height must state:
`IT IS UNLAWFUL AND PUNISHABLE BY IMPRISONMENT AND FINE FOR AN ADULT TO
STORE
OR LEAVE A LOADED FIREARM IN A PLACE WITHIN THE REACH OR EASY ACCESS OF A
MINOR.'
(B) A retail dealer who sells firearms shall conspicuously post at each
purchase counter a warning written in block letters not less than one inch in
height that states:
`IT IS UNLAWFUL TO STORE OR LEAVE A LOADED FIREARM IN A PLACE WITHIN THE
REACH OR EASY ACCESS OF A MINOR.'
(C) A person who knowingly violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars nor more than five thousand dollars."/
Renumber sections to conform.
Amend title to conform.
Rep. KEYSERLING explained the amendment.
Rep. QUINN raised the Point of Order that Amendment No. 27 was out of order as it was not germane in that the amendment dealt with firearms in the home and the Bill dealt with concealed weapons.
Rep. KEYSERLING argued contra the Point.
SPEAKER Pro Tempore HASKINS stated that Article 6 in the Bill dealt with the using of firearms while under the influence of a controlled substance and that the Bill did not just provide for concealed weapons and he overruled the Point of Order.
Rep. KEYSERLING continued speaking.
Rep. COOPER moved to table the amendment.
Rep. KEYSERLING demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 50 to 13.
Rep. J. YOUNG proposed the following Amendment No. 28 (Doc Name L:\council\legis\amend\DKA\4038CM.95), which was adopted.
Amend the Report of the Committee on Judiciary, as and if amended, Section 23-31-210(1), SECTION 1, page 3730-2, by inserting after /section/ on line 5:
/, or military personnel on permanent change of station orders/
Amend title to conform.
Rep. J. YOUNG explained the amendment.
The amendment was then adopted.
Rep. J. YOUNG proposed the following Amendment No. 29 (Doc Name L:\council\legis\amend\DKA\4036CM.95), which was adopted.
Amend the Report of the Committee on Judiciary, as and if amended, Section 23-31-420(A)(2), SECTION 2, page 3730-8, by striking line 25 and inserting:
/(2) If there was at that time in excess of five one-hundredths of one/
Amend title to conform.
Rep. J. YOUNG explained the amendment.
The amendment was then adopted.
Amend the Report of the Committee on Judiciary, as and if amended, Section 23-31-215(H), SECTION 1, page 3730-4, by striking beginning on line 16 through line 22: /The list of permit holders must be treated by SLED and by all law enforcement agencies which receive a copy of a portion of it as confidential and exempt from release pursuant to the Freedom of Information Act request or other action seeking to compel release in order to protect the legitimate privacy rights of permit holders. However, SLED must release the name of a permit holder upon receiving a request./
Amend title to conform.
Rep. JENNINGS moved to table the amendment, which was agreed to.
Rep. HODGES proposed the following Amendment No. 31 (Doc Name L:\council\legis\amend\DKA\4032CM.95), which was tabled.
Amend the Report of the Committee on Judiciary, as and if amended, by striking Section 23-31-215(A)(5), page 3730-3, line 11, and inserting:
/(5) payment of a two hundred dollar application fee. One-half of the fee must be placed in the state general fund. The remainder of the fee must be remitted to the sheriff's department in the county where the applicant resides./
Amend title to conform.
Rep. HODGES explained the amendment.
Rep. J. YOUNG spoke against the amendment and moved to table the amendment, which was agreed to.
Rep. HODGES proposed the following Amendment No. 32 (Doc Name L:\council\legis\amend\DKA\4033CM.95), which was tabled.
Amend the Report of the Committee on Judiciary, as and if amended, Section 23-31-215(A), SECTION 1, page 3730-3, by adding an appropriately numbered item to read:
/( ) a notarized statement from the sheriff's department serving the county in which the applicant resides stating that the applicant:
(a) successfully has completed a criminal background check; and
(b) should not pose a threat to the public's safety by carrying a concealable weapon./
Renumber items to conform.
Amend title to conform.
Printed Page 3490, May 16
| Printed Page 3510, May 16
|