Senator HEMBREE proposed the following amendment (3094R051.KM.GH):

Amend the bill, as and if amended, by striking SECTION 8 in its entirety and inserting:

/SECTION8. Section 23-31-520 of the 1976 Code is amended to read:

"Section 23-31-520. This article does not affect the authority of any county, municipality, or political subdivision to regulate the careless or negligent discharge or public brandishment of firearms, nor does it prevent the regulation of public brandishment of firearms during the times of or a demonstrated potential for insurrection, invasions, riots, or natural disasters. This article denies any county, municipality, or political subdivision the power to confiscate a firearm or ammunition unless incident to an arrest.

(A) A governing body of a county, municipality, or political subdivision may temporarily restrict the otherwise lawful open carrying of a firearm on public property when a governing body issues a permit to allow a public protest, rally, fair, parade, festival, or other organized event. However, if a permit is not applied for and issued prior to an event as described in this subsection, then a governing body may not exercise the provisions of this subsection. Nothing in this item prevents a person or entity hosting a public protest, rally, fair, parade, festival, or other organized event from prohibiting the open carrying of a firearm during the event. A person or entity hosting a public protest, rally, fair, parade, festival, or other organized event must post signs at the event if open carrying is allowed or not allowed at the event.

(B) A governing body exercising the authority granted to it pursuant to this section must be event-specific in the area, duration, and manner in which the restriction is imposed and must provide prior notice of the restriction when feasible. In no event may the restriction extend beyond the beginning and conclusion of the event or beyond the location of the event.

(C) Nothing in this section shall in any way be construed to limit, diminish, or otherwise infringe upon the exercise of a governing body's authority as provided for in Section 23-31-220 or to preempt the enforcement of the provisions of Sections 23-31-215 and 16-23-20.

(D) A governing body may temporarily take possession of a firearm or ammunition for a violation of this section if necessary for public or officer safety. The law enforcement agency shall notify the owner when the firearm is available for release. If the owner fails to recover the firearm within thirty days after the notification, then the law enforcement agency may dispose of the firearm. Nothing in this item shall in any way limit the exercise by law enforcement of the seizure and confiscation of a weapon incident to a lawful arrest." /