View Amendment Current Amendment: 28 to Bill 3094

Senator HEMBREE proposed the following amendment (3094R027.KMM.GH):

Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:

/SECTION__. A. Section 23-31-215(M) of the 1976 Code is amended to read:

" (M)(1)A permit issued pursuant to this section does not authorize a permit holder to carry a concealable weapon into a:

(1)(a) law enforcement, correctional, or detention facility;

(2)(b) courthouse or courtroom;

(3)(c) polling place on election days;

(4)(d) office of or the business meeting of the governing body of a county, public school district, municipality, or special purpose district;

(5)(e) school or college athletic event not related to firearms;

(6)(f) daycare facility or preschool facility;

(7)(g) place where the carrying of firearms is prohibited by federal law;

(8)(h) church or other established religious sanctuary unless express permission is given by the appropriate church official or governing body;

(9)(i) hospital, medical clinic, doctor's office, or any other facility where medical services or procedures are performed unless expressly authorized by the employer; or

(10)(j)place clearly marked with a sign prohibiting the carrying of a concealable weapon on the premises pursuant to Sections 23-31-220 and 23-31-235. Except that a property owner or an agent acting on his behalf, by express written consent, may allow individuals of his choosing to enter onto property regardless of any posted sign to the contrary. A person who violates a provision of this item, whether the violation is wilful or not, only may be charged with a violation of Section 16-11-620 and must not be charged with or penalized for a violation of this subsection.

(2) Except as provided for in item (10), a A person who wilfully violates a provision of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars or imprisoned not more than one year, or both, at the discretion of the court and have his permit revoked for five years one year.

(3)Nothing contained in this subsection may be construed to alter or affect the provisions of Sections 10-11-320, 16-23-420, 16-23-430, 16-23-465, 44-23-1080, 44-52-165, 50-9-830, and 51-3-145."

B.Section 23-31-220 of the 1976 Code is amended to read:

"Section 23-31-220. (A) Nothing contained in this article shall in any way be construed to limit, diminish, or otherwise infringe upon:

(1) the right of a public or private employer to prohibit a person who is licensed under this article from carrying a concealable weapon upon the premises of the business or work place or while using any machinery, vehicle, or equipment owned or operated by the business;

(2) the right of a private property owner or person in legal possession or control to allow or prohibit the carrying of a concealable weapon upon his premises.

(B)The posting by the employer, owner, or person in legal possession or control of a sign stating 'No Concealable Weapons Allowed' shall constitute notice to a person holding a permit issued pursuant to this article that the employer, owner, or person in legal possession or control requests that concealable weapons not be brought upon the premises or into the work place. A person who brings a concealable weapon onto the premises or work place in violation of the provisions of this paragraph may be charged with a violation of Section 16-11-620. A person who willfully brings a concealable weapon onto a premises or work place in violation of a posting pursuant to this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars, imprisoned not more than one year, or both, at the discretion of the court, and have his concealable weapon permit revoked for one year. In addition to other penalties provided herein, a person convicted of a second or subsequent violation of willfully bringing a concealable weapon onto a premises or work place in violation of a posting pursuant to this section must have his concealable weapon permit revoked for a period of one year. A posting that prohibits bringing a concealable weapon onto a premises or work place pursuant to this section does not apply to persons specified in Section 16-23-20(1). In addition to the penalties provided in Section 16-11-620, a person convicted of a second or subsequent violation of the provisions of this paragraph must have his permit revoked for a period of one year. The prohibition contained in this section does not apply to persons specified in Section 16-23-20, item (1)." /