Printed Page 3050, May 22
| Printed Page 3070, May 22
|
Printed Page 3050, May 22
| Printed Page 3070, May 22
|
Amend the bill further, as and if amended, by adding an appropriately numbered new SECTION to read:
/SECTION ___. Section 10-11-320 of the 1976 Code is amended to read:
"Section 10-11-320. It shall be is unlawful for any a person or group of persons: (a) to carry or have readily accessible to the person upon the capitol grounds or within the capitol building any firearm, a dangerous weapon other than a firearm carried pursuant to Article 4, Chapter 23, Title 31, explosive, or incendiary device; (b) to discharge any a firearm or explosive or to use any a dangerous weapon or to ignite any an incendiary device upon the capitol grounds or within the capitol building; or (c) to transport by any means upon the capitol grounds or within the capitol building any an explosive or incendiary device."
Amend the bill, as and if amended, page 14, beginning on line 18 by striking SECTION 10 in its entirety.
Amend the bill further, as and if amended, by adding an appropriately numbered new SECTION to read:
/SECTION ___. Section 10-11-340 of the 1976 Code is amended to read:
"Section 10-11-340. Nothing contained in this article shall forbid prohibits any member of the General Assembly or any officer or employee or persons otherwise authorized and required to perform duties within the capitol building from performing their normal duties, including the carrying of firearms, except as may be limited by the rules of either House within their respective chambers."/
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/SECTION ___. Section 16-23-420 of the 1976 Code is amended to read:
"Section 16-23-420. (A) It is unlawful for a person to carry into a private or public school, college, or university building, or any publicly owned building except those located on the State House grounds, or have in his possession in the area immediately adjacent to these buildings, a
(B) It is unlawful for a person to enter these buildings, or the immediately adjacent areas, and to display, brandish, or threaten others with a firearm.
(C) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both.
(D) This section does not apply to a guard, law enforcement officer, or member of the armed forces, or student of military science. A married student residing in apartments provided by the private or public school whose presence with a weapon in or around a particular building is authorized by persons legally responsible for the security of the buildings is also exempted from the provisions of this section."/
Senator HOLLAND proposed the following Part I to Amendment No. 8A (JUD3730.046A), which was tabled:
Amend the bill further, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION ___. Section 10-11-320 of the 1976 Code is amended to read:
"Section 10-11-320. It shall be is unlawful for any a person or group of persons: (a) to carry or have readily accessible to the person upon the capitol grounds or within the capitol building any firearm, a dangerous weapon other than a firearm carried pursuant to Article 4, Chapter 23, Title 31, explosive, or incendiary device; (b) to discharge any a firearm or explosive or to use any a dangerous weapon or to ignite any an incendiary device upon the capitol grounds or within the capitol building; or (c) to transport by any means upon the capitol grounds or within the capitol building any an explosive or incendiary device."
Senator McCONNELL moved to table Part I of the amendment.
Part I of Amendment No. 8A was laid on the table.
Senator HOLLAND proposed the following Part II to Amendment No. 8A (3730R044.DHH), which was adopted:
Amend the bill, as and if amended, page 14, beginning on line 18 by striking SECTION 10 in its entirety.
/SECTION ___. Section 10-11-340 of the 1976 Code is amended to read:
"Section 10-11-340. Nothing contained in this article shall forbid prohibits any member of the General Assembly or any officer or employee or persons otherwise authorized and required to perform duties within the capitol building from performing their normal duties, including the carrying of firearms, except as may be limited by the rules of either House within their respective chambers."/
Senator McCONNELL moved that Part II of Amendment No. 8A be adopted.
Part II of Amendment No. 8A was adopted.
Senator HOLLAND proposed the following Amendment No. 8A (JUD3730.46B), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/SECTION ___. Section 16-23-420 of the 1976 Code is amended to read:
"Section 16-23-420. (A) It is unlawful for a person to carry into a private or public school, college, or university building, or any publicly owned building except those located on the State House grounds, or have in his possession in the area immediately adjacent to these buildings, a firearm of any kind, without the express permission of the authorities in charge of the buildings.
(B) It is unlawful for a person to enter these buildings, or the immediately adjacent areas, and to display, brandish, or threaten others with a firearm.
(C) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both.
(D) This section does not apply to a guard, law enforcement officer, or member of the armed forces, or student of military science. A married student residing in apartments provided by the private or public school whose presence with a weapon in or around a particular building is authorized by persons legally responsible for the security of the buildings is also exempted from the provisions of this section."/
Part III of Amendment No. 8A was laid on the table.
Senators WASHINGTON, FORD and GLOVER proposed the following Amendment No. 12A (JUD3730.054), which was tabled:
Amend the bill, as and if amended, page 3, in Section 23-31-215(A), as contained in SECTION 1, by adding an appropriately numbered item to read:
/( ) a written statement from a psychiatrist, psychologist, licensed professional counselor, licensed professional associate counselor, or marital and family therapist certifying that, in the opinion of the psychiatrist, psychologist, licensed professional counselor, licensed associate counselor, or marital and family therapist that the applicant has no mental illness, disability, or condition which would render him unfit to carry a concealed weapon pursuant to this article:/
Amend the bill further, as and if amended, page 7, in Section 23-31-215(P), as contained in SECTION 1, by adding an appropriately numbered item to read:
/( ) a written statement from a psychiatrist, psychologist, licensed professional counselor, licensed professional associate counselor, or marital and family therapist certifying that, in the opinion of the psychiatrist, psychologist, licensed professional counselor, licensed associate counselor, or marital and family therapist that the applicant has no mental illness, disability, or condition which would render him unfit to carry a concealed weapon pursuant to this article:/
Amend title to conform.
Senator WASHINGTON explained the amendment.
At 3:30 P.M., on motion of Senator McCONNELL, with unanimous consent, Senators McCONNELL, PASSAILAIGUE and MOORE were granted leave to attend a conference committee meeting, be counted in any quorum calls, and be notified of any roll call votes.
Senator WASHINGTON explained the amendment.
At 3:34 P.M., Senator MARTIN assumed the Chair.
Senator WASHINGTON moved that the amendment be adopted.
Senator WILSON moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Courson Courtney Fair Giese Gregory Hayes Lander Leatherman Leventis Martin Mescher O'Dell Peeler Ryberg Setzler Thomas Waldrep Wilson
Bryan Cork Drummond Ford Glover Hutto Jackson Land Matthews McGill Patterson Reese Short Smith, G. Smith, J.V. Washington
The amendment was laid on the table.
Senator LAND asked unanimous consent to take up Amendment No. 7A for immediate consideration.
There was no objection.
Senators LAND, HOLLAND, WASHINGTON, FORD, GLOVER and J. VERNE SMITH proposed the following Amendment No. 7A (JUD3730.047), which was adopted:
/( ) hospital, medical clinic, doctor's office, or any other facility where medical services or procedures are performed unless expressly authorized by the employer./
Renumber items to conform.
Amend title to conform.
Senator LAND explained the amendment.
Senator LAND moved that the amendment be adopted.
Senator WILSON moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Courtney Fair Gregory Leventis Martin Mescher O'Dell Peeler Rose Russell Ryberg Thomas Wilson
Alexander Bryan Cork Courson Drummond Ford Giese Glover Hayes Holland Hutto Jackson Land Lander Leatherman Matthews McGill Moore Patterson Rankin Reese Richter Saleeby Setzler Short Smith, G. Smith, J.V. Waldrep Washington
The amendment was adopted.
It is my belief that hospitals are covered as a business and that this amendment is not necessary.
Senators WASHINGTON, FORD and GLOVER proposed the following Amendment No. 13A (JUD3730.052), which was tabled:
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION ___. Chapter 31, Title 23, of the 1976 Code is amended by adding:
Section 23-31-710. This act may be cited as the `Children's Firearm Protection Act of 1996'.
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 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
(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 himself or another person or causes the firearm to discharge, but death does not occur, the person is guilty of criminal storage of a firearm in the second degree.
Section 23-31-740. This article does not apply when:
(1) the minor obtains the firearm as a result of an illegal entry to any premises by any person;
(2) the firearm is kept in a locked container or in a location which a reasonable person would believe to be secure;
(3) the firearm is carried on the person or within such a close proximity in order for the person to readily retrieve and use the firearm as if carried on the person;
(4) the firearm is equipped with a trigger-locking device and the device is on;
(5) the person is a peace officer, police officer, or law enforcement officer, or a member of the armed forces or national guard and the minor obtains the firearm during, or incidental to, the performance of the person's duties;
(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;
(8) the minor obtains the firearm for target or sport shooting events or hunting.
Section 23-31-750. A person who is convicted of criminal storage of a firearm must be:
(1) imprisoned for not more than three years or fined not more than ten thousand dollars, or both, for criminal storage of a firearm in the first degree;
(2) imprisoned not more than one year or fined not more than one thousand dollars, or both, for criminal storage of a firearm in the second degree.
Section 23-31-760. (A) If the person who violates this article is related within the third degree of consanguinity to a minor who is injured or dies
(B) This article may not restrict, in any manner, the factors that a solicitor may consider when deciding whether to prosecute a person who violated this article.
Section 23-31-770. In addition to the limitation contained in this article, a law enforcement officer shall consider the health status of a minor who suffers great bodily injury as the result of 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 23-31-780. (A) The fact that the person who violates this article attended a firearms 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 firearms safety training course before the purchase of the firearm that is obtained by a minor in violation of this article is admissible.
Section 23-31-790. (A) Upon the retail sale or transfer of a firearm, the seller must deliver a written or printed warning to the purchaser. The warning must be written or printed in block letters not less than one-fourth inch in height and must state:
`IT IS UNLAWFUL AND PUNISHABLE BY IMPRISONMENT AND FINE FOR ANY ADULT TO STORE OR LEAVE A FIREARM IN ANY PLACE WITHIN THE REACH OR EASY ACCESS OF A MINOR'.
`IT IS UNLAWFUL TO STORE OR LEAVE A FIREARM IN ANY PLACE WITHIN THE REACH OF 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."
SECTION ___. Chapter 32, Title 59 of the 1976 Code is amended by adding:
"Section 59-32-25. In addition to the comprehensive health education program, the department shall develop a gun safety program for public health for implementation in the schools of this State."/
Renumber remaining sections to conform.
Amend title to conform.
Senator WASHINGTON explained the amendment.
Senator COURTNEY argued contra to the adoption of the amendment.
Senator COURTNEY moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Courson Courtney Elliott Fair Giese Hayes Hutto Lander Leatherman Leventis Martin Mescher Moore O'Dell Peeler Reese Richter Rose Russell Ryberg Setzler Thomas Waldrep Wilson
Cork Ford Glover Jackson Land Matthews McGill Passailaigue Patterson
Rankin Saleeby Smith, J.V. Washington
Printed Page 3050, May 22
| Printed Page 3070, May 22
| This web page was last updated on Monday, June 29, 2009 at 1:59 P.M.