Hieu M. Nguyen Harben, Hartley & Hawkins, LLP 340 Jesse Jewell Parkway, Suite 750 Gainesville, Georgia 30501 770-534-7341
HB 60 and designating a volunteer to “carry” No longer limited to administrator, now “approved personnel” or “a person” Decision rests with local board of education, no liability either way Training required, costs paid by BOE Approval of weapons and security of weapons Non-criminal, non-mentally ill, license holder 3
HB 826 – would have changed definition of weapon for purposes of felony statute to remove long list and focus just on guns and explosives Would have allowed a “person” to be authorized to carry without training and other provisions Would have changed mandatory reporting requirements for educators by changing definitions in criminal and juvenile law Still requires board policy for all weapons Allows more flexibility, even by superintendents or administrators, to modify one year mandated expulsion for students with guns in federal law 4
→ Signed April 23, 2014 → In effect, July 1, 2014 5
Basically kept the same definition in O.C.G.A. § 16-11-127.1 "Weapon" means and includes any pistol, revolver, or any weapon designed or intended to propel a missile of any kind, or any dirk, bowie knife, switchblade knife, ballistic knife, any other knife having a blade of two or more inches, straight-edge razor, razor blade, spring stick, knuckles, whether made from metal, thermoplastic, wood, or other similar material, blackjack, any bat, club, or other bludgeon-type weapon, or any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain, or any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart, or any weapon of like kind, and any stun gun or taser as defined in subsection (a) of Code Section 16-11-106. This paragraph excludes any of these instruments used for classroom work authorized by the teacher. 6
(b)(1) Except as otherwise provided in subsection (c) of this Code section, it shall be unlawful for any person to carry to or to possess or have under such person's control while within a school safety zone or on a bus or other transportation furnished by a school any firearm or explosive compound, other than fireworks.
A person who is licensed … when such person carries or picks up a student within a school safety zone, a school function, or on a bus or other transportation furnished by a school or a person who is licensed … when he or she has any weapon legally kept within a vehicle when such vehicle is parked within a school safety zone or is in transit through a designated school safety zone; O.C.G.A. § 16-11-127.1(c)(7) 8
Each school will identify an area(s) where student(s) may be dropped off for school and picked up after school dismisses; A person who takes a student(s) to school or picks a student(s) up from school may do so at the designated drop/pickup area; Any person who accompanies or meets the student(s) beyond the designated drop/pickup area is considered a visitor; A person on school grounds other than the designated drop/pickup area is considered a visitor; Visitors must first sign in at the front office.
HB 60 (O.C.G.A. § 16-11-127) “A license holder shall be authorized to carry a weapon in a government building when the government building is open for business and where ingress into such building is not restricted or screened by security personnel. A license holder who enters or attempts to enter a government building carrying a weapon where ingress is restricted or screened by security personnel shall be guilty of a misdemeanor if at least one member of such security personnel is certified as a peace officer … provided, however, that a license holder who immediately exits such building or immediately leaves such location upon notification of his or her failure to clear security due to the carrying of a weapon shall not be guilty of violating this subsection….” 10
Take the position that it is a school safety zone; Treat it the same as all other school buildings in terms of signs and requirements for visitors to check in at a designated location; 11
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Review policies and code of conduct with regard to one year mandated expulsion for possession of firearm and who or what can modify that mandated punishment. O.C.G.A. § 20-2-751.1 14
Review mandated reporting requirements which still require teachers to report students with weapons on campus and the referral to police, district attorney and superintendent. O.C.G.A. § 20-2-1184 15
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Requests for copies: FERPA implications; E-Discovery: duty to preserve; Records retention and storage; Public Relations.
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