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Georgia legislator introduces bill to repeal permit requirement to open carry handguns!

March 2, 3:20 PMDC Gun Rights ExaminerMike Stollenwerk
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    Open carriers in San Diego, CA, Feb. 28, 2009 

Unlike most states, Georgia requires a permit to carry an unconcealed handgun. But now Georgia State Representative Tim Bearden (R – Carroll and Douglas Counties)  seeks to change that by introducing HB 615. 

Already attracting 5 co-sponsors in the Georgia legislature, HB 615 does a number of things to comprehensively reform Georgia’s onerous gun carry laws, but the centerpiece of the bill is Section 3 which repeals the requirement to have a permit to carry an unconcealed handgun. Bearden, a former police officer and rising star in the eyes of gun rights experts, has a good track record at getting good gun bills passed. Just last year this junior legislator’s HB 89 repealed Georgia’s gun carry bans in state parks, airports, as well as restaurants serving alcohol. 
But Georgia’s HB 615 is also a sign of the growing strength of the open carry movement highlighted last year by ABC Nightline News the night before the Supreme Court released the D.C. v. Heller decision quashing the DC gun ban on second Amendment grounds. In many states, even California, the open carrying of handguns is on the rise. 
And in the 6 states banning open carry (see clickable map below), 5 state wide online petitions have gathered almost a hundred thousand signatures calling for action. 4 state legislatures have answered these calls so far as follows:
South Carolina & Oklahoma: Bills introduced.
Texas & Arkansas: Bills drafted.
  
  Open carry laws by state
The fact that 5 of the 6 states banning open carry are in the South exemplifies the fact that southern states, despite their pro-gun political image, generally have more restrictive gun carry laws than most northern and western states. Some scholars like Clayton Cramer theorize that this result exemplifies the legacy of the racist roots of gun control. GeorgiaCarry.org’s amicus brief  in the D.C. v. Heller case also expressed this view to the Supreme Court. 
Regardless, the Supreme Court in D.C. v. Heller held that the right to “bear” arms means to “carry” them, but noted that historically federal and state courts have never held this right to extend to “concealed” guns. You don’t have to enroll in law school to see the obvious conclusion, i.e., that if there is a right to carry, but not to conceal carry, then the Second amendment protects the right to open carry.

Arguably then Representative Bearden’s HB 615 is just legislating the Constitutional mandate that free men and women have the right to open carry without any permit. Not only is that already the law in most states, that’s what the North Carolina Supreme Court said in State v. Kerner, 181 N.C. 574 (1921) (striking down state statute requiring permit to open carry handgun as unconstitutional violation of state constitution’s right to bear arms provision).

Georgia State Representative Tim Bearden (R)

For more Info:  See OpenCarry.org 

Update - March 3, 2009:  Representative Bearden's Interview about open carry bill on Atlanta's Rock 100.5.

 


 

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