ATLANTA — A gun rights organization believes people should be allowed to carry a gun “without a permission slip.”
Bethany Young of the National Association for Gun Rights and proponents of Georgia’s “constitutional carry” bill made this case before the Georgia Senate Judiciary Committee, which recommended approval Tuesday of Senate Bill 319, which would remove permit requirements for carrying a firearm.
The Republican-led bill removes language that removes the valid weapons carry license requirement, but doesn’t change where guns are prohibited such as government buildings or airports where security checkpoints are performed.
“Permitless carry does not change any prohibited person, laws or any law governing the misuse of a firearm in prohibited places where a firearm cannot be carried, or when force may be used in self defense of others,” said Sen. Jason Anavitarte, the bill’s sponsor, during the committee hearing. “The requirement to have a permit does not deter nor descend, advise the criminal from carrying a firearm concealed. They will do it regardless. Permitless carry gives criminals a reason to fear that any potential victim could be armed and thus decentivizes criminals from conduct.”
More than 20 states allow gun owners to carry a gun without a permit. Last year, more than a handful of states — Tennessee, Texas, Utah, Montana, Iowa and Arkansas — changed their laws to allow open and concealed carry of firearms without a permit. Alabama and other states are also looking to enact similar legislation this year.
Currently, a “weapons carry license” is needed to carry a concealed firearm in Georgia. To obtain one, you must be 21 or older, unless in the military; must have no felony convictions; must not have been in a mental hospital or drug/alcohol treatment center within the last five years; or have not been committed to a mental hospital against one’s will.
Elena Parent and Harold Jones, Democrat senators and committee members, questioned several references of a “lawful weapons carrier” in the bill, without a permit to identify them as such.
“How else would they know that they’re lawful weapons carriers? Because the difference is [now] if you have a permit, and that’s the paperwork, I can say ‘You’re walking in with the weapon can I see your permit?’ because there had to be a permit,” Jones said.”[The proposal] says you have to be a lawful weapons carrier but you don’t know that by looking at someone whether they’re a felon or they have a (domestic violence conviction).”
Anavitarte responded that it would be up to private property owners or local government to determine for themselves, later adding police can determine someone’s felony status by searching their name in a crime database.
Federal law only prohibits people convicted of felony domestic violence charges from purchasing a firearm, while domestic violence abusers with misdemeanor convictions are allowed to have one in Georgia.
April Ross with the Georgia Commission on Family Violence said access to guns increases the number of homicides in domestic violence crimes. Currently in Georgia, anyone charged with a domestic violence-related crime would not be allowed to receive a gun permit.
“Firearms-involved assaults are 12 times more likely to result in deaths than assaults which do not involve firearms. … There’s a 500% increase in the risk of homicide when an abusive intimate partner has access to a gun takes off,” Ross said. “Both best practice nationally and recognized experts in the family violence field view firearms access as the key impact issue which if addressed would dramatically reduce the risk of domestic violence-related deaths.”
These incidents often involve first responders and bystanders, Ross said, referencing a 2018 Department of Justice study that found domestic violence incidents represented the highest number of fatal types of calls for service, accounting for 29% of deaths, which occurred in the line of duty between 2010-16 and 100% of those deaths were by firearm.
“In our state, accessing abusers or with access to firearms who are experiencing mental health crisis are also a significant risk for attempted murder suicides between 2019 and 2021. There were 92 murder suicide incidents in Georgia,” Ross said.
Proponents of constitutional carry said permits infringe on the Second Amendment right to bear arms and burdens law-abiding citizens.
While Parent and Anavitarte cited conflicting statistics on whether loosened gun laws increase or decrease crime, they also have opposing insight on law enforcement support of the bill.
Anavitarte said local law enforcement in his north Georgia district surrounding Dallas support the measure, while Parent quoted the Atlanta police chief: “the proliferation of weaponry that we are seeing on the streets, we have to do something about it.”
Though the permit process aims to prevent criminals and people with mental health issues from concealing a firearm, proponents argued Tuesday that criminals often disregard the law and still obtain and carry weapons without a permit.
“This only impacts the good guys because the criminals don’t care about the laws that we pass,” said Aaron Dorr of Georgia Gun Owners. “The criminals just don’t care about laws. … The gun-free zones, policies or whatever it is, they’re going to carry. Regardless, the current infringements only impact our members and other law-abiding Georgians.”
SB 319 approved in the Judiciary Committee 6-3 on a party-line vote. The bill now heads to the Rules Committee before heading to the Senate and House floor for votes.
gov. Brian Kemp announced his support for constitutional carry early last month.
