http://www.ajc.com/metro/content/metro/legis07/stories/2007/03/07/0308metlegguns.html
Motorists in Georgia can already hide a loaded gun in a car's glove box or center console. They can also keep it in the seat next to them or even on the dashboard, as long as it's exposed to plain view.
State Rep. Timothy Bearden (R-Villa Rica) doesn't think that's good enough for law-abiding gun owners. Bearden, a former cop, thinks motorists should be able to hide guns under their seats, between seat cushions, under visors, on the floorboards — just about anywhere they deem fit for a quick draw should they need one.
OFFICERS KILLED
Law enforcement officers killed at scene of incidents, traffic pursuits or traffic stops per year:
2005: 15
2004: 6
2003: 14
2002: 10
2001: 9
2000: 13
1999: 8
1998: 9
1997: 7
1996: 11
Source: FBI annual reports, Law Enforcement Officers Killed and Assaulted
CARJACKING ARRESTS
Number of arrests for "motor vehicle hijacking" – offense code 1095 – per year:
2002: 149
2003: 148
2004: 138
2005: 194
2006: 152
Source: GBI
WEAPONS ARRESTS
Number of arrests for "carrying concealed weapon" – offense code 5223 – per year:
2002: 3,269
2003: 3,199
2004: 3,311
2005: 3,844
2006: 4,154
Source: GBI
Bearden is pushing House Bill 89, which would change Georgia law to allow the concealment of a firearm anywhere inside a car. The bill has overwhelmingly passed the House and is headed for a discussion before a Senate committee, possibly this month.
If Bearden succeeds, Georgia would become the only state in the region where motorists can hide guns anywhere inside a car. Every state bordering Georgia — Alabama, Florida, North Carolina, South Carolina and Tennessee — either forbids the carrying of loaded guns in cars or requires that they be hidden in certain compartments or exposed to plain view.
Georgia law already allows gun owners 21 and older to obtain a concealed weapons permit after submitting to a criminal background check. Felons, certain people with a history of mental illness or substance abuse problems, and illegal immigrants are prohibited from obtaining a permit. But Bearden's bill would allow even those without such permits to hide guns anywhere in their motor vehicles.
Bearden argues that Georgians should be able to put guns where they can best protect themselves. He doesn't cite any specific incident as a rationale for pursuing the law.
"We are living in a violent world today," Bearden said. "I just feel like if we had more freedoms under the Second Amendment, there would be a lot less crime out there because the criminals would be a lot more hesitant before they try to rob, rape, kill someone else."
The proposal is dividing law enforcement officials. Some say letting motorists hide guns will make traffic stops more dangerous. Others say criminals already hide guns in their cars, and that the law won't make a difference in how officers approach a vehicle.
"In my opinion, it's a poor bill and I don't understand what it's trying to address," said LaGrange Police Chief Lou Dekmar. "The fact is citizens can already carry a firearm in their vehicle and certainly could do it within easy reach if they were confronted by a threat."
Dekmar said officers often make split-second decisions when pulling a motorist over. If Bearden's bill passes, officers will have yet another judgment call to make if they notice someone trying to hide a gun, increasing risks for both police and the public, said Dekmar.
"It used to be if you saw a weapon concealed around an individual seated in a car, you could assume that that individual is a potential hazard to you as a law enforcement officer," Dekmar said. "With the law changed, you can't make that presumption."
Dekmar said he hopes to testify against HB 89 when it goes before the Senate Judiciary Committee. It's unclear if Senate leaders are pushing for the bill, which is favored by the National Rifle Association and Gun Owners of America.
Sen. Preston Smith (R-Rome), chairman of the Judiciary Committee, and Lt. Gov. Casey Cagle both declined to comment on the bill, though Smith said it's likely to get a hearing.
Another high-ranking senator, President Pro Tempore Eric Johnson (R-Savannah), supports the bill.
"A car is an extension of your home," Johnson said. "The government can't tell me I have to keep my gun in the garage. Why should they tell me I have to keep it in the trunk? It's my gun and my car."
The Georgia Association of Chiefs of Police, to which Dekmar belongs, has come out against the bill. Atlanta's Richard Pennington was among several chiefs opposing it whose names appeared on a letter sent to House members.
The Georgia Sheriffs' Association, however, has not taken a position on HB 89.
Forsyth County Sheriff Ted Paxton said the passage of HB 89 won't make a difference in how deputies approach motor vehicles during traffic stops, which he said are "inherently dangerous."
"Laws are made for honest people," said Paxton, chairman of the sheriffs' association training and standards committee. "[Lawbreakers] already carry guns in cars in those places that are not permitted. They already carry them under the seats, they already carry them between the seats. ... We are already in a dangerous business as it is."
Bearden, who was a police officer and sheriffs' deputy for 15 years, said the vast majority of citizens who've contacted him support his efforts.
Kenneth Payne of Toccoa recently e-mailed the Atlanta Journal-Constitution to express support for the bill.
"I think every law-abiding citizen in Georgia should buy and carry a handgun in their vehicle or on their person today, because it's only a matter of time until you're held up, carjacked or killed if you don't defend yourself," Payne said. "I applaud the Georgia Legislature for finally passing some decent legislation to protect the everyday working people of this state."
Dekmar, the LaGrange chief, said he thinks current law allows people to defend themselves sufficiently.
"I've not had any reports or seen all sorts of media coverage where citizens have not been able to get to their guns quick enough inside of cars," he said. "Maybe it's out there, but I haven't seen it."
David Staples of Vinings, who also e-mailed the AJC, agrees. Staples believes people who want to hide a weapon in their care should get a concealed weapons permit.
"When it comes to handguns, there are only two uses that I have come up with — self defense and crime," Staples said. "In the case of self defense, one does not need to have a weapon hidden anywhere other than their glove box or console to be able to quickly access it and shouldn't even need it there."
Carjackings are relatively rare in Georgia. In 2005, there were 194 carjacking arrests, according to figures reported to the GBI. By comparison, there were 8,195 burglary arrests that year.
One of the most high-profile incidents involving cars and guns occurred in north Cobb County on Sept. 12, 2005.
Kimberly Boyd, 30, was forced at gunpoint to withdraw money from an ATM and kidnapped in her own Toyota Sequoia. She died when her abductor, Brian O'Neil Clark, 25, turned into the path of a truck.
As Clark ran from the scene of the crash, he was shot dead by a motorist who had seen Boyd and Clark struggling and followed them.
Boyd's husband, Michael, has mixed feelings about whether ready access to a hidden gun would have helped his wife. He thinks a gun might have enabled her to fight off her attacker. But the couple had children, and hiding a gun in the car probably wasn't a safe option, he said.
Boyd also isn't sure changing the law is a good thing, particularly since Georgia allows people to apply for a concealed weapons permit.
"We already have this available to us," said Boyd. "All we have to do is get a permit. ... The ones who are worried about background checks, they don't care what the law is anyway. ...
"I'm all for the right to bear arms. I don't think that [proposed] law would've helped her much."
Staff writer Jeremy Redmon contributed to this article.
--------------------------------------------------------------------------------
A LOOK AT BOTH SIDES OF THE ISSUE
The Georgia House approved legislation that would allow motorists to conceal loaded firearms in their cars without permits. The bill is pending in the Senate.
PROS
READY ACCESS OF FIREARMS. Gun owners, not the government, should be able to determine where a weapon is best accessible in case of self-defense.
SECOND AMENDMENT RIGHTS. A motor vehicle is private property and should be accorded the same rights as the gun owner's home.
SELF-DEFENSE. Armed motorists might have a chance to fend off carjackers and other criminals.
CONS
CIRCUMVENTS CONCEALED WEAPONS PERMITS. Bill would allow any gun owner to hide a weapon in a motor vehicle without criminal background/mental health checks required by concealed weapons permit.
POTENTIAL FOR ROAD RAGE. Law could encourage more people to carry firearms in cars, leading to traffic disputes settled with violence.
ENDANGERS POLICE AT TRAFFIC STOPS. Law enforcement officials will have to contend with the possibility that more motorists, including law-abiding citizens, will be hiding firearms.
STATE LAWS ON CONCEALED WEAPONS
FLORIDA: Firearms transported by nonpermitted owners must be "securely encased" or "otherwise not readily accessible for immediate use."
SOUTH CAROLINA: Firearms transported by nonpermitted owners must be stored in closed glove compartment, console, trunk or "luggage compartment."
ALABAMA: Must have concealed weapons permit.
NORTH CAROLINA: Must have concealed weapons permit.
MISSISSIPPI: Concealed weapons allowed inside motor vehicles.
TENNESSEE: Must have concealed weapons permit.
Motorists in Georgia can already hide a loaded gun in a car's glove box or center console. They can also keep it in the seat next to them or even on the dashboard, as long as it's exposed to plain view.
State Rep. Timothy Bearden (R-Villa Rica) doesn't think that's good enough for law-abiding gun owners. Bearden, a former cop, thinks motorists should be able to hide guns under their seats, between seat cushions, under visors, on the floorboards — just about anywhere they deem fit for a quick draw should they need one.
OFFICERS KILLED
Law enforcement officers killed at scene of incidents, traffic pursuits or traffic stops per year:
2005: 15
2004: 6
2003: 14
2002: 10
2001: 9
2000: 13
1999: 8
1998: 9
1997: 7
1996: 11
Source: FBI annual reports, Law Enforcement Officers Killed and Assaulted
CARJACKING ARRESTS
Number of arrests for "motor vehicle hijacking" – offense code 1095 – per year:
2002: 149
2003: 148
2004: 138
2005: 194
2006: 152
Source: GBI
WEAPONS ARRESTS
Number of arrests for "carrying concealed weapon" – offense code 5223 – per year:
2002: 3,269
2003: 3,199
2004: 3,311
2005: 3,844
2006: 4,154
Source: GBI
Bearden is pushing House Bill 89, which would change Georgia law to allow the concealment of a firearm anywhere inside a car. The bill has overwhelmingly passed the House and is headed for a discussion before a Senate committee, possibly this month.
If Bearden succeeds, Georgia would become the only state in the region where motorists can hide guns anywhere inside a car. Every state bordering Georgia — Alabama, Florida, North Carolina, South Carolina and Tennessee — either forbids the carrying of loaded guns in cars or requires that they be hidden in certain compartments or exposed to plain view.
Georgia law already allows gun owners 21 and older to obtain a concealed weapons permit after submitting to a criminal background check. Felons, certain people with a history of mental illness or substance abuse problems, and illegal immigrants are prohibited from obtaining a permit. But Bearden's bill would allow even those without such permits to hide guns anywhere in their motor vehicles.
Bearden argues that Georgians should be able to put guns where they can best protect themselves. He doesn't cite any specific incident as a rationale for pursuing the law.
"We are living in a violent world today," Bearden said. "I just feel like if we had more freedoms under the Second Amendment, there would be a lot less crime out there because the criminals would be a lot more hesitant before they try to rob, rape, kill someone else."
The proposal is dividing law enforcement officials. Some say letting motorists hide guns will make traffic stops more dangerous. Others say criminals already hide guns in their cars, and that the law won't make a difference in how officers approach a vehicle.
"In my opinion, it's a poor bill and I don't understand what it's trying to address," said LaGrange Police Chief Lou Dekmar. "The fact is citizens can already carry a firearm in their vehicle and certainly could do it within easy reach if they were confronted by a threat."
Dekmar said officers often make split-second decisions when pulling a motorist over. If Bearden's bill passes, officers will have yet another judgment call to make if they notice someone trying to hide a gun, increasing risks for both police and the public, said Dekmar.
"It used to be if you saw a weapon concealed around an individual seated in a car, you could assume that that individual is a potential hazard to you as a law enforcement officer," Dekmar said. "With the law changed, you can't make that presumption."
Dekmar said he hopes to testify against HB 89 when it goes before the Senate Judiciary Committee. It's unclear if Senate leaders are pushing for the bill, which is favored by the National Rifle Association and Gun Owners of America.
Sen. Preston Smith (R-Rome), chairman of the Judiciary Committee, and Lt. Gov. Casey Cagle both declined to comment on the bill, though Smith said it's likely to get a hearing.
Another high-ranking senator, President Pro Tempore Eric Johnson (R-Savannah), supports the bill.
"A car is an extension of your home," Johnson said. "The government can't tell me I have to keep my gun in the garage. Why should they tell me I have to keep it in the trunk? It's my gun and my car."
The Georgia Association of Chiefs of Police, to which Dekmar belongs, has come out against the bill. Atlanta's Richard Pennington was among several chiefs opposing it whose names appeared on a letter sent to House members.
The Georgia Sheriffs' Association, however, has not taken a position on HB 89.
Forsyth County Sheriff Ted Paxton said the passage of HB 89 won't make a difference in how deputies approach motor vehicles during traffic stops, which he said are "inherently dangerous."
"Laws are made for honest people," said Paxton, chairman of the sheriffs' association training and standards committee. "[Lawbreakers] already carry guns in cars in those places that are not permitted. They already carry them under the seats, they already carry them between the seats. ... We are already in a dangerous business as it is."
Bearden, who was a police officer and sheriffs' deputy for 15 years, said the vast majority of citizens who've contacted him support his efforts.
Kenneth Payne of Toccoa recently e-mailed the Atlanta Journal-Constitution to express support for the bill.
"I think every law-abiding citizen in Georgia should buy and carry a handgun in their vehicle or on their person today, because it's only a matter of time until you're held up, carjacked or killed if you don't defend yourself," Payne said. "I applaud the Georgia Legislature for finally passing some decent legislation to protect the everyday working people of this state."
Dekmar, the LaGrange chief, said he thinks current law allows people to defend themselves sufficiently.
"I've not had any reports or seen all sorts of media coverage where citizens have not been able to get to their guns quick enough inside of cars," he said. "Maybe it's out there, but I haven't seen it."
David Staples of Vinings, who also e-mailed the AJC, agrees. Staples believes people who want to hide a weapon in their care should get a concealed weapons permit.
"When it comes to handguns, there are only two uses that I have come up with — self defense and crime," Staples said. "In the case of self defense, one does not need to have a weapon hidden anywhere other than their glove box or console to be able to quickly access it and shouldn't even need it there."
Carjackings are relatively rare in Georgia. In 2005, there were 194 carjacking arrests, according to figures reported to the GBI. By comparison, there were 8,195 burglary arrests that year.
One of the most high-profile incidents involving cars and guns occurred in north Cobb County on Sept. 12, 2005.
Kimberly Boyd, 30, was forced at gunpoint to withdraw money from an ATM and kidnapped in her own Toyota Sequoia. She died when her abductor, Brian O'Neil Clark, 25, turned into the path of a truck.
As Clark ran from the scene of the crash, he was shot dead by a motorist who had seen Boyd and Clark struggling and followed them.
Boyd's husband, Michael, has mixed feelings about whether ready access to a hidden gun would have helped his wife. He thinks a gun might have enabled her to fight off her attacker. But the couple had children, and hiding a gun in the car probably wasn't a safe option, he said.
Boyd also isn't sure changing the law is a good thing, particularly since Georgia allows people to apply for a concealed weapons permit.
"We already have this available to us," said Boyd. "All we have to do is get a permit. ... The ones who are worried about background checks, they don't care what the law is anyway. ...
"I'm all for the right to bear arms. I don't think that [proposed] law would've helped her much."
Staff writer Jeremy Redmon contributed to this article.
--------------------------------------------------------------------------------
A LOOK AT BOTH SIDES OF THE ISSUE
The Georgia House approved legislation that would allow motorists to conceal loaded firearms in their cars without permits. The bill is pending in the Senate.
PROS
READY ACCESS OF FIREARMS. Gun owners, not the government, should be able to determine where a weapon is best accessible in case of self-defense.
SECOND AMENDMENT RIGHTS. A motor vehicle is private property and should be accorded the same rights as the gun owner's home.
SELF-DEFENSE. Armed motorists might have a chance to fend off carjackers and other criminals.
CONS
CIRCUMVENTS CONCEALED WEAPONS PERMITS. Bill would allow any gun owner to hide a weapon in a motor vehicle without criminal background/mental health checks required by concealed weapons permit.
POTENTIAL FOR ROAD RAGE. Law could encourage more people to carry firearms in cars, leading to traffic disputes settled with violence.
ENDANGERS POLICE AT TRAFFIC STOPS. Law enforcement officials will have to contend with the possibility that more motorists, including law-abiding citizens, will be hiding firearms.
STATE LAWS ON CONCEALED WEAPONS
FLORIDA: Firearms transported by nonpermitted owners must be "securely encased" or "otherwise not readily accessible for immediate use."
SOUTH CAROLINA: Firearms transported by nonpermitted owners must be stored in closed glove compartment, console, trunk or "luggage compartment."
ALABAMA: Must have concealed weapons permit.
NORTH CAROLINA: Must have concealed weapons permit.
MISSISSIPPI: Concealed weapons allowed inside motor vehicles.
TENNESSEE: Must have concealed weapons permit.
It would be much more beneficial to spend the time and energy fighting to pass a bill to lesson restrictions on where those who have CCW can carry since Georgia has the most forbidden places of any state. Frankly I'd rather have my gun in my glove box or console than under the seat as I can get to it faster there. This bill kinda makes me scratch my head and wonder why it's needed.