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2018 Unofficial Opinions Op. Ga. Att'y Gen. 1 (2018)

handle is hein.sag/sagga0098 and id is 1 raw text is: 

GEORGIAGV


                            GEORGIA EPARTMENT OF LAW






Unofficial Opinion U2018-1

January 11, 2018

To:
Representative, District 122

Re:
Notwithstanding whether a person has a license to carry a weapon, Georgia law separately
prohibits individuals from carrying weapons into both faculty, staff and administrative offices, as well
as any room on a school campus in which disciplinary proceedings are conducted.


You have requested my opinion regarding whether a person licensed to carry a weapon may do so
when  entering certain areas of a school campus. It is my opinion that notwithstanding whether a
person has a license to carry a weapon, Georgia law separately prohibits individuals from carrying
weapons  into both faculty, staff and administrative offices, as well as any room on a school campus
in which disciplinary proceedings are conducted.

Georgia law generally provides that 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, at a school function, or on a bus
or other transportation furnished by a school any weapon or explosive compound, other than
fireworks or consumer fireworks. O.C.G.A. § 16-11-127.1(b)(1). A weapon is very broadly
defined, but includes firearms, certain knives and other items which could be used to strike, beat,
bludgeon, or otherwise injure a person. See O.C.G.A. § 16-11-127.1(a)(4).[1] A school safety
zone includes any public or private elementary, secondary, technical, vocational school, college,
university or any other institution of postsecondary education. 0.C.G.A. § 16-11-127.1(a)(3)(A)
and (B).

There is a broad statutory exception to this prohibition, so that an individual with a weapons-carry
license may carry a weapon in any building or on real property owned by or leased to any public
technical school, vocational school, college, or university, or other public institution of postsecondary
education. O.C.G.A. § 16-11-127.1(c)(20)(A). However, there are also statutory limitations on this
broad grant of authority which are defined under O.C.G.A. § 16-11-127.1(c)(20)(A)(i) through (vii).

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