Juxtaposition: Governor Deal Edition

[mountainpass]

Deal issues 2016 veto statements | Governor Nathan Deal Office of the Governor
Veto Number 9

HB 859 seeks to amend O.C.G.A. § 16-11-127.1, which relates to the carrying of weapons within school safety zones. It would add an exception to the prohibition of carrying or possessing a weapon in such school zones, to “any licensed holder when he or she is in any building or on real property owned or leased to any public technical school, vocational school, college or university or other public institution of postsecondary education,” except for “buildings or property used for athletic sporting events or student housing, including, but not limited to fraternity and sorority houses…”

Some supporters of HB 859 contend that this legislation is justified under the provisions of the Second Amendment to the United States Constitution which provides in part that “the right of the people to keep and bear arms, shall not be infringed.” Identical words are contained in Article I, Section, I, Paragraph VIII of the Constitution of the State of Georgia. It would be incorrect to conclude, however, that certain restrictions on the right to keep and bear arms are unconstitutional.

In the 2008 case of District of Columbia v. Heller, United States Supreme Court Justice Antonin Scalia, writing the opinion of the Court, reviews the history of the Second Amendment and sets forth the most complete explanation of the Amendment ever embodied in a Supreme Court opinion. While the subject matter of HB 859 was not before the Court in the Heller case, the opinion clearly establishes that “Like most rights, the right secured by the Second Amendment is not unlimited. From Blackstone through the 19th century cases, commentators and courts routinely explained that the right was not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose.” Justice Scalia further states that “nothing in our opinion should be taken to cast doubt on…laws forbidding the carrying of firearms in sensitive places such as schools and government buildings…”

Georgia, like most jurisdictions, has set forth statutory provisions defining what constitutes those “sensitive places” and has imposed specific rules relating to the presence of weapons in those places. Indeed, the Georgia Code section which HB 859 seeks to amend is called the “Georgia Firearms and Weapons Act.”

Since the right to keep and bear arms in sensitive places such as those enumerated in HB 859 is not guaranteed by the Second Amendment nor the Georgia Constitution, the inquiry should then focus on whether or not those places deserve to continue to be shielded from weapons as they are and have been for generations in our state.

Perhaps the most enlightening evidence of the historical significance of prohibiting weapons on a college campus is found in the minutes of October 4, 1824, Board of Visitors of the newly created University of Virginia. Present for that meeting were Thomas Jefferson and James Madison, along with four other members. In that meeting of the Board of Visitors, detailed rules were set forth for the operation of the University which would open several months later. Under the rules relating to the conduct of students, it provided that “No student shall, within the precincts of the University, introduce, keep or use any spirituous or venomous liquors, keep or use weapons or arms of any kind…”

The approval of these specific prohibitions relating to “campus carry” by the principal author of the Declaration of Independence, and the principal author of the United States Constitution should not only dispel any vestige of Constitutional privilege but should illustrate that having college campuses free of weapons has great historical precedent.

That college campuses should be a “gun free zone” is a concept that has deep roots in Georgia as well. In the 2014 session of the Georgia General Assembly, HB 60 was passed and I signed it into law. That bill greatly expanded the areas where licensed gun owners could take their weapons. At that time, campus carry was considered but not adopted.

While there have been alarming incidents of criminal conduct on college campuses in which students have been victimized during the past two years, do those acts justify such a radical departure from the classification of colleges as “sensitive areas” where weapons are not allowed? The presumed justification is the need for students to provide their own self-protection against such criminal conduct. However, since students who are under 21 years of age would be ineligible to avail themselves of such protection under the terms of HB 859, it is safe to assume that a significant portion of the student body would be unarmed.

As for the buildings and places referred to in this legislation, I will simply call “colleges.” In order to carry a weapon onto a college, there is no requirement that the armed individual actually be a student, only that they possess a license to carry a weapon. Since most, if not all, of our colleges are open campuses, this bill will allow any licensed gun owner to bring a concealed weapon onto the campus and neither police nor other law enforcement personnel will be allowed to even ask the individual to produce evidence of his license.

If the intent of HB 859 is to increase safety of students on college campuses, it is highly questionable that such would be the result. However, I understand the concerns of the authors of this legislation and the parents and students who want it to become law. They apparently believe that the colleges are not providing adequate security on their campuses and that civilian police are not doing so on the sidewalks, streets and parking lots students use as they go to and come from classes.

I have today issued an Executive Order directed to the Commissioner of the Technical College System of Georgia and the Chancellor of the University System of Georgia, requesting that they submit a report to me, the Lieutenant Governor and the Speaker of the House by August 1, 2016, as to the security measures that each college within their respective systems has in place. I hereby call on the leaders of the municipalities and counties in which these colleges are located, along with their law enforcement agencies to review and improve, if necessary, their security measures in areas surrounding these colleges. Since each of these municipalities and counties receive significant revenue by virtue of the location of these colleges in their jurisdictions, I believe it is appropriate that they be afforded extra protections.

Since much of the motivation for HB 859 is the commission of crimes involving the use of firearms on college campuses, I suggest to the General Assembly that it consider making the unauthorized possession and/or use of a firearm on a college campus an act that carries an increased penalty or an enhanced sentence for the underlying crime.

From the early days of our nation and state, colleges have been treated as sanctuaries of learning where firearms have not been allowed. To depart from such time-honored protections should require overwhelming justification. I do not find that such justification exists. Therefore, I VETO HB 859.

 

[mountainpass]

Deal’s Speech on Signing HB 60

What a great day to be in North Georgia. What a great day to reaffirm our liberties.

We as Georgians believe in the right of people to defend themselves and therefore, we believe in the Second Amendment. Throughout my career as a legislator, I have voted for and as Governor I have signed legislation that protects the rights to keep and bear arms. It is a right that is ingrained into the very fabric of our nation. Yet the inheritance of a right does not preclude the need for vigilance by succeeding generations.

Thomas Jefferson told the world in the Declaration of Independence, that we are endowed by our creator by certain inalienable rights and he believed in the right to bear arms. He said, and I quote, “The strongest reason for the people to retain the right to keep and bear arms as a last resort is to protect themselves from a tyranny in government.” But Jefferson also said this; each generation of Americans must make its own way saying that, and I quote, “One generation has no more right to bind another to its laws and judgments than one independent nation has the right to command another.”

So today, our generation reiterates the desire for this fundamental right for our own reasons. While we still guard against tyranny, America today still cherishes this right so that people that follow the rules can protect themselves and their families from those who don’t follow the rules.

The General Assembly during this past legislative session passed this piece of bi-partisan legislation by large margins that extends the protection for Georgians who have gone through a background check to legally obtain a Georgia Weapons Carry License. HB60 will protect law-abiding citizens by expanding the number of places they can carry their guns without penalty. At the same time, this bill respects the rights of private property owners who still sets the rules for their land and their buildings.

The various parts of House Bill 60 do much to expand the rights of gun owners who are licensed to carry. But it also expands the rights of those who serve our nation in uniform. One exemplary part of this bill, for instance, gives our military men and women 18 and older permission to carry….to obtain a license carry. You know, if they are old enough to hold a gun in defense of our liberty, they are old enough to hold a gun and they shouldn’t have to wait until they are 21.

I want to thank Speaker Ralston, Representative Jasperse, John Meadows and the others who have supported this legislation and have shepparded it through this session of the General Assembly and who worked to pass it on a bi-partisan basis.

The Second Amendment should never be an afterthought. It should reside at the forefront of our minds as we craft, pass and sign laws. Our state has some of the best protections for gun owners in the United States, and today, we strengthen those rights guaranteed by our country’s most revered founding document.

My position on this bill should not come as much of a surprise. I think my track record speaks for itself. The NRA gave me an A rating for more than my 17 years as a member of congress, and even endorsed me when I ran for this present office of governor.

Now as governor, I have signed every Second Amendment piece of gun legislation that has been placed on my desk. And, today, I will put into law a gun bill that heralds self-defense, personal liberties and public safety.

Now we are going to take questions…..

Thx to someone else for transcribing the speech.

 

[Triceracop]

Since much of the motivation for HB 859 is the commission of crimes involving the use of firearms on college campuses, I suggest to the General Assembly that it consider making the unauthorized possession and/or use of a firearm on a college campus an act that carries an increased penalty or an enhanced sentence for the underlying crime.

Wow! What a novel concept Governor Deal!
We should just make gun crimes on college campuses MORE ILLEGAL and all the crimes will stop. No more college students will be mugged in libraries and killed on sidewalks.

Oh wait, no that's not right at all. In fact, there's already many statutes like this regarding possession of weapons while committing crimes...

While there have been alarming incidents of criminal conduct on college campuses in which students have been victimized during the past two years, do those acts justify such a radical departure from the classification of colleges as “sensitive areas” where weapons are not allowed?

Actually... yes. Have VTECH and Columbine taught you nothing? And that's not mentioning the regular occurrence of isolated crimes such as individual murders, rapes, kidnappings, and robberies that happen on college campuses. Having campus police will never be a practical way to prevent crimes against college students, they are only able to respond to them after the matter, which is too late Mr. Deal.

 

[chucklenut]

**** nathan deal

statist piece of ****

 

[Ars21689]

The sticker on the door will protect you.

 

[RamRoddoc]

 

[gh1950]

What Deal in his cute little veto speech overlooks, is that students (and adult non-students) are on their own once they step off campus. When Jefferson founded UVA, it was on the western frontier of the United States. Same with UGA. There was no one around. The whole campus consisted a few dozen people who could watch out for each other.

Now you have Ga. State and Georgia Tech spread all over Atlanta. The students at those institutions have become targets of opportunity because the thuggery know they are unarmed. Similar situation in Athens, where UGA was placed so it could get away from the evil influence of the Eagle Tavern in Watkinsville. Now North Campus is bounded by a public housing project and bar district where student are assaulted and robbed on a weekly basis.

Deal doesn't want to address the absurdity that you can walk all the way across the UGA campus (and others, I'm just familiar with UGA) on public streets with a loaded AR-15 and your GWL, but take one step off the sidewalk, and you are a criminal. You can carry a gun on the city buses, which the students can ride for free (and do) but you can't carry a gun on the UGA buses, which the public can ride for free (and do). Two buses going down the same street packed with students. Are the students (high school and college) more or less safe because there are weapons on one bus, but not the other?

It's this reality which shows what a fool Deal is. Reality is not frontier Virginia in the 1700's

 

[Triceracop]

Not only that, but students are also unsafe inside most of the campus.
The number of campus police officers and non-police security guards was very small relative to the cubic footage of the property they were supposed to be securing at all of the college campuses I've seen (especially the colleges I've attended).

A gunman could simply walk past the police officer at the front desk and into a classroom, then unload all of his stuff once he gets to where he wants to be.
That's why there's been muggings in GSU libraries, and students found dead on campus sidewalks.

 

[CZ Fan]

**** that piece of **** Nathan Deal. I hope he gets cancer and dies.

 

[gh1950]

We had an absurd situation in Athens a few years ago on this very suject.

UGA runs the "Georgia Center" which is a motel/convention facility which competes with the private sector (but that's another rant). It has all sorts of functions for all sorts of people and organization that have nothing to do with UGA. It has a public restaurant.

So this solid waste worker from Albany received a performance award with a trip to Athens to attend some function, and he stayed at the Georgia Center. So he gets up, and leaves a pistol on his bed, in his room that his employer is paying for. Maid comes in, sees the gun, alerts the police, and this good, hard working man is thrown in jail for possessing a gun on campus. Some benefit, huh?

Four blocks down the street, there is a Holiday Inn and Ramada. If he had been staying at either of those, he would be good (until the maid told someone about the gun and it got stolen, but that's another rant).

So I would like to sit in on the conversation where the Governor explains to this middle aged, hard working public servant what public interest was served by arresting him for something that was perfectly legal 50 feet from the door of the building (the Georgia Center is on one of the main streets in Athens). Were the students some how more secure. Did the airhead faculty feel more secure in their classrooms?

People who do not live in a University town just do not have any idea how pervasive the modern university is in town (plus we have two other state colleges in the area). UGA owns the farm where the Iron Horse stands, which is in Greene County (600 acres). It owns a farm in Oglethorpe County. It leases buildings all over downtown Athens. It leases offices in buildings all over town. Most people think that UGA is just the North and South campus, but even people who live in Athens are not aware of all the facilities which are UGA operated.

Footnote on the Iron Horse farm: A prime example of how stupid the law is, and how ill informed Deal is. This farm is across the Oconee River from Oconee National Forest (Redlands WMA), where it is perfectly legal to carry a gun on each and everyone of its several tens of thousands of acres.

As you can see, this is a pretty hot issue with me as a citizen who has to deal with this crap on a daily basis.