Latest news with #GeorgiaConstitution
Yahoo
2 days ago
- General
- Yahoo
Georgia Supreme Court unanimously upholds 21 as age to carry handguns in public
The Georgia Supreme Court threw out a constitutional challenge to a state law blocking anyone under 21 from carrying handguns in public. The ruling came as a 20-year-old man from Lumpkin County sued, having issued a constitutional challenge. Thomas Stephens, of Lumpkin County, sued the State of Georgia in Superior Court after a probate court in the county denied him getting a weapons carry license. [DOWNLOAD: Free WSB-TV News app for alerts as news breaks] The Georgia Attorney General's Office filed to dismiss the lawsuit, saying that the block on anyone younger than 21 having a handgun in public was 'a permissible exercise of the police power' authorized by Georgia's constitution. The Georgia Supreme Court ruled unanimously to reject Stephens' challenge. TRENDING STORIES: Husband, wife from Buford drown near Destin resort Former Kool & the Gang member dies in car crash in Mableton Marietta hotel fined women hundreds for smoking, but they say other activities tripped sensors In the opinion, authored by Justice Andrew A. Pinson, the court said his 'quite narrow' challenge did not argue that the statute violates the state constitution, as it has been applied by the Georgia Supreme Court for more than 100 years. Additionally, the court said Stephens did not show a conflict between the prohibition statute and the Georgia Constitution, nor the U.S. Constitution's Second Amendment. 'Most problematic, Stephens does not even say how or why that construction is not consistent with the provision's original public meaning—at least not with any detail or real authority in support—and he offers no serious alternative construction that would establish, what, in his view, the correct understanding of that original public meaning is,' Justice Pinson wrote. 'Instead, he asks us to uncritically import federal standards to guide the application of a provision unique to Georgia's Constitution—a practice we have regularly criticized and disapproved.' According to the court, Georgia law allows anyone between 18 to 21 to have long guns, such as rifles, and carry them in public, as well as to have handguns and carry them on private property. However, unless someone has received weapons training as part of military service, anyone under 21 cannot carry a handgun in public, the court wrote. [SIGN UP: WSB-TV Daily Headlines Newsletter]
Yahoo
3 days ago
- General
- Yahoo
State Supreme Court upholds law requiring Georgians to be 21 to carry handguns
The Georgia Supreme Court on Wednesday upheld a state policy barring those between 18 and 21 from carrying a handgun in Georgia Supreme Court upheld a state law that bars most people between the ages 18 and 21 from carrying handguns in public without military training Wednesday. The court unanimously backed a lower court in rejecting the challenge from Thomas Stephens, a 20-year-old Georgian seeking to end enforcement of the prohibition. Georgians between 18 and 21 can carry long guns in public, and they can carry handguns at home, in their car or in their place of business and use them for hunting, fishing or sport shooting with the associated license. But only 18- to 20-year-olds who have received weapons training as part of military service are generally able to carry a handgun in public. Stephens' attorney John Monroe argued that the exception is arbitrary and other young adults may be as capable of safely carrying handguns as members of the military. 'When you look at the nature of the training that a young person in the military gets, which is, as we said in our briefs, geared toward rifles and using other small arms like hand grenades, that's not very well-suited or significant when it comes to carrying handguns in public, as opposed to training that people might get outside of the military that's geared exactly towards carrying handguns,' he said. The state, represented by the Office of Attorney General Chris Carr, argued that the prohibition on handguns for young adults is authorized by the Georgia Constitution as a permissible exercise of police power. The unanimous opinion authored by Justice Andrew A. Pinson rejects Stephens' call to overturn state precedent in favor of tests created by federal courts, describing it as a request 'to uncritically import federal standards to guide the application of a provision unique to Georgia's Constitution—a practice we have regularly criticized and disapproved.' The state Legislature has been at the center of a debate over firearm access in recent years, especially since last September's shooting at Apalachee High School, in which four people died. Proposals designed to encourage safe firearm storage stalled during the 2025 legislative session. SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
3 days ago
- General
- Yahoo
Georgia Supreme Court upholds law banning those under 21 carrying handgun in public
ATLANTA (WSAV) —The Georgia Supreme Court upheld the state law that prohibits those under 21 years old from carrying handguns in public Wednesday. Georgia's highest court rejected the appeal by a 20-year-old who wanted to carry a handgun 'beyond the limited ways he can under Georgia law.' Georgia law does not allow people under 21 from publicly carrying a handgun, except for members of the military. Georgians who are at least 18 years old are still allowed to possess and carry handguns on their own property, in their car and in their place of business. They also can use handguns and long guns for hunting, fishing or sport shooting with a license. Stephens and the Georgia 2nd Amendment group sued the state after a probate court denied him a weapons carry license. Georgia Attorney General Chris Carr's office previously filed a motion to dismiss the suit, which was granted. Stephens and the group appealed, but the Georgia 2nd Amendment later withdrew their appeal. Stephens did not allege that this statute violates the Second Amendment to the United States Constitution, but that it violated a portion of the Georgia Constitution of 1983, court documents reported. The Supreme Court said that the law doesn't violate Article I, Section I, Paragraph VIII of the Georgia Constitution. The justices quoted Paragraph VIII of Georgia's current Constitution which says, '[t]he right of the people to keep and bear arms shall not be infringed, but the General Assembly shall have power to prescribe the manner in which arms may be borne.' Read the full decision here: 2025-s25a0334Download Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
26-02-2025
- Politics
- Yahoo
Georgia state senators move to ban doxxing, online stalking
Georgia senators are working on a new bill to ban doxxing in the state and make new penalties for violations. Senate Bill 27 would make it a crime to send or publish private identifying information of people 'with malicious intent' on social media platforms or other electronic forums. The legislation defines electronic or social platforms as a public website, computer application or mobile application that is designed to help one or more people communicate. Putting someone's address, phone number or other personal information out in the world to cause problems for them could end up with Georgians facing felony charges. [DOWNLOAD: Free WSB-TV News app for alerts as news breaks] When someone does violate the bill, by publishing private information, and leads to a 'substantial life disruption,' such as an individual having to change their routines or experiencing a financial upset due to said doxxing, the person who publishes their information would face felony charges. Victims of doxxing would be allowed to petition for a protective order in court and someone who does commit a doxxing offense would face a misdemeanor of a high and aggravated nature. TRENDING STORIES: 57 sets of cremains found in fire-damaged Cobb County funeral home identified Georgia lawmakers file bill to require notifications when deeds filed by non-owners GA deputy won't be charged in deadly shooting of exonerated man on I-95 If doxxing leads to someone being physically injured, or if their family members are harmed, as well as for the second and following offenses if they continue, those who are doxxing others would face felonies and between one and 10 years in prison, the legislation says. Anyone over the age of 20 who commits a doxxing offense against someone under the age of 19 will face felony charges immediately, also facing between one and 10 years in prison. As far as what the bill says it considers a life disruption or financial upset, outside of physical harm, lawmakers listed the following impacts on potential victims: Having to change a telephone number Having to change an email address Having to delete personal electronic or social platform accounts Seriously decreasing internet usage Change daily routines and commuting routes Changing jobs or work schedules Having to take off work or losing more than $500 People or their representatives would also be allowed to sue for punitive and actual damages in court if they face monetary loss, physical harm, or if someone dies resulting from doxxing activities. Cases would be filed in superior court in the county of residents, the county where the victim lives or lived or the county where the victim received communications that fall under the proposed doxxing violations. Georgia lawmakers put a section in the bill as well to ensure that the proposed legislation is not taken as a restriction on freedom of speech or expression, as protected by the Georgia Constitution or the U.S. Constitution's First Amendment, so long as the speech doesn't include true threats or expressive activity made to provoke imminent illegal actions. The Georgia Senate Judiciary Committee had SB 27 on the agenda for the day for a committee vote. If the vote passes, it would move to the next step of the legislative process, a potential floor vote in the state senate. [SIGN UP: WSB-TV Daily Headlines Newsletter]
Associated Press
04-02-2025
- Business
- Associated Press
Republicans and Democrats push to aid Georgia parents through tax credits
ATLANTA (AP) — Georgia's Republican lieutenant governor is renewing a push to expand child care tax credits. Lt. Gov. Burt Jones told The Associated Press on Tuesday that a Senate ally has introduced a bill to create a state income tax credit of up to $250 for every child under age 7, expand an existing tax credit for child care to give parents up to $300 more per child, and let employers claim a larger credit for investing in an on-site child care center. Jones has made those items part of his agenda as he is considering a run for governor in 2026. Much of what Jones has done since taking office in 2023 has been to cater to a Trump-aligned conservative electorate in a potential Republican primary. But he's also made some moves, often centered on protecting or aiding children, to build a record appealing to the broader electorate that would vote in a general election in politically competitive Georgia. 'We must do more to ensure that Georgia's workers have access to affordable and quality child care,' Jones told the AP in a statement. 'Child care is critical, not only for childhood development, but also for Georgia's economy. The proposed legislation will help families who are struggling to afford the cost of childcare and will encourage more businesses to offer child care as an employee benefit.' Jones' announcement comes after Democrats proposed even more generous breaks, a $200 child tax credit for all children under 17 and a child care tax credit worth up to the total amount a parent spends on day care, preschool, after-school care or summer programs. 'Affordable child care is essential for working families and a strong economy,' said House Democratic Whip Sam Park of Lawrenceville, a longtime proponent of more tax relief. 'These tax credits ease the burden on parents, help more families access quality care, and ensure no one has to choose between work and caregiving.' Tax credits allow someone to reduce their tax bill by a dollar for every dollar of the tax credit, and are more valuable than a tax deduction. However, in Georgia, tax credits can only be used up to the limit of someone's tax bill. A taxpayer who owes little or no state income tax can't get money back. Park, who favors a money-back option called a refundable tax credit, said a legal opinion stated that giving money back above what someone owes in taxes would violate the Georgia Constitution's ban on giving gifts of money to people or corporations. There's already a federal child tax credit of up to $2,000 per child for those under 17, but Georgia has not had its own credit. Staffers for Jones said a formal estimate of how much tax revenue the state would give up hasn't yet been requested, but based on an estimate for a different child tax proposed by House Democratic Minority Leader Carolyn Hugley of Columbus, Jones' proposal could cost $100 million to $200 million. Right now, Georgia's existing child care tax credit lets taxpayers take a credit of up to 30% of the amount they can get off from their federal income taxes for qualifying child care expenses. The federal ceiling is $3,000 per child, which means the Georgia ceiling is $900 per child. Jones' plan would increase that to 40% of the federal ceiling, or a maximum of $1,200. That would cost an estimated $10 million to $15 million more a year over the $40 million in revenue the state already goes, according to Jones' office. The Jones plan would also increase the tax benefits to employers when they invest in building, remodeling or equipping a child care center. Right now an employer can take a credit of 50% of the spending off their corporate income tax, while the plan would increase that credit to 75%.
