Georgia House Bill 89 was signed by Governor Perdue and therefore is law in Georgia as of July 1, 2008. This bill modified the existing laws regarding a person’s right to obtain a permit and to carry concealed weapons under certain defined circumstances. ABC legal counsel Dave Hendrick has thoroughly reviewed this provision of the law, as amended, and is of the opinion that it does not limit or bar a general contractor from imposing reasonable rules or policies barring weapons on a construction project site on which it is contractually charged with the right and obligation to "control access," including in private vehicles in on site parking areas. However, there are a few qualifications, as outlined in the briefing below.
Click here to read the complete legal briefing.
by David Hendrick, Hendrick, Phillips, Salzman & Flatt
I have recently looked at HB 89 in a fair amount of detail, along with some of the commentaries and articles about it and the evolution of amendments during its meandering through the legislature this last session, and it is not abundantly clear what the intent or meaning of this Bill (now statute) is as to application to a construction site. During the debates during the session, this Bill did not attract the attention of the construction industry, since it was assumed by many that the Chamber of Commerce and other business interests were paying close attention. However, most of the attention and publicity centered upon the provisions dealing with the right to carry concealed weapons, if properly permitted, into parks, public buildings historic sites, and other "public gatherings" and not with the meaning of the entirely new provisions dealing with the rights of an owner, employer, or contractor to restrict or control guns in vehicles. Virtually no analysis has been done to my knowledge on these issues.
It does not appear that the provision of the law, as amended, would limit or bar a general contractor from imposing reasonable rules or policies barring weapons on a construction project site, including in private vehicles in on-site parking areas with a few qualifications. (To read further discussion of House Bill 89, and for a detailed analysis of the relevant provisions, click here.)
Bottom line, while it is not as clear as we would prefer in the new statutory language, based upon the right to "control access" to construction project site parking areas, there seems to be no provisions clearly limiting or precluding imposition and application by a general contractor of a restriction or bar against carrying weapons on a private contraction project site. Thus, it would appear that a general contractor in contractual charge of a construction site (and more certainly the owner of the property) has the right to "control access" to the site, including precluding anyone, whether its employees or invitees from bringing weapons onto the site, concealed or not, licensed or not, or in vehicles or not. Finally, even if such imposition of any such reasonable restrictions by a contractor were later determined to be precluded by this statute, the sanctions or liabilities – the “downside” - would likely not be severe and would be offset by the “upside.”
Forget What You Knew About Georgia's Lien Law
Changes for March 2009
by David Hendrick, Hendrick, Phillips, Salzman & Flatt
While most people were finally getting comfortable with the ins and outs of the puzzle known as the Georgia Mechanic's and Materialmen's lien law, the Georgia Senate recently created and charged a Lien Law Study Committee to review the lien statute and determine whether there were any areas which should be revised.
Read the complete update. by Rusty Paul
The Legislature is in hiatus for a few days to allow the Senate to work onits version of the budget. The House passed its version of the budget late last week after the Senate and House reached a compromise on the 2008 Supplemental Budget.
Read Rusty's complete update for news on recent legislation including the state lien law, untility contractor licensing, and tax credits for historic homes and buildings.
Read the full March 24, 2008, report.
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