Georgia Attorney General Sam Olens confirmed Thursday that an obscure bill passed earlier this year by the state Legislature did not legalize so-called “campus carry,” despite assertions by some gun rights supporters that it did.
The issue had flared this week as advocates for legally carrying guns on college and university campuses received media attention. They said House Bill 826, which otherwise would no longer force officials to expel or suspend students caught with a fishing knife or baseball bat on school grounds, also implicitly allowed licensed gun holders to carry weapons on college grounds statewide.
Olens, however, noted in an online legal FAQ that campus carry is explicitly banned under an overriding piece of legislation. House Bill 60, signed into law earlier this year, has garnered international attention and expands where Georgians may legally carry firearms with some conditions, including into public schools, bars, churches and government buildings. HB 60 takes effect July 1, as does HB 826.
Lawmakers during debate on HB 60 expressly removed campus carry from the bill to curry support for its passage. Powerful institutions such as the state Board of Regents have strongly opposed efforts to allow guns on campuses, including in the University System of Georgia.
Olens’ opinion came as no surprise to legal scholars, who said courts do not favor so-called “repeals by implication.”
“Given the intense legislative debate that eventually disfavored campus carry debates and the fact that HB 60, now signed into law, reaffirmed pre-existing school zone exemptions, there is no merit to the argument that campus carry was permitted by the General Assembly,” said Anthony Michael Kreis, who teaches at the University of Georgia’s School of Public and International Affairs.
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