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O.C.G.A. 16-11-130.1
GSBA Risk Management Services Annual Members Meeting
The Graduate – Athens, Georgia
Dr. Michael Gwatney, Superintendent
Fannin County Board of Education
October 16, 2018 – 12:30 p.m.
DisclaimerToday’s examinations of law,
policies based on law, as well as
the findings, do not constitute legal
advice.
Legal advice should be sought only
from qualified legal counsel.
I am not an attorney or otherwise
qualified legal counsel.
Legal advice is not implied, nor
should it be inferred, by any part of
this presentation.
My story
45 Years Old
Son of a retired police officer/former
school bus driver and a teacher/media
specialist
God blessed me with my wife, Manda
Married in 1995
Lora
Our daughter, Lora, was born in
2002
School years
Graduated from Fannin County
High School in 1991
Truett-McConnell, 1993
Brenau University, 1995
The University of Georgia, 1998,
2000, and 2003
Doctoral Dissertation Title
Teaching career
Began as a substitute teacher in
1991
Paraprofessional
Teacher
Assistant Principal
Principal
Director of Technology & Media
Services
Superintendent
A Common Scene from Many
Georgia High School Parking
Lots through the Early 1990s…
What Happened?
Problem Statement
“In response to an increase in the amount of violent
acts involving dangerous weapons, especially
firearms, in America’s public schools, legislative
bodies throughout the United States have created
a myriad of new laws in an attempt to curb the
violence. Even though there are currently over
20,000 laws nationally pertaining to firearms use
and possession, media reports of students illegally
possessing and using firearms and other dangerous
weapons in and around America’s schools remain
common.”
--Michael Gwatney, June 2003
When Did this Start?
Genesis 4 and the first “murder” is described when Cain kills Abel, his brother, in a fit of anger and jealousy; the murder weapon was a rock
1840 shooting of a University of Virginia law professor
1999 shooting at Columbine High School in Littleton, Colorado, that killed 15 and wounded 21
What Are the Results?
School shootings are often the catalysts
for additional legislation intended to
further regulate the possession of
weapons, especially in and around
schools
O.C.G.A. § 16-11-127: “Carrying weapons
in unauthorized locations”
O.C.G.A. § 16-11-127.1: “Carrying
weapons within school safety zones, at
school functions, or on a bus or other
transportation furnished by a school”
Maslow’s “Hierarchy
of Needs”
How Does this Impact Learning?
Georgia Law
Before 1992, carrying a weapon to or
near a public school campus in Georgia
was treated the same as carrying a
weapon at any other public facility.
For a first-time offender, a violation of
O.C.G.A. § 16-11-127 was (and remains)
a misdemeanor.
Furthermore, the language that defines
a weapon under § 16-11-127 is
construed by some as vague and not
necessarily descriptive of many of the
items that may be utilized as a weapon.
O.C.G.A. § 16-11-127.1 O.C.G.A. § 16-11-127.1 strictly controls the
possession of weapons on school property.
The law’s consequences are strict, and it is
intended to make schools safer.
History has shown, though, that those who
intend to use a weapon to cause harm at
school do not have regard for the law.
O.C.G.A. § 16-11-127.1
Strict liability
“Liability that does not depend
on actual negligence or intent to
harm”
Doctoral internship:
Appalachian Judicial Circuit
DeKalb County example
Fannin County High School
example
Accessing Georgia Law
www.gwatneylaw.com
Accessing Georgia Law
LexisNexis®
Accessing Georgia Law
LexisNexis®
O.C.G.A. § 16-11-127.1
§ 16-11-127.1. (a) (4) "Weapon" means and includes any
pistol, revolver, or any weapon designed or intended to propel a missile of any kind, or any dirk, bowie knife, switchblade knife, ballistic knife, any other knife having a blade of two or more inches, straight-edge razor, razor blade, spring stick, knuckles, whether made from metal, thermoplastic, wood, or other similar material, blackjack, any bat, club, or other bludgeon-
type weapon, or any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain, or any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which
may be known as a throwing star or oriental dart, or any weapon of like kind, and any stun gun or taser as defined in subsection (a) of Code Section 16-11-106.
This paragraph excludes any of these instruments used for classroom work authorized by the teacher.
O.C.G.A. § 16-11-127.1 § 16-11-127.1. (c) (6): A person who has been
authorized in writing by a duly authorized officialof a public or private elementary or secondary school or a public or private technical school, vocational school, college, university, or other institution of postsecondary education
or a local board of education as provided in Code Section 16-11-130.1 to have in such person's possession or use within a school safety zone, at a school function, or on a bus or other transportation furnished by a school a weapon which would otherwise be prohibited by this Code section.
Such authorization shall specify the weapon or weapons which have been authorized and the time period during which the authorization is valid;
Exemptions by Law
O.C.G.A. § 16-11-130: “Exemptions
from Code Sections 16-11-126
through 16-11-127.2”
Law enforcement, etc.
O.C.G.A. § 16-11-130.1: “Allowing
personnel to carry weapons within
certain school safety zones and at
school functions” (2014)
School personnel
O.C.G.A. § 16-11-130.1
(Handout)
O.C.G.A. § 16-11-130.1 was passed in 2014
It grants local boards of education the authority to enact a policy allowing certain personnel – beyond those who may already be authorized – to be armed
The purpose of Policy GAMB is to create a legal and highly controlled means by which certain volunteer school personnel may – in a legitimate process – become eligible to have access to a weapon.
Why Act?
There is no higher purpose of our school
system than to provide a safe and secure
environment for our students, faculty, and
staff.
2017-2018 Regular Session of the Georgia
House of Representatives: House
Resolution 1472
“Local boards of education; implement
provisions of Georgia law regarding
arming of school personnel; urge”
HR 1472 A RESOLUTION Urging all local boards of education to implement
the provisions of Georgia law regarding the arming of school personnel; and for other purposes.
WHEREAS, while the loss of any life is troubling, the loss of the lives of innocent schoolchildren is a particular cause for concern and sadness; and
WHEREAS, school shootings and how to prevent them are once again a major topic of discussion among our citizens; and
WHEREAS, the General Assembly enacted House Bill 60 in 2014 to attempt to deal with these situations in recognition that sometimes the best way to stop a bad person with a gun is a good person with a gun; and
WHEREAS, House Bill 60 authorized local boards of education to authorize their personnel to possess and carry firearms in school safety zones, at school functions, and on school transportation in order to protect students and other personnel of the school; and
WHEREAS, at this time, it does not appear that any local board of education has taken advantage of these means of protecting their students; and
WHEREAS, the members of this body feel strongly that the presence of or even the prospect of encountering armed personnel at a school would serve to deter many who would seek to do harm to schoolchildren.
HR 1472 NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF
REPRESENTATIVES that the members of this body urge all
local boards of education to implement the provisions of
House Bill 60 and arm their personnel to deter persons from
attempting to do violence to our children.
BE IT FURTHER RESOLVED that the Clerk of the House of
Representatives is authorized and directed to make
appropriate copies of this resolution available for
distribution to the public, the press, and each local board
of education in this state
Your Board and the Decision
Discussions with the Board
Making a decision whether to
implement a policy
You’re not alone
In the words John F. Kennedy,
“There are risks and costs to
action. But they are far less
than the long-range risks of
comfortable inaction.”
Current GAMB Policies
(Handout of Fannin’s GAMB)
Your Immediate Contacts –
If Your Board Is Favorable
Counsel to develop policy
District Attorney
Local Law Enforcement
Agency Head
Professional Standards
Commission
GSBA-RMS/Insurance
Your Contacts – If Your
Board Is Favorable
• Call to local news media
immediately before first reading
• Letter sent immediately to
community, faculty and staff, and
School Governance Teams
• County government and local EMA
• All other law enforcement partners
(GBI/background checks and USSS)
Law Enforcement as a
Partner: U.S. Secret Service
Who participates?• Identify potential types of
personnel to be GAMB volunteers
• Consider mental and physical
abilities
• Consider duty assignments
• Consider access to school facilities
• Consider time to train
Eligible Personnel
No “Cowboys” – or “Cowgirls”
Volunteers
No mental health issues
Willingness to remain confidential
Ability to train – Both classroom and range drills with live fire
Must acquire a state-issued weapons license
Training on When and How to Use Weapons
Find Georgia P.O.S.T. Certified trainers
All volunteer participants undergo a
minimum half-day “Use of Force” class
All volunteer participants take part in a two-
day “patrol rifle” course (AR-type 5.56mm
semi-automatic riflef)
Patrol rifle training requires some use of a
handgun to complete the course
Participants must score at least 80% on the
rifle qualification live fire course to pass
Training on When and How to Use Weapons
Participants who pass “patrol rifle” may
advance to the full handgun course
All volunteer handgun course participants take
part in a two-day “service pistol” course
Participants must use a semi-automatic, striker-
fired, “safe-action” type weapon (pre-approved
before the course)
9mm is preferred caliber for the course
Participants must score at least 80% on the pistol
qualification live fire course to pass
Training on When and How to Use Weapons Training is provided on proper handling and
marksmanship, as well as “shoot-don’t shoot”
scenarios with all available weapons
Training on concealment and safe carry
Guided remediation time is scheduled, as
needed
Participants have free access to the range
outside of course hours to prepare for
qualification drills
Participants must qualify with each type and
caliber of weapon carried
Rifle Storage and Access
Biometrically activated electronic
vaults that are strategically located in
buildings
The vaults are in protected areas
The vaults contain an AR-15 rifle
Ammunition is stored in the vault with
rifle
Qualified individuals who have met
all criteria may have their fingerprints
stored in any vault(s) to which they
have access
Weapon Selections - Pistol
Must meet the previously stated criteria
Typically a Glock 19/23 (9mm/.40) or
Glock 26/27
May be possessed according to policy, if
properly qualified
Must be carried on the body and
concealed at all times
Must be worn or stored in a vault or other
locking container at all times
No “off body” carry is allowed
Other Items to CarrySchool identification
Key card/master key
Cell phone
Electronic “authorization letter” signed by the superintendent and the sheriff
Two-way radio with school and public safety programming
Light
Knife
Additional ammunition
Other Considerations
Policy covers only those employed
by the granting district and while in
or on the granting district’s
property (buildings, vehicles, etc.)
Participation in school functions off
of school property only applies
where otherwise legal (reference
state-issued permit)
Law always trumps policy
Continuing Approved Status
Must maintain state-issued weapons license
Must qualify annually to the same standard as the Fannin County Sheriff’s Office personnel on any and all weapons accessed as a part of GAMB
Must undergo annual background check at time of qualification
Must immediately report any criminal issue for review
Thank You!
Michael Gwatney, Ed.D.
Superintendent
Fannin County Board of Education
706-632-3771 – Ext. 223
