The Passing of House Bill 859: Campus Carry

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Introduction

The field of law has long been related to literature and writing. Lawyers tend to have strong reading and writing abilities which makes them so talented in terms of maneuvering within the law to make their case. House Bill 859 is a perfect example of how politicians, almost all lawyers at one point, use their writing skills to state facts in a way that makes the bill seem like a great idea.

Abstract

House Bill 859, also known as the Campus Carry Bill, is the bill that passed in the Georgia Legislature allowing students over the age of twenty-one with a concealed carry permit to carry their firearms on college campuses. This bill creates a large amount of controversy on college campuses as some students are adamantly apposed to what the bill allows. Opponents suggest that allowing people to carry guns on campus will encourage rape as victims will not be able to refuse or leave a situation if a perpetrator is threatening his/her life. Proponents say that the Campus Carry Bill will make campuses a safer place, especially regarding campus shootings. Being a relevant and controversial bill, its structure and style play a unique role in getting representatives to vote to pass it.

 

Due to the nature of legal documents, it is not a surprise to see that Georgia House Bill 859 has a strong, outlined structure. When looking at legislation such as this, it almost seems as though you are reading the same piece over and over again due to the simple fact that the structure of the vast majority of legislative pieces follow a precise structure that does not waiver depending on the subject that is discussed. However, an interesting aspect of legislation, particularly House Bill 859, is that there is no mention of the cons to the idea the legislation expresses. During debate, and in many other legal literature, it is important to include the drawbacks of what could happen if whatever is being discussed goes into effect. For this example, House Bill 859, opponents presented a large number of reasons not to pass the legislation. However, in the legislation, it only mentions the positive effects of the legislation. During debate, and in many other legal literature, it is important to include the drawbacks of what could happen if whatever is being discussed goes into effect. For this example, House Bill 859, opponents presented a large number of reasons not to pass the legislation. However, in the legislation, it only mentions the positive effects of the legislation. This was shocking to see, and as I did research on the rest of the genre, I noticed it was a trend. The structure is uniform and what is mentioned is the same. This fact is an interesting feature of pieces of legislation, and one that proved to be particularly beneficial for House Bill 859. Upon research into (insert research done on other controversial legislation), these results seem to be a trend.

One of the most interesting aspects of my research is that I have found pieces of legislation that have been analyzed in order to make it easier for people that do not have a working knowledge of the law to understand what exactly is being passed by the legislature. People who “translate” pieces of legislation are called legislative analysts, and their jobs are incredibly undervalued. Due to that fact, there are not many people in the world that analyze legislation. However, the analysis of legislation seems to only be done if it was requested by certain people, or the analysts felt like there was a strong need to have legislation translated. Particularly in House Bill 859 of the Georgia legislature, legislation analysis would be a terrific way for people who do not know much about campus carry to understand the background, both sides of the argument, and the implications of the legislation. However, to my dismay, it has not been easy to find any kind of legislative analysis regarding campus carry without ending up reading a biased article about why House Bill 859 should or should not be signed into law by Governor Nathan Deal. Legislation analysis is a tremendous way to keep the public informed and educated on laws that government officials are planning to pass, but it is an underutilized service that could solve a great deal of argument and strife.

Legislative analysis performed on House Bill 859 would be extremely beneficial to everyone who has taken an interest in what the bill means, particularly college students in the state of Georgia, professors, administrators, and even university presidents in the case of the University of Georgia. For a piece of legislation that has sparked so much controversy, the campus carry legislation is thirty-seven lines long in its entirety. From the outside looking in, one might ask, what could possibly have been said in thirty-seven lines to create such rage and concern within people? The next natural step for someone who is unfamiliar with the situation would be to look into the legislation and what it truly says. Unfortunately, step two is where a large number of people stop researching. Legislation is incredibly hard to understand for people who did not pursue law as a career. Generally, legislation is written in the same style that laws, some dating back to the founding of the United States, are typically written. It seems as though the grammar, diction, and almost everything about pieces of legislation are made to slip up even the most educated and passionate English students. With legislative analysis, all of these issues disappear. Anyone who looks into House Bill 859 will be able to see the background on the campus carry dispute, what proponents and opponents had to say about the issue when it was debated in both the House of Representatives and the Senate, what the bill communicates in common terms, and what the bill implies in terms of what is going to change if the bill is passed.

Legislative analysis on the issue would eliminate the majority of confusion, assuming that the people who feel unsafe perform a google search to figure out what the bill implies.

Legislative analysis requires relatively extensive knowledge into the nuances of the way bills, resolutions, and other legislative works are written. However, due to the under-utilized nature of the profession, there is not legislative analysis performed on every bill passed by every state every day. If there were a way to tell how controversial a bill would be before the public found out about it, it would be easier to assign a legislative analyst to a bill in order to “translate” the legal vernacular of the bill into common terms. In order to eliminate this problem for House Bill 859, including a legislative analysis of the bill will be extremely helpful.

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A Summary of House Bill 859 As Passed by the House of Representatives

The bill would require that the existing ban on concealed weapons on college campuses be repealed so that people who possess concealed carry permits issued by the state of Georgia are able to carry their weapon on campus.

Background Information

It has been in effect for years that public schools and college campuses are considered safety zones that do not allow weapons, drugs, or alcohol. In light of the changing culture of terrorist attacks and mass shootings, proponents suggest that allowing students on college campuses to carry their concealed weapons would increase safety and discourage shootings.

Board Position

Support. It is recommended that the governor sign the bill into law with the support of the House of Representatives. Due to the detailed research on the repercussions of the bill performed by the House, it is advised that the governor trust the work of his colleagues after performing his own research.

 

Detailed Content of the Bill

Bill is considered an amendment to Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated.  The amendment consists of changing “or” at the end of Code Section (c), replacing it with “; or” and including a new paragraph stating that any license holder in any building or on real property owned by a public university can be in possession of a firearm with the exception of sporting events, student housing, and/or fraternity and sorority houses. It also notes what constitutes a concealed weapon and what it is meant by “handgun.”  Also, all laws in conflict with this bill are repealed.

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Although it may not be particularly easy to understand with the interpretation of a non-professional legislative analysis, at least there is something to break down the information with headings and common vernacular. With this added accessibility, everyone should be able to understand what is going on inside legislation. The key and backbone of legislative analysis as a profession is the theme of education. The best thing to do in the world, particularly in the world of legal literature is educate the public. With education of the public, there would be less controversy, less public outcry, and less confusion as a state.

Essentially, there is much ado about nothing, typically, when it comes to legislation that is being passed. Law makers do not sit around a table and talk about the next great way to make college campuses dangerous. However, that is the way they are portrayed if you ask protesters standing in front of the famous Arch. Legislative analysis would solve a great deal of problems that these people have simply by explaining in common terms what the bill is trying to say at its core. That is not to say that people would not agree/disagree with the bill. However, the public would be more educated on the situation.

 

 

Works Cited

“HB 859 2015-2016 Regular Session.” HB 859 2015-2016 Regular Session. Web. 24 Mar. 2016.