Weapons on Premises of Nuclear Power Facility

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  1. Except as provided in subsection (c) of this Code section, it shall be unlawful for any person to carry, possess, or have under such person's control while on the premises of a nuclear power facility a weapon or long gun. Any person who violates this subsection shall be guilty of a misdemeanor.
  2. Any person who violates subsection (a) of this Code section with the intent to do bodily harm on the premises of a nuclear power facility shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $10,000.00, by imprisonment for not less than two nor more than 20 years, or both.
  3. This Code section shall not apply to a security officer authorized to carry dangerous weapons pursuant to Code Section 16-11-124 who is acting in connection with his or her official duties on the premises of a federally licensed nuclear power facility; nor shall this Code section apply to persons designated in paragraph (2), (3), (4), or (8) of subsection (c) of Code Section 16-11-127.1.
  4. Nothing in this Code section shall in any way operate or be construed to affect, repeal, or limit the exemptions provided for under Code Section 16-11-130.

(Code 1981, §16-11-127.2, enacted by Ga. L. 2006, p. 812, § 2/SB 532; Ga. L. 2007, p. 47, § 16/SB 103; Ga. L. 2010, p. 963, § 1-5/SB 308; Ga. L. 2014, p. 432, § 2-6/HB 826; Ga. L. 2015, p. 805, § 5/HB 492.)

Editor's notes.

- Ga. L. 2010, p. 963, § 3-1/SB 308, not codified by the General Assembly, provides, in part, that the amendment of this Code section shall apply to all offenses committed on and after June 4, 2010, and shall not affect any prosecutions for acts occurring before June 4, 2010, and shall not act as an abatement of any such prosecution.

Law reviews.

- For article, "Crimes and Offenses," see 27 Ga. St. U.L. Rev. 131 (2011).

JUDICIAL DECISIONS

Cited in Johnson v. State, 308 Ga. 141, 839 S.E.2d 521 (2020).

OPINIONS OF THE ATTORNEY GENERAL

Fingerprinting required for violators.

- Those charged with offenses under O.C.G.A. § 16-11-127.2 are to be fingerprinted. 2007 Op. Att'y Gen. No. 2007-1.


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