O.C.G.A.

O.C.G.A. § 16-11-127.1 (2019)

Carrying weapons within school safety zones, at school functions, or on a bus or other transportation furnished by a school

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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(a) As used in this Code section, the term:

(1) ‘‘Bus or other transportation furnished by a school’’ means a bus or other transportation furnished by a public or private elementary or secondary school.

(2) ‘‘School function’’ means a school function or related activity that occurs outside of a school safety zone and is for a public or private elementary or secondary school.

(3) ‘‘School safety zone’’ means in or on any real property or building owned by or leased to:

(A) Any public or private elementary school, secondary school, or local board of education and used for elementary or secondary education; and

(B) Any public or private technical school, vocational school, college, university, or other institution of postsecondary education.

(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

Notes of Decisions

Cited in 38 cases (2 in the last 5 years), 1996–2023 · leading case: Boatright v. Copeland Et Al., 783 S.E.2d 695 (Ga. Ct. App. 2016).

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Boatright v. Copeland Et Al., 783 S.E.2d 695 (Ga. Ct. App. 2016). · cites it 33× “es Copeland, and school board members Randy Crawford, Randy Sellers, Jeffrey Miller, Scottie Ammons, and Cindy Tomberlin (collectively, “Defendants”), asserting claims for negligence per se and premises liability/negligence on the theory that Defendants were negligent in…”

Boccia v. the State, 782 S.E.2d 792 (Ga. Ct. App. 2016). · cites it 10× “Both men were indicted for armed robbery (OCGA § 16-8-41); two counts of aggravated assault with intent to rob (OCGA § 16-5-21 (a) (1)); carrying a weapon in a school safety zone (OCGA § 16-11-127.1); 1 and battery (OCGA § 16-5-23.”

Knox v. State of Georgia, 888 S.E.2d 497 (Ga. 2023). · cites it 18× “The Georgia Code previously mirrored the USG’s no-guns policy, specifically, by providing in OCGA § 16-11-127.1 that university campuses were “school safety zones” where carrying or possessing a weapon, including a firearm, triggered criminal penalties.”

Evans v. Gwinnett Cnty. Pub. Schs., 788 S.E.2d 577 (Ga. Ct. App. 2016). · cites it 30× “Under OCGA § 16-11-127.1 (b) (1), it is a crime to carry a firearm in a “school safety zone.”

GeorgiaCarry.Org, Inc. v. Code Revision Comm'n, 793 S.E.2d 35 (Ga. 2016). · cites it 21× “(“GCO”), filed a complaint against the Code Revision Commission and its members, David *897 Ralston, in his official capacity as Speaker of the House of Representatives of Georgia, Lowell Cagle, in his official capacity as President of the Senate of Georgia, and Governor Nathan…”

In the Interest of R. F. T., 492 S.E.2d 590 (Ga. Ct. App. 1997). · cites it 22× “Thereafter, a delinquency petition was filed for a violation of *720 OCGA § 16-11-127.1, carrying a weapon within, a school safety zone.”

Leake v. Murphy, 617 S.E.2d 575 (Ga. Ct. App. 2005). · cites it 4× “School safety plans prepared by public schools shall address security issues in school safety zones as *222 defined in [OCGA § 16-11-127.1 (a) (l)].” 8 The word “ '[s]hall’ is generally construed as a word of command.”

Sinkfield v. State, 470 S.E.2d 649 (Ga. 1996). · cites it 4× “[9] OCGA § 16-11-127.1. [10] See State v. Burgess, 263 Ga.”

Carter v. State, 737 S.E.2d 714 (Ga. Ct. App. 2013). · cites it 6× “4 (a); possessing a firearm during the commission ofa crime, OCGA § 16-11-106 (b); and possessing a firearm on school grounds, OCGA § 16-11-127.1. Carter filed a motion for new trial, which the trial court denied.”

In the Interest of A. M., 545 S.E.2d 688 (Ga. Ct. App. 2001). · cites it 10× “also was charged with carrying a weapon on school property in violation of OCGA § 16-11-127.1. The juvenile court adjudicated A.”

Mosley v. State, 536 S.E.2d 150 (Ga. 2000). · cites it 6× “1 Mosley contends *882 that the offense of possession of a weapon on school property under OCGA § 16-11-127.1 is not inherently dangerous and therefore should not serve as the basis for his conviction and sentence for felony murder.”

Johnson v. State, 839 S.E.2d 521 (Ga. 2020). · cites it 2× “art 3 now also includes statutes that prohibit the unlawful carrying of a handgun without a valid license to carry, OCGA § 16-11-126 (h); the unlawful carrying of a firearm in government buildings, courthouses, jails, prisons, places of worship, state mental health facilities,…”

Show all 38 citing cases →

— 16-11-127.1(a)(2) — 2 cases

Boatright v. Copeland Et Al., 783 S.E.2d 695 (Ga. Ct. App. 2016). “es Copeland, and school board members Randy Crawford, Randy Sellers, Jeffrey Miller, Scottie Ammons, and Cindy Tomberlin (collectively, “Defendants”), asserting claims for negligence per se and premises liability/negligence on the theory that Defendants were negligent in…”

In Re Am, 545 S.E.2d 688 (Ga. Ct. App. 2001).

— 16-11-127.1(a)(4) — 1 case

— 16-11-127.1(b) — 2 cases

In Re Am, 545 S.E.2d 688 (Ga. Ct. App. 2001).

In Re Tm, 693 S.E.2d 574 (Ga. Ct. App. 2010).

— 16-11-127.1(b)(1) — 1 case

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.