THOMPSON, Chief Justice.
Appellant GeorgiaCarry.Org, Inc., ("GCO") filed a complaint against the Code Revision Commission and its members, David Ralston,
This appeal arises out of the passage of two weapons related bills passed by the Georgia General Assembly during the 2013-2014 legislative session. The first, House Bill 826, was passed by the Georgia House of Representatives on February 25, 2014, passed by the Georgia Senate on March 20, 2014, and signed by the Governor on April 22, 2014. See HB 826, Act 575, Ga. L. 2014, p. 432, § 1-1. Section 1-1 of that bill addressed weapons as they related to juveniles and schools and amended OCGA § 16-11-127.1 to permit a person licensed to carry a firearm
In light of the differences in the two bills and the timing of the Governor's signing, CRC, as the entity responsible for "compiling, editing, arranging, and preparing the Acts and resolutions of the General Assembly for [] publication," see OCGA § 28-9-5 (a), determined that HB 826's language authorizing the carrying of a firearm in a defined area in and around schools conflicted with the language of HB 60 § 1-6. To the extent of this conflict, and pursuant to the statutory mandate that the later legislative enactment controls in the event two legislative enactments conflict and cannot be given simultaneous effect, OCGA § 28-9-5 (b), CRC gave effect to HB 60 § 1-6 and incorporated its language into OCGA § 16-11-127.1, thereby making it unlawful for any person to carry, possess, or have under their control a firearm while "within a school safety zone" unless that person is carrying or picking up a
In February 2015, GCO filed its complaint seeking a writ of mandamus to compel CRC to republish the text of OCGA § 16-11-127.1 so it would read more consistent with the language of HB 826 and seeking a judgment declaring that it is not a crime for a person with a weapons carry license to carry a firearm within a school safety zone. After the Governor and CRC filed separate motions to dismiss, GCO amended its complaint to include a verification and add a claim for injunctive relief. The trial court granted the defendants' motions to dismiss, concluding that: (1) HB 90 reenacted OCGA § 16-11-127.1, thus curing any defects in the language of the law and rendering any questions about the bills moot; (2) no justiciable controversy existed because HB 60, the bill enacted last in time, controlled, see
1. As an initial matter, GCO contends the trial court erred by ruling on CRC's motion to dismiss because, it argues, CRC was in default for failing to file a verified answer to GCO's amended complaint. Even assuming this argument was properly raised in the trial court, it has no merit. A responsive pleading to an amended complaint need not be filed unless such a pleading is required by statute or court order. See
Nor do we find any abuse of discretion in the trial court's decision to dismiss GCO's amended complaint based on CRC's previously filed motion to dismiss or to do so without holding a hearing. The trial court was under no legal obligation to hold a hearing, see Ga. Unif. Super. Ct. R. 6.3,
2. We now turn to the substantive merits of the trial court's decision to dismiss GCO's amended complaint. The trial court dismissed the amended complaint on three independent grounds, any one of which, if affirmed, is sufficient to support the dismissal order. With that in mind, we first address the trial court's determination that the amended complaint was subject to dismissal because it failed to raise a justiciable controversy.
This basis for the trial court's decision requires us to consider whether HB 826 § 1-1 remained good law after HB 60 § 1-6 was enacted and signed by the Governor on April 23, 2014, or, stated otherwise, whether HB 60 § 1-6 effectively repealed the provisions of HB 826 amending OCGA § 16-11-127.1. Repeals by implication are not favored under Georgia law, see
Having reviewed the clear language of HB 826 § 1-1 and HB 60 § 1-6, we agree with the trial court's conclusion that their provisions relating to the carrying of weapons within a school safety zone are in irreconcilable conflict. OCGA § 16-11-127.1, as enacted by HB 826, expressly authorized any individual with a weapons carry license to carry a firearm within a school safety zone. HB 60, in contrast and in pertinent part, amended OCGA § 16-11-127.1 to prohibit licensed individuals from carrying weapons, including firearms, within a school safety zone unless they were carrying or picking up a student. These provisions are contradictory in that they address the same circumstances, but one expressly authorizes the carrying of a firearm and the other expressly criminalizes such conduct, albeit with a limited exception. Accordingly, the two statutes cannot stand together and the provisions of HB 826 § 1-1 related to the carrying of firearms in a school safety zone did not survive the subsequent enactment of HB 60. See
It follows that at the time the trial court addressed CRC's motion to dismiss, the language of HB 60 codified by CRC in § 16-11-127.1 of the Georgia Code was controlling law. Thus, GCO was not entitled to relief under any state of provable facts alleged in the amended complaint, there was no actual controversy which would have authorized a declaratory judgment, and the trial court did not err by granting CRC's motion to dismiss. See
3. Because of our holding in Division 2, we need not address the remaining enumerations of error.
Judgment affirmed.
All the Justices concur.