24 LC 28 0620
House Bill 1160
By: Representatives Jackson of the 68
th
, Holly of the 116
th
, Evans of the 89
th
, Moore of the
91
st
, and Draper of the 90
th
A BILL TO BE ENTITLED
AN ACT
To amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia
1
Annotated, relating to carrying and possession of firearms, so as to prohibit the sale, transfer,2
use, possession, importation, or manufacture of certain firearms and magazines; to provide3
for the continued possession of certain firearms and magazines; to provide for exceptions and4
exemptions; to provide for definitions; to provide for findings; to provide for related matters;5
to provide an effective date; to repeal conflicting laws; and for other purposes.6
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
SECTION 1.8
The General Assembly finds that:9
(1) Semiautomatic rifles that accept high-capacity magazines pose a significant threat to10
public safety in that they provide the user of the rifle the ability to fire many rounds of11
ammunition rapidly and thereby harm many people in a short amount of time;12
(2) Such semiautomatic rifles have been used in numerous mass shootings around the13
nation in the recent past, resulting in the death of large numbers of people, many of whom14
were children; and15
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(3) There is a need to limit the ownership, possession, use, manufacture, and importation
16
of such semiautomatic rifles into this state to reduce the danger to the public from further17
mass shootings using such rifles.18
SECTION 2.19
Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated,20
relating to carrying and possession of firearms, is amended by adding a new Code section to21
read as follows:22
"16-11-139.
23
(a) As used in this Code section, the term:24
(1) 'Dealer' means any person licensed as a dealer pursuant to 18 U.S.C. Section 921, et25
seq.26
(2) 'Large capacity ammunition feeding device' means any magazine, clip, drum, belt,27
feed strip, or similar device which is designed to supply or is capable of supplying28
ammunition to a semiautomatic assault weapon and has a capacity in excess of 20 rounds29
of ammunition.30
(3) 'Manufacture' means the construction of the individual components of a31
semiautomatic assault weapon as well as the assembly of such individual components32
into a semiautomatic assault weapon capable of firing ammunition.33
(4) 'Securely stored' means placed in a locked storage container that cannot be readily34
accessed by those without permission or authorization to do so and is equipped with a35
functioning trigger lock which is operated with a key or combination lock that prevents36
the firearm from being discharged while the trigger lock is attached to the firearm.37
(5) 'Semiautomatic assault weapon' means:38
(A) A rifle that which uses the energy of an explosive in a fixed, center fire, metal39
cartridge to expel a single projectile through the bore of the rifle for each single pull of40
the trigger and to extract the fired cartridge case and chamber the next round; and41
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(B) Is capable of using a large capacity ammunition feeding device in its operation.42
The term 'semiautomatic assault weapon' shall not include a weapon that uses rimfire43
ammunition.44
(b) On and after July 1, 2024, except as provided in this Code section, it shall be illegal to45
own, possess, use, sell, import, or manufacture semiautomatic assault weapons in this state.46
(c) On and after July 1, 2024, all semiautomatic assault rifles which were owned prior to47
July 1, 2024, may be retained by the owner of the semiautomatic assault rifle if such48
semiautomatic assault rifle is securely stored. Such semiautomatic assault rifle may be sold49
or transferred by the owner of such rifle only if the owner has a criminal background check50
of the purchaser or transferee conducted by a dealer pursuant to the National Instant51
Criminal Background Check System created by the federal Brady Handgun Violence52
Prevention Act (P.L. No. 103-159) and the background check reveals that the person is53
eligible to purchase or receive such semiautomatic assault rifle.54
(d) On and after July 1, 2024, except as provided in this Code section, it shall be illegal to55
own, possess, use, sell, import, or manufacture a large capacity ammunition feeding device56
in this state.57
(e) On and after July 1, 2024, large capacity ammunition feeding devices which were58
owned prior to July 1, 2024, may continue to be possessed by the owner but shall not be59
sold or transferred.60
(f) This Code section shall not apply to semiautomatic assault weapons or large capacity61
ammunition feeding devices which are possessed or owned by:62
(1) A law enforcement agency;63
(2) A peace officer, as such term is defined in paragraph (11) of Code Section 16-1-3,64
so long as such peace officer remains certified, whether employed by the state or a65
political subdivision of the state or by another state or a political subdivision of another66
state;67
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(3) A security officer employed by a federally licensed nuclear power facility or a68
licensee of such facility, including a contract security officer, who is trained and qualified69
under a security plan approved by the United States Nuclear Regulatory Commission or70
other federal agency authorized to regulate nuclear facility security; provided, however,71
that this exemption shall apply only while such security officer is acting in connection72
with his or her official duties on the premises of such nuclear power facility or on73
properties outside the facility property pursuant to a written agreement entered into with74
the local law enforcement agency having jurisdiction over the facility; and75
(4) A peace officer, as such term is defined in paragraph (11) of Code Section 16-1-3,76
who has retired, so long as such retired peace officer remains certified under Chapter 877
of Title 35.78
However, no person exempted under this Code section shall sell or transfer a79
semiautomatic assault weapon or large capacity ammunition feeding device to any person80
who is not exempted under this subsection.81
(g)(1) Any person who violates the provisions of this Code section shall be guilty of a82
misdemeanor on the first or second offense and, upon conviction thereof, shall be subject83
to a fine of not more than $250.00 for the first offense and a fine of not more than84
$500.00 for the second offense.85
(2) Any person who violates the provisions of this Code section for a third or subsequent86
time shall be guilty of a misdemeanor of a high and aggravated nature and may forfeit the87
right to hunt for a period of time as specified by the court.88
(3) Upon conviction of a violation of this Code section, the semiautomatic assault89
weapon or large capacity ammunition feeding device which is the subject of the violation90
shall be deemed to be contraband and shall be subject to forfeiture."91
SECTION 3.92
This Act shall become effective on July 1, 2024.93
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SECTION 4.
94
All laws and parts of laws in conflict with this Act are repealed. 95
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