Georgia 2023-2024 Regular Session

Georgia House Bill HB44 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	23 LC 39 3507
2	2	H. B. 44
3	3	- 1 -
4	4	House Bill 44
5	5	By: Representatives Au of the 50
6	6	th
7	7	, Beverly of the 143
8	8	rd
9	9	, Mitchell of the 88
10	10	th
11	11	, Park of the
12	12	107
13	13	th
14	14	, Roberts of the 52
15	15	nd
16	16	, and others
17	17	A BILL TO BE ENTITLED
18	18	AN ACT
19	19	To amend Part 5 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia
20	20	1
21	21	Annotated, relating to Brady Law Regulations, so as to require universal background checks2
22	22	in all manner of firearm transfers and purchases; to provide for definitions; to provide for3
23	23	exceptions; to provide for criminal penalties; to provide for applicability; to provide for4
24	24	related matters; to repeal conflicting laws; and for other purposes.5
25	25	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
26	26	SECTION 1.7
27	27	Part 5 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated,8
28	28	relating to Brady Law Regulations, is amended by revising Code Section 16-11-171, relating9
29	29	to definitions, as follows:10
30	30	"16-11-171.11
31	31	As used in this part, the term:12
32	32	(1) 'Center' means the Georgia Crime Information Center within the Georgia Bureau of13
33	33	Investigation.14
34	34	(2) 'Dealer' means any person licensed as a dealer pursuant to 18 U.S.C. Section 921, et15
35	35	seq.16 23 LC 39 3507
36	36	H. B. 44
37	37	- 2 -
38	38	(3) 'Firearm' means any weapon that is designed to or may readily be converted to expel
39	39	17
40	40	a projectile by the action of an explosive or the frame or receiver of any such weapon,18
41	41	any firearm muffler or firearm silencer, or any destructive device as defined in 18 U.S.C.19
42	42	Section 921(a)(3).20
43	43	(4) 'Involuntarily hospitalized' means hospitalized as an inpatient in any mental health21
44	44	facility pursuant to Code Section 37-3-81 or hospitalized as an inpatient in any mental22
45	45	health facility as a result of being adjudicated mentally incompetent to stand trial or being23
46	46	adjudicated not guilty by reason of insanity at the time of the crime pursuant to Part 2 of24
47	47	Article 6 of Chapter 7
48	48	of Title 17.25
49	49	(5) 'NICS' means the National Instant Criminal Background Check System created by26
50	50	the federal 'Brady Handgun Violence Prevention Act' (P. L. No. 103-159).27
51	51	(6) 'Person' means any corporation, company, association, firm, partnership, club,28
52	52	organization, society, joint stock company, or other entity and shall include any entity29
53	53	that engages in business in this state, in whole or part, through internet or mail order30
54	54	sales.31
55	55	(7) 'Transferee' means an unlicensed person who intends to receive a firearm from32
56	56	another unlicensed person.33
57	57	(8) 'Transferor' means an unlicensed person who intends to transfer a firearm to another34
58	58	unlicensed person.35
59	59	(9) 'Unlicensed person' means a person who is not validly licensed as a firearms dealer,36
60	60	manufacturer, or importer pursuant to 18 U.S.C. Section 921, et seq."37
61	61	SECTION 2.38
62	62	Said part is further amended by adding a new Code section to read as follows:39
63	63	"16-11-174.40
64	64	(a) No unlicensed person shall transfer a firearm to another unlicensed person unless such41
65	65	transfer is facilitated by a dealer in accordance with this Code section. A dealer who42 23 LC 39 3507
66	66	H. B. 44
67	67	- 3 -
68	68	facilitates a firearm transfer on behalf of an unlicensed person shall use the same43
69	69	procedures and comply with all state and federal laws required by such dealer for the44
70	70	transfer of a firearm from such dealer's own inventory, including, but not limited to, the45
71	71	performance of background checks and maintenance of records. A dealer shall be46
72	72	authorized to charge a reasonable fee to facilitate the transfer of a firearm pursuant to this47
73	73	Code section.48
74	74	(b) When a background check indicates that the transferee is not prohibited from receiving49
75	75	or possessing the firearm under state or federal law and all legal requirements to complete50
76	76	the transfer are met, the dealer shall deliver the firearm to the transferee.51
77	77	(c) When a background check indicates that the transferee is not authorized to receive or52
78	78	possess the firearm under state or federal law, or if the dealer cannot otherwise lawfully53
79	79	deliver the firearm to the transferee, the dealer shall not complete the transfer and shall54
80	80	return the firearm to the transferor; provided, however, that the dealer shall be authorized55
81	81	to conduct a background check to ensure that the transferor is not prohibited from receiving56
82	82	or possessing the firearm under state or federal law. If such background check indicates57
83	83	that the transferor is not authorized to receive or possess the firearm, the dealer shall not58
84	84	return the firearm to the transferor.59
85	85	(d) The provisions of this Code section shall not apply to:60
86	86	(1) The transfer of any:61
87	87	(A) Firearm, including any handgun with a matchlock, flintlock, percussion cap, or62
88	88	similar type of ignition system, manufactured in or before 1898;63
89	89	(B) Replica of any firearm described in subparagraph (A) of paragraph (1) of this64
90	90	subsection, if such replica is not designed or redesigned to use rimfire or conventional65
91	91	center-fire fixed ammunition or uses rimfire or conventional center-fire fixed66
92	92	ammunition which is no longer manufactured in the United States and which is not67
93	93	readily available in the ordinary channels of commercial trade; or68
94	94	(C) Firearm which is a curio or relic as defined by 27 C.F.R. 178.11;69 23 LC 39 3507
95	95	H. B. 44
96	96	- 4 -
97	97	(2) The transfer of a firearm by or to any law enforcement agency or officer, armed70
98	98	private security professional, or member of the armed forces, to the extent that the71
99	99	agency, officer, professional, or member is acting within the course and scope of72
100	100	employment and official duties;73
101	101	(3) A transfer that is a loan or bona fide gift between spouses; between domestic74
102	102	partners; between parents and their children, including stepparents and their stepchildren;75
103	103	between siblings; between aunts or uncles and their nieces or nephews; or between76
104	104	grandparents and their grandchildren, if the transferor has no reason to believe that the77
105	105	transferee will use or intends to use the firearm in a crime or that the transferee is not78
106	106	authorized to receive or possess firearms under state or federal law;79
107	107	(4) A transfer to an executor, administrator, trustee, or personal representative of an80
108	108	estate or a trust that occurs by operation of law upon the death of another person;81
109	109	(5) A temporary transfer that is necessary to prevent imminent death or great bodily82
110	110	harm, including harm to self, family, household members, or others, if the transferee83
111	111	possesses the firearm only as long as is reasonably necessary to prevent such imminent84
112	112	death or great bodily harm;85
113	113	(6) A transfer that is approved by the Attorney General under Section 5812 of the86
114	114	Internal Revenue Code of 1986;87
115	115	(7) A gunsmith who receives a firearm solely for the purpose of service or repair or the88
116	116	return of the firearm to its owner by the gunsmith; or89
117	117	(8) A temporary transfer if the transferor has no reason to believe that the transferee will90
118	118	use or intends to use the firearm in a crime or that the transferee is not authorized to91
119	119	receive or possess firearms under state or federal law, provided that the transfer of the92
120	120	firearm and the transferee's possession of the firearm occur exclusively:93
121	121	(A) While in the presence of the transferor;94
122	122	(B) At a shooting range or in a shooting gallery or other area designated for the95
123	123	purpose of target shooting; or96 23 LC 39 3507
124	124	H. B. 44
125	125	- 5 -
126	126	(C) While reasonably necessary for the purposes of hunting, trapping, or fishing, if the97
127	127	transferor has no reason to believe that the transferee intends to use the firearm in a98
128	128	place where it is illegal and has reason to believe that the transferee will comply with99
129	129	all licensing and permit requirements for such hunting, trapping, or fishing.100
130	130	(e) A person who knowingly violates any provision of this Code section shall:101
131	131	(1) For a first offense, be guilty of a misdemeanor; or102
132	132	(2) For a second or subsequent offense, be guilty of a felony and, upon conviction, be103
133	133	punished by confinement for not less than one nor more than three years.104
134	134	(f) This Code section shall apply to transfers completed on or after July 1, 2023, and shall105
135	135	not apply to any transfer completed prior to such date."106
136	136	SECTION 3.107
137	137	All laws and parts of laws in conflict with this Act are repealed.108