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