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Senate Bill 119
By: Senators Parent of the 42nd, Butler of the 55th, Jones II of the 22nd, Harrell of the 40th,
Jackson of the 41st and others
A BILL TO BE ENTITLED
AN ACT
To amend Titles 16 and 19 of the Official Code of Georgia Annotated, relating to crimes and
1
offenses and to domestic relations, respectively, so as to prohibit persons convicted of2
misdemeanor crimes of family violence from receiving, possessing, or transporting a firearm3
and to prohibit persons subject to family violence protective orders from receiving,4
possessing, or transporting a firearm; to provide for definitions; to provide an effective date5
and applicability; to provide for related matters; to repeal conflicting laws; and for other6
purposes.7
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
SECTION 1.9
Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is10
amended in Code Section 16-5-20, relating to simple assault, by revising subsection (e) as11
follows:12
"(e) Upon conviction of simple assault under paragraph (1) of subsection (a) of this Code
13
section, or, if the offense involves a firearm, under paragraph (2) of subsection (a) of this14
Code section, that is committed between past or present spouses, persons who are parents15
of the same child, parents and children, stepparents and stepchildren, foster parents and16
foster children, or other persons living or formerly living in the same household, the court17 23 LC 48 0685
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shall inform the offender orally and in writing that such offender is prohibited from18
receiving, possessing, or transporting a firearm under subsection (b) of Code19
Section 16-11-131, indicate such prohibition on the record of conviction, order such20
offender orally and in writing to transfer any and all firearms in his or her possession or21
control, and ensure transfer is made as provided under subsection (b.1) of Code Section22
16-11-131 Reserved."23
SECTION 2.24
Said title is further amended in Code Section 16-5-23, relating to simple battery, by revising25
subsection (g) as follows:26
"(g) If the offense of simple battery is committed between past or present spouses, persons27
who are parents of the same child, parents and children, stepparents and stepchildren, foster28
parents and foster children, or other persons living or formerly living in the same29
household, the court, upon conviction, shall inform such offender orally and in writing that30
the offender is prohibited from receiving, possessing, or transporting a firearm under31
subsection (b) of Code Section 16-11-131, indicate such prohibition on the record of32
conviction, order such offender orally and in writing to transfer any and all firearms in his33
or her possession or control, and ensure transfer is made as provided under subsection (b.1)34
of Code Section 16-11-131 Reserved."35
SECTION 3.36
Said title is further amended in Code Section 16-5-23.1, relating to battery, by adding a new37
subsection to read as follows:38
"(f.1) If the offense of battery is committed between past or present spouses, persons who39
are parents of the same child, parents and children, stepparents and stepchildren, foster40
parents and foster children, or other persons living or formerly living in the same41
household, the court, upon conviction, shall inform such offender orally and in writing that42 23 LC 48 0685
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such offender is prohibited from receiving, possessing, or transporting a firearm under43
subsection (b) of Code Section 16-11-131, indicate such prohibition on the record of44
conviction, order such offender orally and in writing to transfer any and all firearms in his45
or her possession or control, and ensure transfer is made as provided under subsection (b.1)46
of Code Section 16-11-131."47
SECTION 4.48
Said title is further amended by revising Code Section 16-11-102, relating to pointing or49
aiming a gun or pistol at another, as follows:50
"16-11-102.51
(a) A person is guilty of a misdemeanor when he or she intentionally and without legal52
justification points or aims a gun or pistol at another, whether the gun or pistol is loaded53
or unloaded.54
(b) If the offense of pointing or aiming a gun or pistol at another is committed between55
past or present spouses, persons who are parents of the same child, parents and children,56
stepparents and stepchildren, foster parents and foster children, or other persons living or57
formerly living in the same household, the court, upon conviction, shall inform such58
offender orally and in writing that such offender is prohibited from receiving, possessing,59
or transporting a firearm under subsection (b) of Code Section 16-11-131, indicate the60
prohibition on the record of conviction, order such offender orally and in writing to transfer61
any and all firearms in his or her possession or control, and ensure transfer is made as62
provided under subsection (b.1) of Code Section 16-11-131."63
SECTION 5.64
Said title is further amended in Code Section 16-11-131, relating to possession of firearms65
by convicted felons and first offender probationers, by revising subsections (a), (b), and (b.1)66
and by adding a new subsection to read as follows:67 23 LC 48 0685
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"16-11-131.
68
(a) As used in this Code section, the term:69
(1) 'Family violence protective order' means an order issued under Code Section 19-13-4
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or an equivalent order in this state or elsewhere that was issued after the restrained person71
received notice of the proceedings and an opportunity to be heard.72
(1)(2) 'Felony' means any offense punishable by imprisonment for a term of one year or73
more and includes conviction by a court-martial under the Uniform Code of Military74
Justice for an offense which would constitute a felony under the laws of the United75
States.76
(2)(3) 'Firearm' includes any a handgun, rifle, shotgun, or other weapon which will or77
can be converted to expel a projectile by the action of an explosive or electrical charge.78
(4) 'Misdemeanor crime of family violence' means any offense provided for under Code79
Section 16-5-20, 16-5-23, 16-5-23.1, or 16-11-102 that:80
(A) Is committed between past or present spouses, persons who are parents of the same81
child, parents and children, stepparents and stepchildren, foster parents and foster82
children, or other persons living in or formerly living in the same household; and83
(B) Involves the use or attempted use of physical force or the use or threatened use of84
a firearm.85
(b) Any person who is on probation as a felony first offender pursuant to Article 3 of86
Chapter 8 of Title 42, who is on probation and was sentenced for a felony under subsection87
(a) or (c) of Code Section 16-13-2, or who is subject to a family violence protective order,88
or who has been convicted of a misdemeanor offense of family violence, or a felony by a89
court of this state or any other state; by a court of the United States including its territories,90
possessions, and dominions; or by a court of any foreign nation and who receives,91
possesses, or transports any a firearm commits a felony and, upon conviction thereof, shall92
be imprisoned for not less than one year nor more than ten years; provided, however, that93
upon a second or subsequent conviction, such person shall be imprisoned for not less than94 23 LC 48 0685
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five nor more than ten years; provided, further, that if the felony for which the person is on
95
probation or has been previously convicted is a forcible felony, then upon conviction of96
receiving, possessing, or transporting a firearm, such person shall be imprisoned for a97
period of five years.98
(b.1)(1) Upon entering a conviction for a misdemeanor crime of family violence, a court
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shall immediately:100
(A) Inform such offender orally and in writing that, pursuant to subsection (b) of this101
Code section, the offender shall not receive, possess, or transport any firearm;102
(B) Order such offender orally and in writing to surrender all firearms in the offender's103
possession, within 24 hours of the order to a federally licensed firearms dealer;104
(C) Provide such offender the opportunity to attest orally and in writing that he or she105
at the time of the conviction, has no firearms in his or her possession or control; and106
(D) If such offender does not attest orally and in writing as provided in107
subparagraph (C) of this paragraph, schedule a hearing to occur within 72 hours, during108
which time the offender shall either:109
(i) Present a receipt showing that any firearms in the offender's possession or control110
at the time of conviction were physically surrendered to a federally licensed firearms111
dealer and attest orally and in writing that such firearms have been physically112
surrendered to a federally licensed firearms dealer and that the offender, at the time113
of the hearing, has no firearms in the offender's possession or control; or114
(ii) Attest orally and in writing that the offender, at the time of the conviction, had115
no firearms in his or her possession or control and, at the time of the hearing, has no116
firearm in his or her possession or control.117
(2) An offender transporting a firearm to surrender in accordance with this subsection118
shall not be subject to prosecution under subsection (b) of this Code section.119
(b.2) Any person who is prohibited by this Code section from possessing a firearm because120
of conviction of a forcible felony or because of being on probation as a first offender or121 23 LC 48 0685
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under conditional discharge for a forcible felony and who attempts to purchase or obtain
122
transfer of a firearm shall be guilty of a felony and upon conviction shall be punished by123
imprisonment for not less than one year nor more than five years; provided, however, that124
upon a second or subsequent conviction, such person shall be punished by imprisonment125
for not less than five nor more than ten years."126
SECTION 6.127
Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is128
amended in Code Section 19-13-4, relating to family violence protective orders and consent129
agreements, by adding a new subsection to read as follows:130
"(a.1)(1) An order issued pursuant to subsection (a) of this Code section that was granted
131
after notice was provided to the respondent and after such respondent was given an132
opportunity to be heard shall prohibit such respondent from receiving, possessing, or133
transporting a firearm. Upon issuance of such an order a court shall immediately:134
(A) Inform such respondent in writing that, pursuant to subsection (b) of Code135
Section 16-11-131, the offender shall not receive, possess, or transport a firearm;136
(B) Order such respondent in writing to surrender all firearms in his or her possession137
within 24 hours of the order to a federally licensed firearms dealer;138
(C) If such respondent is present at the time the order is issued, provide him or her the139
opportunity to attest orally and in writing that her or she, at the time of the issuance of140
the protective order, has no firearms in his or her possession or control; and141
(D) If such respondent does not attest orally and in writing as provided in142
subparagraph (C) of this paragraph, schedule a hearing to occur within 72 hours, during143
which time the respondent shall either:144
(i) Present a receipt showing that a firearm in his or her possession or control at the145
time the order was issued was physically surrendered to a federally licensed firearms146
dealer and attest orally and in writing that a firearm in the respondent's possession or147 23 LC 48 0685
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control at the time the protective order was issued has been physically surrendered to148
a federally licensed firearms dealer and that the respondent, at the time of the hearing,149
has no firearm in his or her possession or control; or150
(ii) Attest orally and in writing that the respondent, at the time the protective order151
was issued, had no firearm in his or her possession or control and, at the time of the152
hearing, has no firearm in his or her possession or control.153
(2) A respondent transporting a firearm to surrender in accordance with this subsection154
shall not be subject to prosecution under subsection (b) of Code Section 16-11-131."155
SECTION 7.156
This Act shall become effective on July 1, 2023, and shall apply to any conviction or157
protective order issued on or after such date.158
SECTION 8.159
All laws and parts of laws in conflict with this Act are repealed.160