| 1 | 1 | | 25 LC 56 0217 |
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| 2 | 2 | | House Bill 1 |
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| 3 | 3 | | By: Representative Au of the 50 |
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| 4 | 4 | | th |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | To amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia |
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| 9 | 9 | | 1 |
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| 10 | 10 | | Annotated, relating to carrying and possession of firearms, so as to establish the offense of2 |
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| 11 | 11 | | making a firearm accessible to a child; to provide for definitions; to provide for exceptions3 |
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| 12 | 12 | | and affirmative defenses; to provide for criminal penalties; to require a notice by certain4 |
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| 13 | 13 | | firearm dealers; to provide for a short title; to provide for related matters; to repeal5 |
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| 14 | 14 | | conflicting laws; and for other purposes.6 |
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| 15 | 15 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 |
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| 16 | 16 | | SECTION 1.8 |
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| 17 | 17 | | This Act shall be known and may be cited as the "Pediatric Health Safe Storage Act."9 |
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| 18 | 18 | | SECTION 2.10 |
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| 19 | 19 | | Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated,11 |
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| 20 | 20 | | relating to carrying and possession of firearms, is amended by adding a new Code section to12 |
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| 21 | 21 | | read as follows:13 |
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| 22 | 22 | | "16-11-132.1. |
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| 23 | 23 | | 14 |
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| 24 | 24 | | (a) As used in this Code section, the term:15 |
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| 25 | 25 | | H. B. 1 |
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| 26 | 26 | | - 1 - 25 LC 56 0217 |
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| 27 | 27 | | (1) 'Child' means a person younger than 18 years of age.16 |
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| 28 | 28 | | (2) 'Dealer' shall have the same meaning as provided for under Code Section 16-11-171.17 |
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| 29 | 29 | | (3) 'Family' means a parent, grandparent, or sibling.18 |
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| 30 | 30 | | (4) 'Readily dischargeable firearm' means a firearm that is loaded with ammunition,19 |
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| 31 | 31 | | whether or not a round is in the chamber.20 |
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| 32 | 32 | | (5) 'Secure' means to take steps that a reasonable person would believe sufficient to21 |
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| 33 | 33 | | prevent the access to a readily dischargeable firearm by a child, including, but not limited22 |
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| 34 | 34 | | to, placing a firearm in a locked container or temporarily rendering the firearm inoperable23 |
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| 35 | 35 | | by a trigger lock or other means.24 |
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| 36 | 36 | | (b) Except where possession of a firearm by a child is lawful under Code Section25 |
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| 37 | 37 | | 16-11-132, a person commits the offense of making a firearm accessible to a child if such26 |
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| 38 | 38 | | child gains access to a readily dischargeable firearm, and the person with criminal27 |
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| 39 | 39 | | negligence:28 |
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| 40 | 40 | | (1) Failed to secure the firearm; or29 |
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| 41 | 41 | | (2) Left the firearm in a place to which the person knew or should have known the child30 |
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| 42 | 42 | | could gain access.31 |
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| 43 | 43 | | (c) It shall be an affirmative defense to prosecution under this Code section that the child's32 |
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| 44 | 44 | | access to the firearm:33 |
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| 45 | 45 | | (1) Was supervised by a person older than 18 years of age and was for hunting, sporting,34 |
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| 46 | 46 | | or other lawful purposes;35 |
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| 47 | 47 | | (2) Consisted of lawful defense by the child of people or property; or36 |
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| 48 | 48 | | (3) Was gained by entering property in violation of the law.37 |
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| 49 | 49 | | (d)(1) Except as provided under paragraph (2) of this subsection, a person convicted38 |
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| 50 | 50 | | pursuant to subsection (b) of this Code section shall be guilty of a misdemeanor.39 |
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| 51 | 51 | | (2) A person convicted pursuant to subsection (b) of this Code section where the child40 |
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| 52 | 52 | | discharges the firearm and causes death or serious bodily injury to himself or herself or41 |
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| 53 | 53 | | another person shall be guilty of a misdemeanor of a high and aggravated nature.42 |
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| 54 | 54 | | H. B. 1 |
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| 55 | 55 | | - 2 - 25 LC 56 0217 |
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| 56 | 56 | | (3) No person who commits a violation of subsection (b) of this Code section shall be43 |
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| 57 | 57 | | arrested before the seventh day after the date on which the offense was committed if:44 |
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| 58 | 58 | | (A) Such person is family of the child who discharged the firearm; and45 |
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| 59 | 59 | | (B) The child, in discharging the firearm, caused the death of or serious injury to such46 |
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| 60 | 60 | | child.47 |
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| 61 | 61 | | (e)(1) A dealer shall post in a conspicuous position on the premises where the dealer48 |
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| 62 | 62 | | conducts business a sign that contains the following warning in block letters not less than49 |
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| 63 | 63 | | one inch in height:50 |
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| 64 | 64 | | 'IT IS UNLAWFUL TO STORE, TRANSPORT, OR ABANDON AN UNSECURED51 |
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| 65 | 65 | | FIREARM IN A PLACE WHERE CHILDREN CAN OBTAIN ACCESS TO THE52 |
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| 66 | 66 | | FIREARM.'53 |
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| 67 | 67 | | (2) A person convicted pursuant to subsection (e) of this Code section shall be guilty of54 |
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| 68 | 68 | | a misdemeanor of a high and aggravated nature."55 |
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| 69 | 69 | | SECTION 3.56 |
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| 70 | 70 | | All laws and parts of laws in conflict with this Act are repealed.57 |
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| 71 | 71 | | H. B. 1 |
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| 72 | 72 | | - 3 - |
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