| 1 | 1 | | 25 LC 39 4452ER |
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| 2 | 2 | | House Bill 120 |
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| 3 | 3 | | By: Representatives Byrd of the 20 |
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| 4 | 4 | | th |
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| 5 | 5 | | and Kahaian of the 81 |
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| 6 | 6 | | st |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | To amend Code Section 16-11-173 of the Official Code of Georgia Annotated, relating to |
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| 11 | 11 | | 1 |
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| 12 | 12 | | preemption of local regulation and lawsuits relative to firearms, ammunition, and other2 |
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| 13 | 13 | | weapons, so as to provide for a definition; to prohibit the enforcement of federal and other3 |
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| 14 | 14 | | extreme risk protection orders in this state; to prohibit the acceptance of federal funds4 |
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| 15 | 15 | | relating to extreme risk protection orders; to provide for applicability; to provide for cause5 |
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| 16 | 16 | | of action and venue; to provide for civil monetary penalty; to provide for hearings; to6 |
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| 17 | 17 | | authorize action by the Attorney General; to waive sovereign immunity; to provide for7 |
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| 18 | 18 | | related matters; to repeal conflicting laws; and for other purposes.8 |
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| 19 | 19 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9 |
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| 20 | 20 | | SECTION 1.10 |
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| 21 | 21 | | Code Section 16-11-173 of the Official Code of Georgia Annotated, relating to preemption11 |
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| 22 | 22 | | of local regulation and lawsuits relative to firearms, ammunition, and other weapons, is12 |
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| 23 | 23 | | amended by adding a new subsection to read as follows:13 |
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| 24 | 24 | | H. B. 120 |
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| 25 | 25 | | - 1 - 25 LC 39 4452ER |
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| 26 | 26 | | "(b.1)(1) As used in this subsection, the term 'extreme risk protection order' means:14 |
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| 27 | 27 | | (A) Any gun control law, order, or measure that directs the temporary or permanent15 |
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| 28 | 28 | | seizure of any firearm, firearm accessory, or ammunition of an individual without the16 |
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| 29 | 29 | | adjudication of a contested court case; or17 |
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| 30 | 30 | | (B) Any federal or state statute, federal or state rule, federal or state executive order,18 |
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| 31 | 31 | | or any federal or state judicial order or finding that:19 |
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| 32 | 32 | | (i) Prohibits a Georgia citizen from owning, possessing, transporting, transferring,20 |
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| 33 | 33 | | or receiving any firearm, firearm accessory, or ammunition unless the individual has21 |
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| 34 | 34 | | been convicted of a violent felony crime or is otherwise prohibited by state law from22 |
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| 35 | 35 | | possessing a firearm; or23 |
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| 36 | 36 | | (ii) Orders the removal or requires the surrender of any firearm, firearm accessory,24 |
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| 37 | 37 | | or ammunition from a Georgia citizen unless the individual has been convicted of a25 |
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| 38 | 38 | | violent felony or is otherwise prohibited by state law from possessing a firearm.26 |
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| 39 | 39 | | (2) Any federal order of protection, other judicial order issued by a federal court, or27 |
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| 40 | 40 | | federal executive order that is an extreme risk protection order or otherwise directs the28 |
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| 41 | 41 | | confiscation of any firearm, firearm accessory, or ammunition from any law-abiding29 |
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| 42 | 42 | | citizen within the borders of this state shall not be enforced in this state by any state30 |
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| 43 | 43 | | agency, political subdivision, or state or local law enforcement agency.31 |
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| 44 | 44 | | (3) No state agency, political subdivision, or state or local law enforcement agency shall32 |
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| 45 | 45 | | receive any federal moneys for the purpose of enforcing any federal statute, federal rule,33 |
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| 46 | 46 | | federal executive order, or federal judicial order or findings for the purpose of enforcing34 |
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| 47 | 47 | | any state statute, state rule, state executive order, or state judicial order or findings that35 |
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| 48 | 48 | | would have the effect of enforcing an extreme risk protection order against a Georgia36 |
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| 49 | 49 | | citizen.37 |
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| 50 | 50 | | (4) No state entity or employee thereof, political subdivision or employee thereof, or38 |
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| 51 | 51 | | other entity or person shall have the authority to enforce or attempt to enforce an extreme39 |
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| 52 | 52 | | H. B. 120 |
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| 53 | 53 | | - 2 - 25 LC 39 4452ER |
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| 54 | 54 | | risk protection order regardless of the extreme risk protection order's origin or the40 |
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| 55 | 55 | | authority of the issuing entity.41 |
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| 56 | 56 | | (5) Nothing in this subsection shall apply to any agent of the federal government42 |
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| 57 | 57 | | enforcing a federal law or federal order or be construed to prohibit Georgia officials from43 |
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| 58 | 58 | | accepting aid from federal officials in an effort to enforce Georgia laws.44 |
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| 59 | 59 | | (6) A political subdivision or state or local law enforcement agency that employs a law45 |
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| 60 | 60 | | enforcement officer who knowingly acts to violate this subsection and enforce an extreme46 |
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| 61 | 61 | | risk protection order under the color of any federal or state statute, federal or state rule,47 |
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| 62 | 62 | | federal or state executive order, or federal or state judicial order or finding shall be liable48 |
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| 63 | 63 | | to the party against whom the extreme risk protection order was enforced in an action at49 |
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| 64 | 64 | | law, suit in equity, or other proper proceeding for redress and shall be subject to a civil50 |
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| 65 | 65 | | penalty of $50,000.00 per occurrence.51 |
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| 66 | 66 | | (7) Any person injured under this subsection shall have standing to pursue an action for52 |
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| 67 | 67 | | injunctive relief in the superior court of the county in which the action allegedly occurred.53 |
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| 68 | 68 | | The Attorney General shall also have standing to bring an action to enforce the provisions54 |
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| 69 | 69 | | of this subsection.55 |
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| 70 | 70 | | (8) The court shall hold a hearing on any motion for a temporary restraining order or56 |
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| 71 | 71 | | preliminary injunction within 30 days of service of a petition for the same.57 |
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| 72 | 72 | | (9) In an action brought under this subsection by a party against whom an extreme risk58 |
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| 73 | 73 | | protection order was enforced, a court may order injunctive or other equitable relief,59 |
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| 74 | 74 | | recovery of damages, other legal remedies, and payment of reasonable attorney's fees,60 |
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| 75 | 75 | | costs, and expenses of the party. The relief and remedies set forth in this paragraph shall61 |
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| 76 | 76 | | not be deemed exclusive and shall be in addition to any other relief or remedies permitted62 |
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| 77 | 77 | | by law. The court may award the prevailing party, if not the state of Georgia or a63 |
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| 78 | 78 | | political subdivision thereof, reasonable attorney's fees and costs.64 |
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| 79 | 79 | | (10) Sovereign immunity shall not be an affirmative defense to any action brought under65 |
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| 80 | 80 | | this subsection."66 |
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| 81 | 81 | | H. B. 120 |
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| 82 | 82 | | - 3 - 25 LC 39 4452ER |
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| 83 | 83 | | SECTION 2. |
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| 84 | 84 | | 67 |
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| 85 | 85 | | All laws and parts of laws in conflict with this Act are repealed.68 |
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| 86 | 86 | | H. B. 120 |
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| 87 | 87 | | - 4 - |
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