1 | 1 | | 25 LC 39 4615 |
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2 | 2 | | House Bill 508 |
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3 | 3 | | By: Representatives Jackson of the 68 |
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4 | 4 | | th |
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5 | 5 | | , Schofield of the 63 |
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6 | 6 | | rd |
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7 | 7 | | , Davis of the 87 |
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8 | 8 | | th |
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9 | 9 | | , Bell of the |
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10 | 10 | | 75 |
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11 | 11 | | th |
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12 | 12 | | , and Myles of the 126 |
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13 | 13 | | th |
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14 | 14 | | |
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15 | 15 | | A BILL TO BE ENTITLED |
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16 | 16 | | AN ACT |
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17 | 17 | | To amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia |
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18 | 18 | | 1 |
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19 | 19 | | Annotated, relating to carrying and possession of firearms, so as to prohibit the sale, transfer,2 |
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20 | 20 | | use, possession, importation, or manufacture of certain firearms and magazines; to provide3 |
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21 | 21 | | for the continued possession of certain firearms and magazines; to provide for exceptions and4 |
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22 | 22 | | exemptions; to provide for definitions; to provide for findings; to provide for related matters;5 |
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23 | 23 | | to provide an effective date; to repeal conflicting laws; and for other purposes.6 |
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24 | 24 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 |
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25 | 25 | | SECTION 1.8 |
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26 | 26 | | The General Assembly finds that:9 |
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27 | 27 | | (1) Semiautomatic rifles that accept high-capacity magazines pose a significant threat to10 |
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28 | 28 | | public safety in that they provide the user of the rifle the ability to fire many rounds of11 |
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29 | 29 | | ammunition rapidly and thereby harm many people in a short amount of time;12 |
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30 | 30 | | (2) Such semiautomatic rifles have been used in numerous mass shootings around the13 |
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31 | 31 | | nation in the recent past, resulting in the death of large numbers of people, many of whom14 |
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32 | 32 | | were children; and15 |
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33 | 33 | | H. B. 508 |
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34 | 34 | | - 1 - 25 LC 39 4615 |
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35 | 35 | | (3) There is a need to limit the ownership, possession, use, manufacture, and importation |
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36 | 36 | | 16 |
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37 | 37 | | of such semiautomatic rifles into this state to reduce the danger to the public from further17 |
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38 | 38 | | mass shootings using such rifles.18 |
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39 | 39 | | SECTION 2.19 |
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40 | 40 | | Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated,20 |
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41 | 41 | | relating to carrying and possession of firearms, is amended by adding a new Code section to21 |
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42 | 42 | | read as follows:22 |
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43 | 43 | | "16-11-139. |
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44 | 44 | | 23 |
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45 | 45 | | (a) As used in this Code section, the term:24 |
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46 | 46 | | (1) 'Dealer' shall have the same meaning as set forth in Code Section 16-11-171.25 |
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47 | 47 | | (2) 'Large capacity ammunition feeding device' means any magazine, clip, drum, belt,26 |
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48 | 48 | | feed strip, or similar device which is designed to supply or is capable of supplying27 |
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49 | 49 | | ammunition to a semiautomatic assault weapon and has a capacity in excess of 20 rounds28 |
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50 | 50 | | of ammunition.29 |
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51 | 51 | | (3) 'Manufacture' means the construction of the individual components of a30 |
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52 | 52 | | semiautomatic assault weapon as well as the assembly of such individual components31 |
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53 | 53 | | into a semiautomatic assault weapon capable of firing ammunition.32 |
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54 | 54 | | (4) 'Securely stored' means placed in a locked storage container that cannot be readily33 |
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55 | 55 | | accessed by those without permission or authorization to do so and is equipped with a34 |
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56 | 56 | | functioning trigger lock which is operated with a key or combination lock that prevents35 |
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57 | 57 | | the firearm from being discharged while the trigger lock is attached to the firearm.36 |
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58 | 58 | | (5)(A) 'Semiautomatic assault weapon' means a rifle:37 |
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59 | 59 | | (i) That uses the energy of an explosive in a fixed, center fire, metal cartridge to38 |
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60 | 60 | | expel a single projectile through the bore of the rifle for each single pull of the trigger39 |
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61 | 61 | | and to extract the fired cartridge case and chamber the next round; and40 |
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62 | 62 | | (ii) Is capable of using a large capacity ammunition feeding device in its operation.41 |
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63 | 63 | | H. B. 508 |
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64 | 64 | | - 2 - 25 LC 39 4615 |
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65 | 65 | | (B) Such term shall not include a weapon that uses rimfire ammunition.42 |
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66 | 66 | | (b) Except as otherwise provided in this Code section, it shall be unlawful to own, possess,43 |
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67 | 67 | | use, sell, import, or manufacture semiautomatic assault weapons in this state.44 |
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68 | 68 | | (c) Any semiautomatic assault weapon owned by a person in this state prior to July 1,45 |
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69 | 69 | | 2025, may be retained by the owner if such semiautomatic assault weapon is securely46 |
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70 | 70 | | stored. Such semiautomatic assault weapon may be sold or transferred by the owner of47 |
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71 | 71 | | such weapon only if the owner has a criminal background check of the purchaser or48 |
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72 | 72 | | transferee conducted by a dealer pursuant to the National Instant Criminal Background49 |
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73 | 73 | | Check System created by the federal Brady Handgun Violence Prevention Act (P.L. No.50 |
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74 | 74 | | 103-159) and such background check indicates that the person is eligible to purchase or51 |
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75 | 75 | | receive such semiautomatic assault weapon under federal law.52 |
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76 | 76 | | (d) Except as otherwise provided in this Code section, it shall be unlawful to own, possess,53 |
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77 | 77 | | use, sell, import, or manufacture a large capacity ammunition feeding device in this state.54 |
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78 | 78 | | (e) Any large capacity ammunition feeding devices owned by a person in this state prior55 |
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79 | 79 | | to July 1, 2025, may be retained by the owner; provided, however, that the sale or transfer56 |
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80 | 80 | | of any such devices shall be prohibited.57 |
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81 | 81 | | (f) This Code section shall not apply to semiautomatic assault weapons or large capacity58 |
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82 | 82 | | ammunition feeding devices possessed or owned by:59 |
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83 | 83 | | (1) A law enforcement agency;60 |
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84 | 84 | | (2) A peace officer, as such term is defined in paragraph (11) of Code Section 16-1-3,61 |
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85 | 85 | | so long as such peace officer remains certified, whether employed by the state or a62 |
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86 | 86 | | political subdivision of the state or by another state or a political subdivision of another63 |
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87 | 87 | | state;64 |
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88 | 88 | | (3) A security officer employed by a federally licensed nuclear power facility or a65 |
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89 | 89 | | licensee of such facility, including a contract security officer, who is trained and qualified66 |
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90 | 90 | | under a security plan approved by the United States Nuclear Regulatory Commission or67 |
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91 | 91 | | other federal agency authorized to regulate nuclear facility security; provided, however,68 |
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92 | 92 | | H. B. 508 |
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94 | 94 | | that this exemption shall apply only while such security officer is acting in connection69 |
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95 | 95 | | with his or her official duties on the premises of such nuclear power facility or on70 |
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96 | 96 | | properties outside the facility property pursuant to a written agreement entered into with71 |
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97 | 97 | | the local law enforcement agency having jurisdiction over the facility; and72 |
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98 | 98 | | (4) A peace officer, as such term is defined in paragraph (11) of Code Section 16-1-3,73 |
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99 | 99 | | who has retired, so long as such retired peace officer remains certified under Chapter 874 |
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100 | 100 | | of Title 35.75 |
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101 | 101 | | (g) No person exempt from the provisions of this Code section shall be authorized to sell76 |
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102 | 102 | | or transfer a semiautomatic assault weapon or large capacity ammunition feeding device77 |
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103 | 103 | | to any person other than a person exempt from this Code section.78 |
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104 | 104 | | (h)(1) Any person convicted of a first or second violation of this Code section shall be79 |
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105 | 105 | | guilty of a misdemeanor and punished by a fine of not more than $250.00 for the first80 |
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106 | 106 | | offense and not more than $500.00 for the second offense.81 |
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107 | 107 | | (2) Any person convicted of a third or subsequent violation of this Code section shall be82 |
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108 | 108 | | guilty of a misdemeanor of a high and aggravated nature, and the sentencing court shall83 |
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109 | 109 | | be authorized to revoke such person's hunting rights in this state for a length of time84 |
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110 | 110 | | deemed appropriate by the court.85 |
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111 | 111 | | (3) Upon conviction of a violation of this Code section, any semiautomatic assault86 |
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112 | 112 | | weapon or large capacity ammunition feeding device which is the subject of the violation87 |
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113 | 113 | | shall be declared contraband. Such property shall be subject to civil forfeiture in88 |
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114 | 114 | | accordance with Chapter 16 of Title 9, the 'Georgia Uniform Civil Forfeiture Procedure89 |
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115 | 115 | | Act.'"90 |
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116 | 116 | | SECTION 3.91 |
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117 | 117 | | This Act shall become effective on July 1, 2025.92 |
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118 | 118 | | H. B. 508 |
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120 | 120 | | SECTION 4. |
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121 | 121 | | 93 |
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122 | 122 | | All laws and parts of laws in conflict with this Act are repealed.94 |
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123 | 123 | | H. B. 508 |
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124 | 124 | | - 5 - |
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