Georgia 2025-2026 Regular Session

Georgia House Bill HB508 Compare Versions

Only one version of the bill is available at this time.
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11 25 LC 39 4615
22 House Bill 508
33 By: Representatives Jackson of the 68
44 th
55 , Schofield of the 63
66 rd
77 , Davis of the 87
88 th
99 , Bell of the
1010 75
1111 th
1212 , and Myles of the 126
1313 th
1414
1515 A BILL TO BE ENTITLED
1616 AN ACT
1717 To amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia
1818 1
1919 Annotated, relating to carrying and possession of firearms, so as to prohibit the sale, transfer,2
2020 use, possession, importation, or manufacture of certain firearms and magazines; to provide3
2121 for the continued possession of certain firearms and magazines; to provide for exceptions and4
2222 exemptions; to provide for definitions; to provide for findings; to provide for related matters;5
2323 to provide an effective date; to repeal conflicting laws; and for other purposes.6
2424 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
2525 SECTION 1.8
2626 The General Assembly finds that:9
2727 (1) Semiautomatic rifles that accept high-capacity magazines pose a significant threat to10
2828 public safety in that they provide the user of the rifle the ability to fire many rounds of11
2929 ammunition rapidly and thereby harm many people in a short amount of time;12
3030 (2) Such semiautomatic rifles have been used in numerous mass shootings around the13
3131 nation in the recent past, resulting in the death of large numbers of people, many of whom14
3232 were children; and15
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3535 (3) There is a need to limit the ownership, possession, use, manufacture, and importation
3636 16
3737 of such semiautomatic rifles into this state to reduce the danger to the public from further17
3838 mass shootings using such rifles.18
3939 SECTION 2.19
4040 Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated,20
4141 relating to carrying and possession of firearms, is amended by adding a new Code section to21
4242 read as follows:22
4343 "16-11-139.
4444 23
4545 (a) As used in this Code section, the term:24
4646 (1) 'Dealer' shall have the same meaning as set forth in Code Section 16-11-171.25
4747 (2) 'Large capacity ammunition feeding device' means any magazine, clip, drum, belt,26
4848 feed strip, or similar device which is designed to supply or is capable of supplying27
4949 ammunition to a semiautomatic assault weapon and has a capacity in excess of 20 rounds28
5050 of ammunition.29
5151 (3) 'Manufacture' means the construction of the individual components of a30
5252 semiautomatic assault weapon as well as the assembly of such individual components31
5353 into a semiautomatic assault weapon capable of firing ammunition.32
5454 (4) 'Securely stored' means placed in a locked storage container that cannot be readily33
5555 accessed by those without permission or authorization to do so and is equipped with a34
5656 functioning trigger lock which is operated with a key or combination lock that prevents35
5757 the firearm from being discharged while the trigger lock is attached to the firearm.36
5858 (5)(A) 'Semiautomatic assault weapon' means a rifle:37
5959 (i) That uses the energy of an explosive in a fixed, center fire, metal cartridge to38
6060 expel a single projectile through the bore of the rifle for each single pull of the trigger39
6161 and to extract the fired cartridge case and chamber the next round; and40
6262 (ii) Is capable of using a large capacity ammunition feeding device in its operation.41
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6565 (B) Such term shall not include a weapon that uses rimfire ammunition.42
6666 (b) Except as otherwise provided in this Code section, it shall be unlawful to own, possess,43
6767 use, sell, import, or manufacture semiautomatic assault weapons in this state.44
6868 (c) Any semiautomatic assault weapon owned by a person in this state prior to July 1,45
6969 2025, may be retained by the owner if such semiautomatic assault weapon is securely46
7070 stored. Such semiautomatic assault weapon may be sold or transferred by the owner of47
7171 such weapon only if the owner has a criminal background check of the purchaser or48
7272 transferee conducted by a dealer pursuant to the National Instant Criminal Background49
7373 Check System created by the federal Brady Handgun Violence Prevention Act (P.L. No.50
7474 103-159) and such background check indicates that the person is eligible to purchase or51
7575 receive such semiautomatic assault weapon under federal law.52
7676 (d) Except as otherwise provided in this Code section, it shall be unlawful to own, possess,53
7777 use, sell, import, or manufacture a large capacity ammunition feeding device in this state.54
7878 (e) Any large capacity ammunition feeding devices owned by a person in this state prior55
7979 to July 1, 2025, may be retained by the owner; provided, however, that the sale or transfer56
8080 of any such devices shall be prohibited.57
8181 (f) This Code section shall not apply to semiautomatic assault weapons or large capacity58
8282 ammunition feeding devices possessed or owned by:59
8383 (1) A law enforcement agency;60
8484 (2) A peace officer, as such term is defined in paragraph (11) of Code Section 16-1-3,61
8585 so long as such peace officer remains certified, whether employed by the state or a62
8686 political subdivision of the state or by another state or a political subdivision of another63
8787 state;64
8888 (3) A security officer employed by a federally licensed nuclear power facility or a65
8989 licensee of such facility, including a contract security officer, who is trained and qualified66
9090 under a security plan approved by the United States Nuclear Regulatory Commission or67
9191 other federal agency authorized to regulate nuclear facility security; provided, however,68
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9494 that this exemption shall apply only while such security officer is acting in connection69
9595 with his or her official duties on the premises of such nuclear power facility or on70
9696 properties outside the facility property pursuant to a written agreement entered into with71
9797 the local law enforcement agency having jurisdiction over the facility; and72
9898 (4) A peace officer, as such term is defined in paragraph (11) of Code Section 16-1-3,73
9999 who has retired, so long as such retired peace officer remains certified under Chapter 874
100100 of Title 35.75
101101 (g) No person exempt from the provisions of this Code section shall be authorized to sell76
102102 or transfer a semiautomatic assault weapon or large capacity ammunition feeding device77
103103 to any person other than a person exempt from this Code section.78
104104 (h)(1) Any person convicted of a first or second violation of this Code section shall be79
105105 guilty of a misdemeanor and punished by a fine of not more than $250.00 for the first80
106106 offense and not more than $500.00 for the second offense.81
107107 (2) Any person convicted of a third or subsequent violation of this Code section shall be82
108108 guilty of a misdemeanor of a high and aggravated nature, and the sentencing court shall83
109109 be authorized to revoke such person's hunting rights in this state for a length of time84
110110 deemed appropriate by the court.85
111111 (3) Upon conviction of a violation of this Code section, any semiautomatic assault86
112112 weapon or large capacity ammunition feeding device which is the subject of the violation87
113113 shall be declared contraband. Such property shall be subject to civil forfeiture in88
114114 accordance with Chapter 16 of Title 9, the 'Georgia Uniform Civil Forfeiture Procedure89
115115 Act.'"90
116116 SECTION 3.91
117117 This Act shall become effective on July 1, 2025.92
118118 H. B. 508
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120120 SECTION 4.
121121 93
122122 All laws and parts of laws in conflict with this Act are repealed.94
123123 H. B. 508
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