Georgia 2025-2026 Regular Session

Georgia House Bill HB508 Latest Draft

Bill / Introduced Version Filed 02/20/2025

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