Georgia 2025-2026 Regular Session

Georgia House Bill HB601 Compare Versions

Only one version of the bill is available at this time.
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11 25 LC 56 0294
22 House Bill 601
33 By: Representatives Jackson of the 68
44 th
55 , Au of the 50
66 th
77 , Mitchell of the 88
88 th
99 , Draper of the
1010 90
1111 th
1212 , and Sanchez of the 42
1313 nd
1414
1515 A BILL TO BE ENTITLED
1616 AN ACT
1717 To amend Article 4 of Chapter 11 of Title 16, Chapter 8 of Title 35, and Article 2 of Chapter
1818 1
1919 3 of Title 38 of the Official Code of Georgia Annotated, relating to dangerous2
2020 instrumentalities and practices, the employment and training of peace officers, and3
2121 organization and administration relative to emergency management, respectively, so as to4
2222 broadly increase the regulation surrounding gun sales and ownership; to provide for the5
2323 offense of selling or furnishing handguns or long guns to minors; to prohibit parents or legal6
2424 guardians from permitting the possession of handguns or long guns by a minor in certain7
2525 circumstances; to provide for exceptions; to provide for the offense of the possession of a8
2626 large capacity magazine or a firearm produced by means of 3D printing; to provide for9
2727 circumstances under which individuals who are not licensed to carry a weapon may transport10
2828 such weapon; to provide a time frame for new residents of the state to obtain a weapons carry11
2929 license; to provide for school safety zones to extend 500 yards from school premises; to12
3030 require weapons carry licenses to be renewed each year; to reduce the fee for weapons carry13
3131 licenses; to provide for certain conditions to obtain or renew a weapons carry license,14
3232 including for active service members; to prohibit anyone under the age of 16 years from15
3333 possessing or controlling a handgun or long gun; to provide for anyone under the age of 1816
3434 years from possessing or controlling a handgun or long gun without parental or guardian17
3535 supervision or in certain circumstances; to require individuals who are carrying a weapon to18
3636 H. B. 601
3737 - 1 - 25 LC 56 0294
3838 have a weapons carry license on their person; to provide for the establishment of the Georgia
3939 19
4040 Firearms Registry; to require the registration of all firearms sales and transfers in this state20
4141 after a certain date; to require certain information to be entered into the Georgia Firearms21
4242 Registry; to provide for requirements for safe storage of a firearm in a vehicle; to provide for22
4343 requirements for safe storage of firearms when the owner is not present on the premises; to23
4444 provide for exceptions; to provide for safe storage of firearms when access by a child is24
4545 reasonably likely; to require ammunition be stored separately from firearms; to subject all25
4646 transfers or purchases of firearms at gun shows to the National Instant Criminal Background26
4747 Check System; to provide for facilitation by licensed dealers; to prohibit sales of firearms to27
4848 individuals under the age of 21; to require a five-day waiting period to complete transactions28
4949 for firearms to individuals under the age of 27; to prohibit the sale or transfer by certain29
5050 dealers of assault weapons in this state until a certain date; to prohibit the certification or30
5151 hiring of any individual as a peace officer who has been terminated for misconduct related31
5252 to any previous employment as a peace officer; to provide for exceptions; to provide for32
5353 violations, penalties, and fines; to provide for definitions; to provide for conforming changes;33
5454 to provide for related matters; to provide for a short title; to repeal conflicting laws; and for34
5555 other purposes.35
5656 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:36
5757 SECTION 1.37
5858 This Act shall be known and may be cited as the "Georgia Gun Safe Act of 2025."38
5959 SECTION 2.39
6060 Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to40
6161 dangerous instrumentalities and practices, is amended in Part 1, relating to general41
6262 H. B. 601
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6464 provisions, by revising Code Section 16-11-101.1, relating to furnishing pistol or revolver
6565 42
6666 to person under the age of 18 years, as follows:43
6767 "16-11-101.1.44
6868 (a) For the purposes of
6969 As used in this Code section, the term:45
7070 (1) 'Handgun' shall have the same meaning as set forth in Code Section 16-11-125.1.46
7171 (2) 'Long gun' shall have the same meaning as set forth in Code Section 16-11-125.1.47
7272 (3) 'Minor' means any person under the age of 18 years.48
7373 (2) 'Pistol or revolver' means a handgun as defined in Code Section 16-11-125.1.49
7474 (b) It shall be unlawful for a person to intentionally, knowingly, or recklessly to sell or50
7575 furnish a pistol or revolver handgun or long gun to a minor, except that it shall be lawful51
7676 for a parent or legal guardian to permit possession of a pistol or revolver handgun or long52
7777 gun by a minor for the purposes specified in subsection (c) (d) of Code Section 16-11-13253
7878 unless otherwise expressly limited by subsection (c) of this Code section.54
7979 (c)(1) It shall be unlawful for a parent or legal guardian to permit possession of a pistol55
8080 or revolver handgun or long gun by a minor if the parent or legal guardian knows of a56
8181 minor's conduct which violates the provisions of Code Section 16-11-132 and fails to57
8282 make reasonable efforts to prevent any such violation of Code Section 16-11-132.58
8383 (2) Notwithstanding any provisions of subsection (c) (d) of Code Section 16-11-132 or59
8484 any other law to the contrary, it shall be unlawful for any parent or legal guardian to60
8585 intentionally, knowingly, or recklessly to furnish to or permit a minor to possess a pistol61
8686 or revolver handgun or long gun if such parent or legal guardian is aware of a substantial62
8787 risk that such minor will use a pistol or revolver to commit a felony offense or if such63
8888 parent or legal guardian who is aware of such substantial risk fails to make reasonable64
8989 efforts to prevent commission of the offense by the minor.65
9090 (3) In addition to any other act which violates this subsection, a parent or legal guardian66
9191 shall be deemed to have violated this subsection if such parent or legal guardian furnishes67
9292 to or permits possession of a pistol or revolver handgun or long gun by any minor who68
9393 H. B. 601
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9595 has been convicted of a forcible felony or forcible misdemeanor, as defined in Code
9696 69
9797 Section 16-1-3, or who has been adjudicated for committing a delinquent act under the70
9898 provisions of Article 6 of Chapter 11 of Title 15 for an offense which would constitute71
9999 a forcible felony or forcible misdemeanor, as defined in Code Section 16-1-3, if such72
100100 minor were an adult.73
101101 (d) Upon conviction of a violation of subsection (b) or (c) of this Code section, a person74
102102 shall be guilty of a felony and punished by a fine not to exceed $5,000.00 or by75
103103 imprisonment for not less than three nor more than five years, or both."76
104104 SECTION 3.77
105105 Said article is further amended in said part by adding a new Code section to read as follows:78
106106 "16-11-114.
107107 79
108108 (a) As used in this Code section, the term '3D printed firearm' means any weapon produced80
109109 by means of three-dimensional printing from computer-aided design files which is designed81
110110 or intended to propel a missile of any kind and which is not produced subject to a license82
111111 from the Bureau of Alcohol, Tobacco, Firearms and Explosives of the United States83
112112 Department of Justice for the manufacture of firearms.84
113113 (b) It shall be unlawful to print or to produce a 3D printed firearm in this state.85
114114 (c) Any person that violates this Code section shall commit the offense of possessing a 3D86
115115 printed firearm and upon conviction thereof, shall be punished by imprisonment for a87
116116 period of five years."88
117117 SECTION 4.89
118118 Said article is further amended by revising Part 2, relating to possession of dangerous90
119119 weapons, as follows:91
120120 H. B. 601
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122122 "Part 2
123123 92
124124 16-11-120.93
125125 This part shall be known and may be cited as the 'Georgia Firearms and Weapons Act.'94
126126 16-11-121.95
127127 As used in this part, the term:96
128128 (1) '3D printed firearm' means any weapon produced by means of three-dimensional
129129 97
130130 printing from computer-aided design files which is designed or intended to propel a98
131131 missile of any kind and which is not produced subject to a license from the Bureau of99
132132 Alcohol, Tobacco, Firearms and Explosives of the United States Department of Justice100
133133 for the manufacture of firearms.101
134134 (2) 'Dangerous weapon' means any weapon commonly known as a 'rocket launcher,'102
135135 'bazooka,' or 'recoilless rifle' rocket launcher, bazooka, or recoilless rifle which fires103
136136 explosive or nonexplosive rockets designed to injure or kill personnel or destroy heavy104
137137 armor, or similar weapon used for such purpose. The Such term shall also mean a105
138138 weapon commonly known as a 'mortar' mortar which fires high explosive from a metallic106
139139 cylinder and which is commonly used by the armed forces as an antipersonnel weapon107
140140 or similar weapon used for such purpose. The Such term shall also mean a weapon108
141141 commonly known as a 'hand grenade' hand grenade or other similar weapon which is109
142142 designed to explode and injure personnel or similar weapon used for such purpose.110
143143 (3) 'Large capacity magazine' means any ammunition feeding device with the capacity111
144144 to accept more than sixteen rounds of ammunition; provided, however, that such term112
145145 shall not include:113
146146 (A) A feeding device that has been permanently altered so that it cannot accommodate114
147147 more than ten rounds; or115
148148 (B) A tubular magazine that is contained in a lever-action firearm.116
149149 H. B. 601
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151151 (2)(4) 'Machine gun' means any weapon which shoots or is designed to shoot,117
152152 automatically, more than six shots, without manual reloading, by a single function of the118
153153 trigger.119
154154 (3)(5) 'Person' means any individual, partnership, company, association, or corporation.120
155155 (4)(6) 'Sawed-off rifle' means a weapon designed or redesigned, made or remade, and121
156156 intended to be fired from the shoulder; and designed or redesigned, made or remade, to122
157157 use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile123
158158 through a rifle bore for each single pull of the trigger; and which has a barrel or barrels124
159159 of less than 16 inches in length or has an overall length of less than 26 inches.125
160160 (5)(7) 'Sawed-off shotgun' means a shotgun or any weapon made from a shotgun whether126
161161 by alteration, modification, or otherwise having one or more barrels less than 18 inches127
162162 in length or if such weapon as modified has an overall length of less than 26 inches.128
163163 (6)(8) 'Shotgun' means a weapon designed or redesigned, made or remade, and intended129
164164 to be fired from the shoulder; and designed or redesigned, and made or remade, to use the130
165165 energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a131
166166 number of ball shot or a single projectile for each single pull of the trigger.132
167167 (7)(9) 'Silencer' means any device for silencing or diminishing the report of any portable133
168168 weapon such as a rifle, carbine, pistol, revolver, machine gun, shotgun, fowling piece, or134
169169 other device from which a shot, bullet, or projectile may be discharged by an explosive.135
170170 16-11-122.136
171171 No person shall have in his or her possession any 3D printed firearm, sawed-off shotgun,137
172172 sawed-off rifle, machine gun, large capacity magazine, dangerous weapon, or silencer138
173173 except as provided in Code Section 16-11-124.139
174174 H. B. 601
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176176 16-11-123.
177177 140
178178 A person commits the offense of unlawful possession of firearms or weapons when he or141
179179 she knowingly has in his or her possession any 3D printed firearm,
180180 sawed-off shotgun,142
181181 sawed-off rifle, machine gun, large capacity magazine, dangerous weapon, or silencer, and,143
182182 upon conviction thereof, he or she shall be punished by imprisonment for a period of five144
183183 years.145
184184 16-11-124.146
185185 This part shall not apply to:147
186186 (1) A peace officer of any duly authorized police agency of this state or of any political148
187187 subdivision thereof, or a law enforcement officer of any department or agency of the149
188188 United States who is regularly employed and paid by the United States, this state, or any150
189189 such political subdivision, or an employee of the Department of Corrections of this state151
190190 who is authorized in writing by the commissioner of corrections to transfer or possess152
191191 such firearms while in the official performance of his or her duties;153
192192 (2) A member of the National Guard or of the armed forces of the United States,154
193193 including to wit: the army, navy, marine corps, air force, space force, or coast guard who,155
194194 while serving therein, possesses such firearm in the line of duty;156
195195 (3) Any 3D printed firearm, sawed-off shotgun, sawed-off rifle, machine gun, large157
196196 capacity magazine, dangerous weapon, or silencer which has been modified or changed158
197197 to the extent that it is inoperative. Examples of the requisite modification include159
198198 weapons with their barrel or barrels filled with lead, hand grenades filled with sand, or160
199199 other nonexplosive materials;161
200200 (4) Possession of a sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon,162
201201 or silencer by a person who is authorized to possess the same because he or she has163
202202 registered the 3D printed firearm, sawed-off shotgun, sawed-off rifle, machine gun, large164
203203 H. B. 601
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205205 capacity magazine, dangerous weapon, or silencer in accordance with the dictates of the165
206206 National Firearms Act, 68A Stat. 725 (26 U.S.C. Sections 5841-5862); and166
207207 (5) A security officer employed by a federally licensed nuclear power facility or a167
208208 licensee of such facility, including a contract security officer, who is trained and qualified168
209209 under a security plan approved by the United States Nuclear Regulatory Commission or169
210210 other federal agency authorized to regulate nuclear facility security; provided, however,170
211211 that this exemption shall apply only while such security officer is acting in connection171
212212 with his or her official duties on the premises of such nuclear power facility or on172
213213 properties outside the facility property pursuant to a written agreement entered into with173
214214 the local law enforcement agency having jurisdiction over the facility. The exemption174
215215 under this paragraph does not include the possession of silencers.175
216216 16-11-125.176
217217 In any complaint, accusation, or indictment and in any action or proceeding brought for the177
218218 enforcement of this part it shall not be necessary to negative any exception, excuse,178
219219 proviso, or exemption contained in this part, and the burden of proof of any such exception,179
220220 excuse, proviso, or exemption shall be upon the defendant."180
221221 SECTION 5.181
222222 Said article is further amended in Part 3, relating to carrying and possession of firearms, by182
223223 revising Code Section 16-11-125.1, relating to definitions, as follows:183
224224 "16-11-125.1.184
225225 As used in this part, the term:185
226226 (1) 'Handgun' means a firearm of any description, loaded or unloaded, from which any186
227227 shot, bullet, or other missile can be discharged by an action of an explosive where the187
228228 length of the barrel, not including any revolving, detachable, or magazine breech, does188
229229 H. B. 601
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231231 not exceed 12 inches; provided, however, that the term 'handgun' such term shall not189
232232 include a gun which discharges a single shot of 0.46 centimeter or less in diameter.190
233233 (2) 'Knife' means a cutting instrument designed for the purpose of offense and defense191
234234 consisting of a blade that is greater than 12 inches in length which is fastened to a handle.192
235235 (2.1) 'Lawful weapons carrier' means any person who is licensed or eligible for a license193
236236 pursuant to Code Section 16-11-129 and who is not otherwise prohibited by law from194
237237 possessing a weapon or long gun, any resident of any other state who would otherwise195
238238 be eligible to obtain a license pursuant to such Code section but for the residency196
239239 requirement, and any person licensed to carry a weapon in any other state.197
240240 (3) 'License holder' means a person who holds a valid weapons carry license.198
241241 (4) 'Long gun' means a firearm with a barrel length of at least 18 inches and overall199
242242 length of at least 26 inches designed or made and intended to be fired from the shoulder200
243243 and designed or made to use the energy of the explosive in a fixed:201
244244 (A) Shotgun shell to fire through a smooth bore either a number of ball shot or a single202
245245 projectile for each single pull of the trigger or from which any shot, bullet, or other203
246246 missile can be discharged; or204
247247 (B) Metallic cartridge to fire only a single projectile through a rifle bore for each single205
248248 pull of the trigger;206
249249 provided, however, that the term 'long gun' such term shall not include a gun which207
250250 discharges a single shot of 0.46 centimeter or less in diameter.208
251251 (5) 'Weapon' means a knife or handgun.209
252252 (6) 'Weapons carry license' or 'license' means a license issued pursuant to Code Section210
253253 16-11-129."211
254254 SECTION 6.212
255255 Said article is further amended in said part by revising Code Section 16-11-126, relating to213
256256 having or carrying handguns, long guns, or other weapons, exceptions for homes, motor214
257257 H. B. 601
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259259 vehicles, private property, and other locations and conditions and unlawful carrying of a
260260 215
261261 weapon, as follows:216
262262 "16-11-126.217
263263 (a) Any person who is not prohibited by law from possessing a handgun or long gun may218
264264 have or carry on his or her person a weapon or long gun on his or her property or inside his219
265265 or her home, motor vehicle, or place of business.220
266266 (b) Any person who is not prohibited by law from possessing a handgun or long gun may221
267267 have or carry on his or her person a long gun.222
268268 (c) Any person who is not prohibited by law from possessing a handgun or long gun may
269269 223
270270 have or carry any handgun, provided that it is enclosed in a case and unloaded.224
271271 (d) Any person who is not prohibited by law from possessing a handgun or long gun who225
272272 is eligible for a weapons carry license a lawful weapons carrier may transport a handgun226
273273 or long gun in any private passenger motor vehicle; provided, however, that private227
274274 property owners or persons in legal control of private property through a lease, rental228
275275 agreement, licensing agreement, contract, or any other agreement to control access to such229
276276 private property shall have the right to exclude or eject a person who is in possession of a230
277277 weapon or long gun on their private property in accordance with paragraph (3) of231
278278 subsection (b) of Code Section 16-7-21, except as provided in Code Section 16-11-135.232
279279 (d)(e)(1) Any person licensed to carry a weapon in any other state shall be authorized to233
280280 carry a weapon in this state while the licensee is not a resident of this state; provided,234
281281 however, that:235
282282 (A) Such licensee person licensed to carry a weapon in any other state shall carry the236
283283 weapon in compliance with the laws of this state; and237
284284 (B) No other state shall be required to recognize and give effect to a license issued238
285285 pursuant to this part that is held by a person who is younger than 21 years of age.239
286286 H. B. 601
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288288 (2)(A) The Attorney General shall create and maintain on the Department of Law's
289289 240
290290 website a list of states whose laws recognize and give effect to a license issued pursuant241
291291 to this part.242
292292 (B) The Attorney General shall enter into an agreement with any state that requires an243
293293 agreement to recognize and give effect to a license issued pursuant to this part.244
294294 (C) Any person who is not a weapons carry license holder in this state and who is
295295 245
296296 licensed to carry a weapon in any other state whose laws recognize and give effect to246
297297 a license issued pursuant to this part shall be authorized to carry a weapon in this state247
298298 for 90 days after he or she becomes a resident of this state; provided, however, that such248
299299 person shall carry the weapon in compliance with the laws of this state, shall as soon249
300300 as practicable submit a weapons carry license application as provided for under Code250
301301 Section 16-11-129, and shall remain licensed in such other state for the duration of time251
302302 that he or she is a resident of this state but not a weapons carry license holder in this252
303303 state.253
304304 (e)(f)(1) Any person with a valid hunting or fishing license on his or her person, or any254
305305 person not required by law to have a hunting or fishing license, who is engaged in legal255
306306 hunting, fishing, or sport shooting when the person has the permission of the owner of256
307307 the land on which the activities are being conducted may have or carry on his or her257
308308 person a weapon or long gun while hunting, fishing, or engaging in sport shooting.258
309309 (2) Any person with a valid hunting or fishing license on his or her person, or any person259
310310 not required by law to have a hunting or fishing license, who is otherwise engaged in260
311311 legal hunting, fishing, or sport shooting on recreational or wildlife management areas261
312312 owned by this state may have or carry on his or her person a knife while engaging in such262
313313 hunting, fishing, or sport shooting.263
314314 (f)(g) Notwithstanding Code Sections 12-3-10, 27-3-1.1, 27-3-6, and 16-12-122 through264
315315 16-12-127, any lawful weapons carrier may carry a weapon in all parks, historic sites, or265
316316 recreational areas, as such term is defined in Code Section 12-3-10, including all publicly266
317317 H. B. 601
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319319 owned buildings located in such parks, historic sites, and recreational areas, in wildlife
320320 267
321321 management areas, and on public transportation; provided, however, that a person shall not268
322322 carry a handgun into a place where it is prohibited by federal law.269
323323 (g)
324324 (h)(1) Except as otherwise provided in subsections (a) through (f) (g) of this Code270
325325 section, no person shall carry a weapon unless he or she is a lawful weapons carrier.271
326326 (2) A person commits the offense of unlawful carrying of a weapon when he or she272
327327 violates the provisions of paragraph (1) of this subsection.273
328328 (h)(i) Upon conviction of the offense of unlawful carrying of a weapon, a person shall be274
329329 punished as follows:275
330330 (1) For the first offense, he or she shall be guilty of a misdemeanor; and276
331331 (2) For the second offense within five years, as measured from the dates of previous277
332332 arrests for which convictions were obtained to the date of the current arrest for which a278
333333 conviction is obtained, and for any subsequent offense, he or she shall be guilty of a279
334334 felony and, upon conviction thereof, shall be imprisoned for not less than two years and280
335335 not more than five years.281
336336 (i)(j) Nothing in this Code section shall in any way operate or be construed to affect, repeal,282
337337 or limit the exemptions provided for under Code Section 16-11-130."283
338338 SECTION 7.284
339339 Said article is further amended in said part in Code Section 16-11-127.1, relating to carrying285
340340 weapons within school safety zones, at school functions, or on a bus or other transportation286
341341 furnished by a school, by revising subsection (a), by reserving paragraph (6) of subsection287
342342 (c), and by revising paragraph (20) of subsection (c) as follows:288
343343 "(a) As used in this Code section, the term:289
344344 (1) 'Bus or other transportation furnished by a school' means a bus or other transportation290
345345 furnished by a public or private elementary or secondary school.291
346346 H. B. 601
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348348 (2) 'School function' means a school function or related activity that occurs outside of a
349349 292
350350 school safety zone and is for a public or private elementary or secondary school.293
351351 (3) 'School safety zone' means in or on
352352 within 500 yards of any real property or building294
353353 owned by or leased to:295
354354 (A) Any public or private elementary school, secondary school, or local board of296
355355 education and used for elementary or secondary education; and297
356356 (B) Any public or private technical school, vocational school, college, university, or298
357357 other institution of postsecondary education.299
358358 (4) 'Weapon' means and includes any pistol, revolver, or any weapon designed or300
359359 intended to propel a missile of any kind, or any dirk, bowie knife, switchblade knife,301
360360 ballistic knife, any other knife having a blade of two or more inches, straight-edge razor,302
361361 razor blade, spring stick, knuckles, whether made from metal, thermoplastic, wood, or303
362362 other similar material, blackjack, any bat, club, or other bludgeon-type weapon, or any304
363363 flailing instrument consisting of two or more rigid parts connected in such a manner as305
364364 to allow them to swing freely, which may be known as a nun chahka, nun chuck,306
365365 nunchaku, shuriken, or fighting chain, or any disc, of whatever configuration, having at307
366366 least two points or pointed blades which is designed to be thrown or propelled and which308
367367 may be known as a throwing star or oriental dart, or any weapon of like kind, and any309
368368 stun gun or taser as defined in subsection (a) of Code Section 16-11-106. This paragraph310
369369 excludes any of these instruments used for classroom work authorized by the teacher."311
370370 "(20)(A) Any lawful weapons carrier when he or she is in any building or on real312
371371 property owned by or leased to any public technical school, vocational school, college,313
372372 or university, or other public institution of postsecondary education; provided, however,314
373373 that such exception shall:315
374374 (i) Not apply to buildings or property used for athletic sporting events or student316
375375 housing, including, but not limited to, fraternity and sorority houses;317
376376 H. B. 601
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378378 (ii) Not apply to any preschool or childcare space located within such buildings or
379379 318
380380 real property;319
381381 (iii) Not apply to any room or space being used for classes related to a college and320
382382 career academy or other specialized school as provided for under Code Section321
383383 20-4-37;322
384384 (iv) Not apply to any room or space being used for classes in which high school323
385385 students are enrolled through a dual enrollment program, including, but not limited324
386386 to, classes related to the 'Dual Enrollment Act' as provided for under Code Section325
387387 20-2-161.3;326
388388 (v) Not apply to faculty, staff, or administrative offices or rooms where disciplinary327
389389 proceedings are conducted; and
390390 328
391391 (vi) Only apply to the carrying of handguns which a person is licensed to carry329
392392 pursuant to subsection (e) of Code Section 16-11-126 and pursuant to Code Section330
393393 16-11-129; and331
394394 (vi)(vii) Only apply to the carrying of handguns which are concealed.332
395395 (B) Any lawful weapons carrier who carries a handgun in a manner or in a building,333
396396 property, room, or space in violation of this paragraph shall be guilty of a misdemeanor;334
397397 provided, however, that, for a conviction of a first offense, such lawful weapons carrier335
398398 shall be punished by a fine of $25.00 and not be sentenced to serve any term of336
399399 confinement.337
400400 (C) As used in this paragraph, the term:338
401401 (i) 'Concealed' means carried in such a fashion that does not actively solicit the339
402402 attention of others and is not prominently, openly, and intentionally displayed except340
403403 for purposes of defense of self or others. Such term shall include, but not be limited341
404404 to, carrying on one's person while such handgun is substantially, but not necessarily342
405405 completely, covered by an article of clothing which is worn by such person, carrying343
406406 within a bag of a nondescript nature which is being carried about by such person, or344
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409409 carrying in any other fashion as to not be clearly discernible by the passive
410410 345
411411 observation of others.346
412412 (ii) 'Preschool or childcare space' means any room or continuous collection of rooms347
413413 or any enclosed outdoor facilities which are separated from other spaces by an348
414414 electronic mechanism or human-staffed point of controlled access and designated for349
415415 the provision of preschool or childcare services, including, but not limited to,350
416416 preschool or childcare services licensed or regulated under Article 1 of Chapter 1A351
417417 of Title 20."352
418418 SECTION 8.353
419419 Said article is further amended in said part in Code Section 16-11-129, relating to weapons354
420420 carry license, gun safety information, temporary renewal permit, mandamus, and verification355
421421 of license, by revising subsection (a) and subparagraph (b)(2)(H) as follows:356
422422 "(a) Application for weapons carry license or renewal license; term.357
423423 (1) The judge of the probate court of each county shall, on application under oath, on358
424424 payment of a fee of $30.00
425425 $20.00, and on investigation of the applicant pursuant to359
426426 subsections (b) and (d) of this Code section, issue a weapons carry license or renewal360
427427 license valid for a period of five years one year to any person whose domicile is in that361
428428 county or who is on active duty with the United States armed forces and who is not a362
429429 domiciliary of this state but who either resides in that county or on a military reservation363
430430 located in whole or in part in that county at the time of such application. Such license or364
431431 renewal license shall authorize that person to carry any weapon in any county of this state365
432432 notwithstanding any change in that person's county of residence or state of domicile.366
433433 (2)(A) As used in this paragraph subsection, the term 'service member' means an active367
434434 duty member of the regular or reserve component of the United States Army, United368
435435 States Navy, United States Marine Corps, United States Coast Guard, United States Air369
436436 H. B. 601
437437 - 15 - 25 LC 56 0294
438438 Force, United States Space Force, United States National Guard, Georgia Army
439439 370
440440 National Guard, or Georgia Air National Guard.371
441441 (B) Any service member whose weapons carry license or renewal license expired while
442442 372
443443 such service member was serving on active duty outside this state shall be authorized373
444444 to carry any weapon in accordance with such expired license for a period of six months374
445445 from the date of his or her discharge from active duty or reassignment to a location375
446446 within this state. When carrying a weapon pursuant to Code Section 16-11-137, the376
447447 service member shall also have in his or her immediate possession a copy of the official377
448448 military orders or a written verification signed by such service member's commanding378
449449 officer which shall evidence that such service member is authorized to carry any379
450450 weapon in accordance with such expired license for a period of six months from the380
451451 date of his or her discharge from active duty or reassignment to a location within this381
452452 state.382
453453 (3)(A)(B) Applicants shall submit the application for a weapons carry license or383
454454 renewal license to the judge of the probate court on forms prescribed and furnished free384
455455 of charge to persons wishing to apply for the license or renewal license.385
456456 (C)(B)(i) An application shall be considered to be for a renewal license if the386
457457 applicant has a weapons carry license or renewal license with 90 or fewer days387
458458 remaining before the expiration of such weapons carry license or renewal license or388
459459 30 or fewer days since the expiration of such weapons carry license or renewal license389
460460 regardless of the county of issuance of the applicant's expired or expiring weapons390
461461 carry license or renewal license.391
462462 (ii) An application of any service member whose weapons carry license or renewal392
463463 license expired while such service member was serving on active duty outside this393
464464 state shall be considered to be for a renewal license if such service member applies394
465465 within six months from the date of his or her discharge from active duty or395
466466 reassignment to a location within this state as provided for in a copy of such service396
467467 H. B. 601
468468 - 16 - 25 LC 56 0294
469469 member's official military orders or a written verification signed by such service
470470 397
471471 member's commanding officer as provided by the service member.398
472472 (iii) An applicant who is not a United States citizen shall provide sufficient personal399
473473 identifying data, including without limitation,
474474 his or her place of birth and United400
475475 States issued alien or admission number, as the Georgia Bureau of Investigation may401
476476 prescribe by rule or regulation. An applicant who is in nonimmigrant status shall402
477477 provide proof of his or her qualifications for an exception to the federal firearm403
478478 prohibition pursuant to 18 U.S.C. Section 922(y). Forms shall be designed to elicit404
479479 information from the applicant pertinent to his or her eligibility under this Code405
480480 section, including citizenship, but shall not require data which is nonpertinent or406
481481 irrelevant, such as serial numbers or other identification capable of being used as a de407
482482 facto registration of firearms owned by the applicant. The Department of Public408
483483 Safety shall furnish application forms and license forms required by this Code section. 409
484484 The forms shall be furnished to each judge of each probate court within this state at410
485485 no cost."411
486486 "(H) Any person who has been convicted of any of the following:412
487487 (i) Carrying a weapon without a weapons carry license in violation of Code413
488488 Section 16-11-126; or414
489489 (ii) Carrying carrying a weapon or long gun in an unauthorized location in violation415
490490 of Code Section 16-11-127 and has not been free of all restraint or supervision in416
491491 connection therewith and free of any other conviction for at least five years417
492492 immediately preceding the date of the application;"418
493493 SECTION 9.419
494494 Said article is further amended in said part by repealing in its entirety Code Section420
495495 16-11-130.1, relating to allowing personnel to carry weapons within certain school safety421
496496 zones and at school functions, and designating said Code section as reserved.422
497497 H. B. 601
498498 - 17 - 25 LC 56 0294
499499 SECTION 10.
500500 423
501501 Said article is further amended in said part by revising Code Section 16-11-132, relating to424
502502 possession of handgun by person under the age of 18 years, as follows:425
503503 "16-11-132.426
504504 (a) For the purposes of this Code section, a handgun or long gun
505505 is considered loaded if427
506506 there is a cartridge in the chamber or cylinder of the handgun.428
507507 (b) Notwithstanding any other provisions of this part and except as otherwise provided in429
508508 this Code section, it shall be unlawful for any person under the age of 18 16 years to430
509509 possess or have under such person's control a handgun or long gun. A person convicted431
510510 of a first violation of this subsection shall be guilty of a misdemeanor and shall be punished432
511511 by a fine not to exceed $1,000.00 or by imprisonment confinement for not more than 12433
512512 months, or both. A person convicted of a second or subsequent violation of this subsection434
513513 shall be guilty of a felony and shall be punished by a fine of $5,000.00 or by imprisonment435
514514 for a period of three years, or both.436
515515 (c) Notwithstanding any other provisions of this part and except as otherwise provided in437
516516 this Code section, it shall be unlawful for any person under the age of 18 years to possess438
517517 or have under such person's control a handgun or long gun. A person convicted of a first439
518518 violation of this subsection shall be guilty of a misdemeanor and shall be punished by a440
519519 fine not to exceed $1,000.00 or by confinement for not more than 12 months, or both. A441
520520 person convicted of a second or subsequent violation of this subsection shall be guilty of442
521521 a felony and shall be punished by a fine of $5,000.00 or by imprisonment for a period of443
522522 three years, or both.444
523523 (c)(d) Except as otherwise provided in subsection (d) (e) of this Code section, the445
524524 provisions of subsection (b) (c) of this Code section shall not apply to:446
525525 (1) Any person under the age of 18 years who is:447
526526 (A) Attending a hunter education course or a firearms safety course;448
527527 H. B. 601
528528 - 18 - 25 LC 56 0294
529529 (B) Engaging in practice in the use of a firearm or target shooting at an established
530530 449
531531 range authorized by the governing body of the jurisdiction where such range is located;450
532532 (C) Engaging in an organized competition involving the use of a firearm or451
533533 participating in or practicing for a performance by an organized group under 26 U.S.C.452
534534 Section 501(c)(3) which uses firearms as a part of such performance;453
535535 (D) Hunting or fishing pursuant to a valid license if such person has in his or her454
536536 possession such a valid hunting or fishing license if required; is engaged in legal455
537537 hunting or fishing; has permission of the owner of the land on which the activities are456
538538 being conducted; and the handgun or long gun
539539 , whenever loaded, is carried only in an457
540540 open and fully exposed manner; or458
541541 (E) Traveling to or from any activity described in subparagraphs (A) through (D) of459
542542 this paragraph if the handgun or long gun in such person's possession is not loaded;460
543543 (2) Any person under the age of 18 years who is on real property under the control of461
544544 such person's parent, legal guardian, or grandparent and who has the permission of such462
545545 person's parent or legal guardian to possess a handgun or long gun; or463
546546 (3) Any person under the age of 18 years who is at such person's residence and who, with464
547547 the permission of such person's parent or legal guardian, possesses a handgun or long gun465
548548 for the purpose of exercising the rights authorized in Code Section 16-3-21 or 16-3-23.466
549549 (d)(e) Subsection (c) (d) of this Code section shall not apply to any person under the age467
550550 of 18 years who has been convicted of a forcible felony or forcible misdemeanor, as468
551551 defined in Code Section 16-1-3, or who has been adjudicated for committing a delinquent469
552552 act under the provisions of Article 6 of Chapter 11 of Title 15 for an offense which would470
553553 constitute a forcible felony or forcible misdemeanor, as defined in Code Section 16-1-3,471
554554 if such person were an adult."472
555555 H. B. 601
556556 - 19 - 25 LC 56 0294
557557 SECTION 11.
558558 473
559559 Said article is further amended in said part by revising Code Section 16-11-137, relating to474
560560 detention for investigation of license to carry prohibited, as follows:475
561561 "16-11-137.476
562562 (a) Each weapons carry license holder shall have his or her valid weapons carry license in
563563 477
564564 his or her immediate possession at all times when carrying a weapon, or if such person is478
565565 exempt from having a weapons carry license pursuant to Code Section 16-11-130 or479
566566 subsection (c) of Code Section 16-11-127.1, he or she shall have proof of his or her480
567567 exemption in his or her immediate possession at all times when carrying a weapon, and his481
568568 or her failure to do so shall be prima-facie evidence of a violation of the applicable482
569569 provision of Code Sections 16-11-126 through 16-11-127.2.483
570570 (b) A person carrying a weapon shall not be subject to detention for the sole purpose of484
571571 investigating whether such person has a weapons carry license, whether such person is485
572572 exempt from having a weapons carry license pursuant to Code Section 16-11-130 or486
573573 subsection (c) of Code Section 16-11-127.1, or whether such person is a lawful weapons487
574574 carrier as defined in Code Section 16-11-125.1.488
575575 (c) A person convicted of a violation of this Code section shall be fined not more than489
576576 $10.00 if he or she produces in court his or her weapons carry license, provided that such490
577577 license was valid at the time of his or her arrest, or produces proof of his or her exemption."491
578578 SECTION 12.492
579579 Said article is further amended in said part by adding new Code sections to read as follows:493
580580 "16-11-139.494
581581 (a) There is established the Georgia Firearms Registry, to be maintained by the Secretary495
582582 of State. The Georgia Firearms Registry shall collect for each entry:496
583583 (1) The name of the owner or owners of the firearm;497
584584 H. B. 601
585585 - 20 - 25 LC 56 0294
586586 (2) The name of the individual or entity from which the firearm was purchased or498
587587 received;499
588588 (3) The identification number of the firearm; and500
589589 (4) The date of purchase or transfer.501
590590 (b)(1) Except as provided in paragraph (2) of this subsection, any firearm purchased502
591591 through private sale, purchased through a retailer, gifted, inherited, or otherwise acquired503
592592 by a resident of this state after July 1, 2025, shall be registered by the purchaser or504
593593 recipient with the Georgia Firearms Registry within 30 days of such purchase or receipt.505
594594 (2) Any firearm purchased through private sale, purchased through a retailer, gifted,506
595595 inherited, or otherwise acquired by a resident of this state outside of this state after July 1,507
596596 2025, shall be registered by the purchaser or recipient with the Georgia Firearms Registry508
597597 within 30 days of such person's return to the state.509
598598 (c) A person convicted of a first violation of subsection (b) of this Code section shall be510
599599 guilty of a misdemeanor and shall be punished by a fine not to exceed $1,000.00 or by511
600600 confinement for not more than 12 months, or both. A person convicted of a second or512
601601 subsequent violation of subsection (b) of this Code section shall be guilty of a felony and513
602602 shall be punished by a fine of $5,000.00 or by imprisonment for a period of three years, or514
603603 both.515
604604 16-11-140.516
605605 (a) A person shall not store a firearm in a motor vehicle unless the firearm is:517
606606 (1) Unloaded and in a case expressly made to contain such firearm, and the case fully518
607607 encloses the firearm by being zipped, snapped, buckled, tied, or otherwise fastened, and519
608608 without any portion of the firearm exposed; or520
609609 (2) Unloaded and in the closed trunk of a motor vehicle.521
610610 H. B. 601
611611 - 21 - 25 LC 56 0294
612612 (b) Subsection (a) of this Code section shall not apply to the following persons when522
613613 acting in the performance of their official duties or when en route to or from their official523
614614 duties:524
615615 (1) A peace officer as defined by Code Section 35-8-2;525
616616 (2) A law enforcement officer of the United States government;526
617617 (3) A prosecuting attorney of this state or of the United States;527
618618 (4) An employee of the Department of Corrections or a correctional facility operated by528
619619 a political subdivision of this state or the United States who is authorized to carry a529
620620 firearm by the head of such department or correctional agency or facility;530
621621 (5) An employee of the Department of Community Supervision who is authorized by the531
622622 commissioner of community supervision to carry a firearm;532
623623 (6) A person employed as a campus police officer or school security officer who is533
624624 authorized to carry a weapon in accordance with Chapter 8 of Title 20; or534
625625 (7) Medical examiners, coroners, and their investigators who are employed by the state535
626626 or any political subdivision thereof.536
627627 (c) When the licensed owner of a firearm is not on the premises where such firearm is537
628628 stored or when such owner knows, or should reasonably know, that a child is likely to gain538
629629 access to such firearm unless reasonable action is taken to secure the firearm against access539
630630 by the child, any such firearm shall be secured or stored by using one of the following540
631631 methods appropriate to each firearm:541
632632 (1) Secure the firearm with a hardened steel rod or cable at least one-eighth of an inch542
633633 in diameter through the trigger guard of such firearm. The steel rod or cable shall be543
634634 secured with a hardened steel lock that has a shackle. The lock and shackle shall be544
635635 protected or shielded from the use of a bolt cutter, and the rod or cable shall be anchored545
636636 in a manner that prevents the removal of such firearm from the premises; or546
637637 (2) Store the firearm in a locked fireproof safe or vault.547
638638 H. B. 601
639639 - 22 - 25 LC 56 0294
640640 (d) When a firearm is required to be stored pursuant to this Code section, no ammunition548
641641 for such firearm shall be stored in the same lock box, safe, or other container."549
642642 SECTION 13.550
643643 Said article is further amended in Part 5, relating to Brady Law regulations, by revising Code551
644644 Section 16-11-171, relating to definitions, as follows:552
645645 "16-11-171.553
646646 As used in this part, the term:554
647647 (1) 'Center' means the Georgia Crime Information Center within the Georgia Bureau of555
648648 Investigation.556
649649 (2) 'Dealer' means any person licensed as a dealer pursuant to 18 U.S.C. Section 921, et557
650650 seq.558
651651 (3) 'Firearm' means any weapon that is designed to or may readily be converted to expel559
652652 a projectile by the action of an explosive or the frame or receiver of any such weapon,560
653653 any firearm muffler or firearm silencer, or any destructive device as defined in 18 U.S.C.561
654654 Section 921(a)(3).562
655655 (4) 'Gun show' means any event, function, or marketplace at which 25 or more firearms563
656656 are offered or exhibited for sale, transfer, or exchange.564
657657 (5) 'Gun show vendor' means any person that offers for sale, exhibits, sells, transfers, or565
658658 exchanges one or more firearms at a gun show.566
659659 (6) 'Involuntarily hospitalized' means hospitalized as an inpatient in any mental health567
660660 facility pursuant to Code Section 37-3-81 or hospitalized as an inpatient in any mental568
661661 health facility as a result of being adjudicated mentally incompetent to stand trial or being569
662662 adjudicated not guilty by reason of insanity at the time of the crime pursuant to Part 2 of570
663663 Article 6 of Chapter 7 of Title 17.571
664664 (5)(7) 'NICS' means the National Instant Criminal Background Check System created572
665665 by the federal 'Brady Handgun Violence Prevention Act' (P. L. No. 103-159)."573
666666 H. B. 601
667667 - 23 - 25 LC 56 0294
668668 SECTION 14.
669669 574
670670 Said article is further amended in said part by revising subsection (a) of Code Section575
671671 16-11-172, relating to transfers or purchases of firearms subject to the NICS, information576
672672 concerning persons who have been involuntarily hospitalized to be forwarded to the FBI,577
673673 penalties for breach of confidentiality, and exceptions, as follows:578
674674 "(a) All transfers or purchases of firearms conducted by a licensed importer, licensed579
675675 manufacturer, gun show vendor,
676676 or licensed dealer shall be subject to the NICS. To the580
677677 extent possible, the center shall provide to the NICS all necessary criminal history581
678678 information and wanted person records in order to complete an NICS check. A gun show582
679679 vendor may contract with a licensed dealer for purposes of facilitating transfers, purchases,583
680680 or NICS checks."584
681681 SECTION 15.585
682682 Said article is further amended in said part by adding a new Code section to read as follows:586
683683 "16-11-172.1.587
684684 (a) No purchase or transfer of a firearm shall be conducted by a licensed importer, licensed588
685685 manufacturer, licensed dealer, or gun show vendor to any individual under 21 years of age.589
686686 (b) All purchases or transfers of firearms to individuals under 27 years of age and590
687687 conducted by a licensed importer, licensed manufacturer, licensed dealer, or gun show591
688688 vendor shall not be completed until the fifth day after the initiation of such purchase or592
689689 transfer; provided, however, that the calculation of the five days shall not include593
690690 Saturdays, Sundays, or state or federal holidays; and provided, further, that the NICS check594
691691 provided for under Code Section 16-11-172 may be conducted within the five days.595
692692 (c) Licensed importers, licensed manufacturers, licensed dealers, and gun show vendors596
693693 shall, during normal business hours, make records available for inspection by any law597
694694 enforcement agency for purposes of any criminal investigation.598
695695 H. B. 601
696696 - 24 - 25 LC 56 0294
697697 (d) Any licensed importer, licensed manufacturer, licensed dealer, or gun show vendor that599
698698 violates this Code section, or any purchaser or transferee who uses fraud or false600
699699 representation to circumvent the requirements of subsection (a) of this Code section, shall601
700700 be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less602
701701 than one nor more than five years."603
702702 SECTION 16.604
703703 Said article is further amended in said part by adding a new Code section to read as follows:605
704704 "16-11-174.606
705705 (a) As used in this Code section, the term 'assault weapon' means:607
706706 (1) A semiautomatic rifle that has an overall length of less than 30 inches;608
707707 (2) A conversion kit, part, or combination of parts, from which an assault weapon can609
708708 be assembled or from which a firearm can be converted into an assault weapon if such610
709709 parts are in the possession or under the control of the same person;611
710710 (3) A semiautomatic, center fire rifle that has the capacity to accept a detachable612
711711 magazine and has one or more of the following:613
712712 (A) A grip that is independent or detached from the stock that protrudes conspicuously614
713713 beneath the action of the weapon. The addition of a fin attaching the grip to the stock615
714714 does not exempt the grip if it otherwise resembles the grip found on a pistol;616
715715 (B) Thumbhole stock;617
716716 (C) Folding or telescoping stock;618
717717 (D) Forward pistol, vertical, angled, or other grip designed for use by the nonfiring619
718718 hand to improve control;620
719719 (E) Flash suppressor, flash guard, flash eliminator, flash hider, sound suppressor,621
720720 silencer, or any item designed to reduce the visual or audio signature of the firearm;622
721721 (F) Muzzle brake, recoil compensator, or any item designed to be affixed to the barrel623
722722 to reduce recoil or muzzle rise;624
723723 H. B. 601
724724 - 25 - 25 LC 56 0294
725725 (G) Threaded barrel designed to attach a flash suppressor, sound suppressor, muzzle625
726726 break, or similar item;626
727727 (H) Grenade launcher or flare launcher; or627
728728 (I) A shroud that encircles either all or part of the barrel designed to shield the bearer's628
729729 hand from heat, except a solid forearm of a stock that covers only the bottom of the629
730730 barrel;630
731731 (4) A semiautomatic, center fire rifle that has a fixed magazine with the capacity to631
732732 accept more than ten rounds;632
733733 (5) A semiautomatic pistol that has the capacity to accept a detachable magazine and has633
734734 one or more of the following:634
735735 (A) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or635
736736 silencer;636
737737 (B) A second hand grip;637
738738 (C) A shroud that encircles either all or part of the barrel designed to shield the bearer's638
739739 hand from heat, except a solid forearm of a stock that covers only the bottom of the639
740740 barrel; or640
741741 (D) The capacity to accept a detachable magazine at some location outside of the pistol641
742742 grip; or642
743743 (6) A semiautomatic shotgun that has any of the following:643
744744 (A) A folding or telescoping stock;644
745745 (B) A grip that is independent or detached from the stock that protrudes conspicuously645
746746 beneath the action of the weapon. The addition of a fin attaching the grip to the stock646
747747 does not exempt the grip if it otherwise resembles the grip found on a pistol;647
748748 (C) A thumbhole stock;648
749749 (D) A forward pistol, vertical, angled, or other grip designed for use by the nonfiring649
750750 hand to improve control;650
751751 (E) A fixed magazine in excess of seven rounds; or651
752752 H. B. 601
753753 - 26 - 25 LC 56 0294
754754 (F) A revolving cylinder shotgun.652
755755 (b) No purchase or transfer of any assault weapon shall be conducted by a licensed653
756756 importer, licensed manufacturer, licensed dealer, or gun show vendor in this state for the654
757757 period beginning July 1, 2025, through January 1, 2036.655
758758 (c) Any licensed importer, licensed manufacturer, licensed dealer, or gun show vendor that656
759759 violates this Code section, or any purchaser or transferee who uses fraud or false657
760760 representation to circumvent the requirements of subsection (b) of this Code section, shall658
761761 be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less659
762762 than one nor more than five years."660
763763 SECTION 17.661
764764 Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to the employment662
765765 and training of peace officers, is amended by revising Code Section 35-8-8, relating to the663
766766 requirements for appointment or certification of persons as peace officers and664
767767 preemployment attendance at a basic training course, and "employment related information"665
768768 defined, as follows:666
769769 "35-8-8.667
770770 (a) Any person employed or certified as a peace officer shall:668
771771 (1) Be at least 18 years of age;669
772772 (2) Be a citizen of the United States;670
773773 (3) Have a high school diploma or its recognized equivalent;671
774774 (4) Not have been convicted by any state or by the federal government of any crime the672
775775 punishment for which could have been imprisonment in the federal or state prison or673
776776 institution nor have been convicted of sufficient misdemeanors to establish a pattern of674
777777 disregard for the law, provided that, for the purposes of this paragraph, violations of675
778778 traffic laws and other offenses involving the operation of motor vehicles when the676
779779 applicant has received a pardon shall not be considered;677
780780 H. B. 601
781781 - 27 - 25 LC 56 0294
782782 (5) Be fingerprinted for the purpose of conducting a fingerprint based search at the
783783 678
784784 Georgia Bureau of Investigation and the Federal Bureau of Investigation to determine the679
785785 existence of any criminal record;680
786786 (6) Possess good moral character as determined by investigation under procedure681
787787 established by the council and fully cooperate during the course of such investigation;682
788788 (7) Be found, after examination by a licensed physician or surgeon, to be free from any683
789789 physical, emotional, or mental conditions which might adversely affect his or her exercise684
790790 of the powers or duties of a peace officer; and685
791791 (8) Successfully complete a job related academy entrance examination provided for and686
792792 administered by the council in conformity with state and federal law. Such examination687
793793 shall be administered prior to entrance to the basic course provided for in Code Sections688
794794 35-8-9 and 35-8-11. The council may change or modify such examination and shall689
795795 establish the criteria for determining satisfactory performance on such examination. The690
796796 provisions of this paragraph establish only the minimum requirements of academy691
797797 entrance examinations for peace officer candidates in this state; each law enforcement692
798798 unit is encouraged to provide such additional requirements and any preemployment693
799799 examination as it deems necessary and appropriate. Any person with a degree from a694
800800 postsecondary institution accredited by a regional accrediting agency recognized by the695
801801 United States Department of Education shall be deemed to have met the requirements of696
802802 this paragraph.697
803803 (b) Any person authorized to attend the basic training course prior to employment as a698
804804 peace officer shall meet the requirements of subsection (a) of this Code section.699
805805 (c)(1) For purposes of
806806 As used in this subsection, the term 'employment related700
807807 information' means written information contained in a prior employer's records or701
808808 personnel files that relates to an applicant's, candidate's, or peace officer's performance702
809809 or behavior while employed by such prior employer, including performance evaluations,703
810810 records of disciplinary actions, and eligibility for rehire. Such term shall not include704
811811 H. B. 601
812812 - 28 - 25 LC 56 0294
813813 information prohibited from disclosure by federal law or any document not in the
814814 705
815815 possession of the employer at the time a request for such information is received.706
816816 (2) Where an investigation is conducted for the purpose of hiring, certifying, or707
817817 continuing the certification of a peace officer, an employer shall disclose employment708
818818 related information to the investigating law enforcement agency upon receiving a written709
819819 request from such agency. Disclosure shall only be required under this subsection if the710
820820 law enforcement agency's request is accompanied by a copy of a signed, notarized711
821821 statement from the applicant, candidate, or peace officer releasing and holding harmless712
822822 such employer from any and all liability for disclosing complete and accurate information713
823823 to the law enforcement agency.714
824824 (3) An employer may charge a reasonable fee to cover actual costs incurred in copying715
825825 and furnishing documents to a requesting law enforcement agency, including retrieving716
826826 and redacting costs, provided that
827827 such amount shall not exceed $25.00 or 25ยข per page,717
828828 whichever is greater. No employer shall be required to prepare or create any document718
829829 not already in the employer's possession at the time a request for employment related719
830830 information is received. Any employment related information provided pursuant to this720
831831 subsection that is not subject to public disclosure while in the possession of a prior721
832832 employer shall continue to be privileged and protected from public disclosure as a record722
833833 of the requesting law enforcement agency.723
834834 (4) No employer or law enforcement agency shall be subject to any civil liability for any724
835835 cause of action by virtue of disclosing complete and accurate information to a law725
836836 enforcement agency in good faith and without malice pursuant to this subsection. In any726
837837 such cause of action, malice or bad faith shall only be demonstrated by clear and727
838838 convincing evidence. Nothing contained in this subsection shall be construed so as to728
839839 affect or limit rights or remedies provided by federal law.729
840840 (5) Before taking final action on an application for employment based, in whole or in730
841841 part, on any unfavorable employment related information received from a previous731
842842 H. B. 601
843843 - 29 - 25 LC 56 0294
844844 employer, a law enforcement agency shall inform the applicant, candidate, or peace
845845 732
846846 officer that it has received such employment related information and that the applicant,733
847847 candidate, or peace officer may inspect and respond in writing to such information. Upon734
848848 the applicant's, candidate's, or peace officer's request, the law enforcement agency shall735
849849 allow him or her to inspect the employment related information and to submit a written736
850850 response to such information. The request for inspection shall be made within five737
851851 business days from the date that the applicant, candidate, or peace officer is notified of738
852852 the law enforcement agency's receipt of such employment related information. The739
853853 inspection shall occur not later than ten business days after said notification. Any740
854854 response to the employment related information shall be made by the applicant,741
855855 candidate, or peace officer not later than three business days after his or her inspection.742
856856 (6) No person shall be certified, or allowed to continue in his or her certification, or hired
857857 743
858858 as a peace officer if an investigation undertaken pursuant to this subsection determines744
859859 that such individual has ever been terminated from a position as a peace officer based on745
860860 misconduct related to such position.746
861861 (7) Nothing contained in this Code section shall be construed so as to require any person747
862862 to provide self-incriminating information or otherwise to compel any person to act in748
863863 violation of his or her right guaranteed by the Fifth Amendment of the United States749
864864 Constitution and Article I, Section I, Paragraph XVI of the Georgia Constitution. It shall750
865865 not be a violation of this Code section for a person to fail to provide requested751
866866 information based on a claim that such information is self-incriminating, provided that752
867867 notice of such claim is served in lieu of the requested information. An action against753
868868 such person to require disclosure on the grounds that the claim of self-incrimination is not754
869869 substantiated may be brought in the superior court of the county of such party's residence755
870870 or where such information is located."756
871871 H. B. 601
872872 - 30 - 25 LC 56 0294
873873 SECTION 18.
874874 757
875875 Article 2 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to 758
876876 organization and administration relative to emergency management, is amended in Code759
877877 Section 38-3-37, relating to prohibited actions by government official or employee during760
878878 declared state of emergency, by inserting "or" at the end of paragraph (2), replacing "; or"761
879879 at the end of paragraph (3) with a period, and by repealing paragraph (4) of subsection (b).762
880880 SECTION 19.763
881881 All laws and parts of laws in conflict with this Act are repealed. 764
882882 H. B. 601
883883 - 31 -