Georgia 2025-2026 Regular Session

Georgia House Bill HB64 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	25 LC 52 0586
2	2	House Bill 64
3	3	By: Representatives Oliver of the 84
4	4	th
5	5	, Au of the 50
6	6	th
7	7	, Draper of the 90
8	8	th
9	9	, Roberts of the 52
10	10	nd
11	11	,
12	12	Lupton of the 83
13	13	rd
14	14	, and others
15	15	A BILL TO BE ENTITLED
16	16	AN ACT
17	17	To amend Titles 16 and 33 of the Official Code of Georgia Annotated, relating to crimes and
18	18	1
19	19	offenses and insurance, respectively, so as to require an owner of an assault weapon to2
20	20	procure and maintain sufficient liability insurance to protect against legal liability arising out3
21	21	of the ownership, maintenance, operation, or use of such weapon; to provide for definitions;4
22	22	to provide for proof or evidence of such insurance; to provide for exceptions; to provide for5
23	23	enforcement and penalties; to provide for an affirmative defense; to provide for limitations6
24	24	on such liability insurance; to provide for notification of changes or termination of such7
25	25	liability insurance; to require insurers to submit certain information; to provide for the8
26	26	adoption of rules and regulations; to provide for legislative findings; to provide for related9
27	27	matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.10
28	28	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11
29	29	SECTION 1.12
30	30	The General Assembly finds that:13
31	31	(1) Assault weapons pose a significant threat to public safety in that they allow the user14
32	32	of such weapon to fire multiple rounds of ammunition rapidly;15
33	33	H. B. 64
34	34	- 1 - 25 LC 52 0586
35	35	(2) Such weapons have been used in numerous mass shootings around the nation in the
36	36	16
37	37	recent past, resulting in the death of large numbers of people, many of whom were17
38	38	children; 18
39	39	(3) Such weapon was allegedly used in the shooting that killed two students and two19
40	40	teachers at Apalachee High School in Winder, Georgia on September 4, 2024; and20
41	41	(4) Mandating owners of such weapons to procure and maintain liability insurance will21
42	42	encourage such owners to be more mindful of the risks inherent in owning such weapons22
43	43	and to take actions to ensure such weapons are secured.23
44	44	SECTION 2.24
45	45	Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is25
46	46	amended in Article 4 of Chapter 11, relating to dangerous instrumentalities and practices, by26
47	47	adding a new part to read as follows:27
48	48	"Part 6
49	49	28
50	50	16-11-180.29
51	51	As used in this part, the term:30
52	52	(1) 'Assault weapon' means a semiautomatic rifle that has the ability to accept a31
53	53	detachable high capacity magazine.32
54	54	(2) 'Assault weapon owner' means any individual in this state who owns one or more33
55	55	assault weapons in this state. Such term shall not include an individual who:34
56	56	(A) Manufactures or transfers an assault weapon;35
57	57	(B) Owns a permanently inoperable assault weapon, provided that such individual36
58	58	demonstrates to law enforcement with jurisdiction over the location at which the37
59	59	individual resides that such weapon cannot be readily restored to firing condition; or38
60	60	H. B. 64
61	61	- 2 - 25 LC 52 0586
62	62	(C) Owns a lost or stolen weapon, provided that the loss or theft of such weapon was39
63	63	reported to law enforcement with jurisdiction over the location at which the individual40
64	64	resides within 48 hours of discovery of such loss or theft.41
65	65	(3) 'Claimant' means the injured person, dependent, beneficiary, personal representative42
66	66	of the decedent, or owner of damaged property and the legal representative of such43
67	67	person.44
68	68	(4) 'High capacity magazine' means a device that holds more than ten rounds of45
69	69	ammunition.46
70	70	(5) 'Liability insurance' means insurance against legal liability for the death, injury, or47
71	71	disability of any human being or damage to property, and which provides medical,48
72	72	hospital, surgical, and disability benefits to injured persons and funeral and death benefits49
73	73	to dependents, beneficiaries, or personal representatives of persons killed.50
74	74	16-11-181.51
75	75	(a) No later than January 1, 2026, except as provided for in subsection (d) of this Code52
76	76	section, an assault weapon owner shall procure and maintain in full force and effect53
77	77	liability insurance in an amount not less than $1 million for death, injury, or disability to54
78	78	a human being and for damage to property per incident arising out of the ownership,55
79	79	maintenance, operation, or use of an assault weapon. An assault weapon owner shall keep56
80	80	proof or evidence of the minimum insurance coverage required by this Code section at the57
81	81	location where such assault weapon is stored and in his or her immediate possession when58
82	82	such owner possesses the covered assault weapon in public.59
83	83	(b) An assault weapon owner shall provide proof or evidence of the minimum insurance60
84	84	coverage required by this Code section to a law enforcement officer upon the request of61
85	85	such officer. Such proof or evidence shall be satisfied by providing in paper or electronic62
86	86	format the insurance policy declarations page provided to such owner.63
87	87	H. B. 64
88	88	- 3 - 25 LC 52 0586
89	89	(c) Disclosure of liability insurance policy information under this Code section shall not64
90	90	constitute an admission that the alleged death, injury, or disability of a human being or65
91	91	damage to property is subject to the policy and shall not be admissible as evidence at trial66
92	92	by reason of disclosure.67
93	93	(d) The requirements of this Code section shall not apply to the following individuals68
94	94	owning or possessing an assault weapon while in the official performance of such69
95	95	individual's duties:70
96	96	(1) A peace officer of any duly authorized police agency of this state or of any political71
97	97	subdivision thereof, or a law enforcement officer of any department or agency of the72
98	98	United States who is regularly employed and paid by the United States, this state, or any73
99	99	such political subdivision, or an employee of the Department of Corrections of this state;74
100	100	or75
101	101	(2) A member of the National Guard or of the armed forces of the United States.76
102	102	16-11-182.77
103	103	(a) Any law enforcement officer who has probable cause to believe that an individual is78
104	104	an assault weapon owner shall determine whether such individual has the minimum79
105	105	liability insurance required by Code Section 16-11-181.80
106	106	(b) Except as provided for in subsection (d) of this Code section, any individual who fails81
107	107	to procure and maintain liability insurance in violation of subsection (a) of Code Section82
108	108	16-11-181 shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not83
109	109	more than $100.00 for the first offense and not more than $1,000.00 for any subsequent84
110	110	offense.85
111	111	(c) Any individual who fails to provide proof or evidence of the minimum insurance86
112	112	coverage as provided for in violation of subsection (b) of Code Section 16-11-181 shall be87
113	113	guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100.0088
114	114	for the first offense and not more than $1,000.00 for any subsequent offense.89
115	115	H. B. 64
116	116	- 4 - 25 LC 52 0586
117	117	(d) It shall be an affirmative defense to prosecution for a violation of subsection (a) of90
118	118	Code Section 16-11-181 if an assault weapon owner can demonstrate to the court that he91
119	119	or she:92
120	120	(1) Applied for and was denied liability insurance by two or more insurers;93
121	121	(2) Qualifies as an indigent person, as defined in Code Section 17-12-2; or94
122	122	(3) Is likely to behave prudently and safely in the ownership, maintenance, operation,95
123	123	use, and storage of the assault weapon as evidenced by:96
124	124	(A) Such owner's general character, responsibility, and fitness or his or her prior97
125	125	personal experience and responsibility in gun ownership; and98
126	126	(B) The possession and use of a gun safe or other secure container to store such assault99
127	127	weapon."100
128	128	SECTION 3.101
129	129	Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended in102
130	130	Chapter 7, relating to kinds of insurance, limits of risks, and reinsurance, by adding a new103
131	131	Code section to read as follows:104
132	132	"33-7-3.2.105
133	133	(a) Any liability insurance offered, issued, procured, or maintained to satisfy requirements106
134	134	for the ownership of an assault weapon provided for in Part 6 of Article 4 of Chapter 11 of107
135	135	Title 16 shall be limited to unintentional or accidental acts arising out of the ownership,108
136	136	maintenance, operation, or use of an assault weapon. Such insurance shall be provided109
137	137	under a policy or policies, including but not limited to a homeowner's, tenant homeowner's,110
138	138	excess, or umbrella liability policy, from an insurer admitted to do business in this state for111
139	139	the purpose of writing insurance and licensed under this title.112
140	140	(b) An insurer that issues a liability insurance policy as provided for in subsection (a) of113
141	141	this Code section shall not request or require an insured to provide the serial number of or114
142	142	H. B. 64
143	143	- 5 - 25 LC 52 0586
144	144	any other information about the specific assault weapon to be covered as a condition of115
145	145	issuing such policy.116
146	146	(c) An insurer that provides a liability insurance policy as provided for in subsection (a)117
147	147	of this Code section shall notify the Commissioner within 30 days of any change in118
148	148	coverage, at least 30 days prior to the termination of the policy by such insurer, and no later119
149	149	than 30 days after the termination of the policy by the insured.120
150	150	(d) Each insurer writing liability insurance as provided for in subsection (a) of this Code121
151	151	section shall submit data showing its direct writing of such liability insurance in this state122
152	152	with the report provided for in Code Section 33-3-21.1.123
153	153	(e) The Commissioner shall adopt rules and regulations as are reasonably necessary to124
154	154	implement this Code section."125
155	155	SECTION 4.126
156	156	All laws and parts of laws in conflict with this Act are repealed.127
157	157	H. B. 64
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