Georgia 2025-2026 Regular Session

Georgia House Bill HB711 Compare Versions

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

Old	New	Differences
1	1	25 LC 56 0242
2	2	House Bill 711
3	3	By: Representatives Scott of the 76
4	4	th
5	5	, Davis of the 87
6	6	th
7	7	, and Schofield of the 63
8	8	rd
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	To amend Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to
13	13	1
14	14	offenses against public order and safety, so as to prohibit the possession of devices which2
15	15	attach to firearms to produce rapid fire; to revise and add definitions; to provide for3
16	16	punishment; to provide for exceptions; to provide for conforming changes; to amend Code4
17	17	Section 15-11-2 of the Official Code of Georgia Annotated, relating to definitions relative5
18	18	to the juvenile code, so as to revise a definition; to provide for related matters; to repeal6
19	19	conflicting laws; and for other purposes.7
20	20	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
21	21	SECTION 1.9
22	22	Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against10
23	23	public order and safety, is amended by revising Part 2 of Article 4, relating to possession of11
24	24	dangerous weapons, as follows:12
25	25	"Part 213
26	26	16-11-120.14
27	27	This part shall be known and may be cited as the 'Georgia Firearms and Weapons Act.'15
28	28	H. B. 711
29	29	- 1 - 25 LC 56 0242
30	30	16-11-121.
31	31	16
32	32	As used in this part, the term:17
33	33	(1) 'Dangerous weapon' means any weapon designed to injure or kill multiple personnel
34	34	18
35	35	in quick succession or fire undetected and includes any launcher, machine gun, rapid-fire19
36	36	attachment, sawed-off rifle, sawed-off shotgun, and silencer.20
37	37	(2) 'Launcher' means any weapon commonly known as a 'rocket launcher,' 'bazooka,' or21
38	38	'recoilless rifle' which fires explosive or nonexplosive rockets designed to injure or kill22
39	39	personnel or destroy heavy armor, or any similar weapon used for such purpose. Such23
40	40	term also means The term shall also mean a weapon commonly known as a 'mortar'24
41	41	which fires high explosive from a metallic cylinder and which is commonly used by the25
42	42	armed forces as an antipersonnel weapon or similar weapon used for such purpose. Such26
43	43	term also means The term shall also mean a weapon commonly known as a 'hand27
44	44	grenade' or other similar weapon which is designed to explode and injure personnel or28
45	45	similar weapon used for such purpose.29
46	46	(2)(3) 'Machine gun' means any weapon which shoots or is designed, or is modified30
47	47	through a rapid-fire attachment, to shoot, automatically, more than six shots, without31
48	48	manual reloading, by a single function of the trigger without reloading.32
49	49	(3)(4) 'Person' means any individual, partnership, company, association, or corporation.33
50	50	(5) 'Rapid-fire attachment' means any device designed or redesigned, made or remade34
51	51	to:35
52	52	(A) Replace or supplement a weapon's buttstock or pistol grip and enables, or is36
53	53	designed to enable, such weapon to shoot more than six shots by a single function of37
54	54	the trigger or by recoil of the weapon;38
55	55	(B) Be affixed to the outside of a weapon in order to bump into the trigger and fire39
56	56	rounds in quick succession;40
57	57	(C) Modify a weapon's trigger in order to allow the backward and forward motion of41
58	58	the trigger to each fire a shot; or42
59	59	H. B. 711
60	60	- 2 - 25 LC 56 0242
61	61	(D) Push the trigger back into firing position allowing the shooter to pull the trigger43
62	62	more quickly and in rapid succession.44
63	63	(4)(6) 'Sawed-off rifle' means a weapon designed or redesigned, made or remade, and45
64	64	intended to be fired from the shoulder; and designed or redesigned, made or remade, to46
65	65	use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile47
66	66	through a rifle bore for each single pull of the trigger; and which has a barrel or barrels48
67	67	of less than 16 inches in length or has an overall length of less than 26 inches.49
68	68	(5)(7) 'Sawed-off shotgun' means a shotgun or any weapon made from a shotgun whether50
69	69	by alteration, modification, or otherwise having one or more barrels less than 18 inches51
70	70	in length or if such weapon as modified has an overall length of less than 26 inches.52
71	71	(6)(8) 'Shotgun' means a weapon designed or redesigned, made or remade, and intended53
72	72	to be fired from the shoulder; and designed or redesigned, and made or remade, to use the54
73	73	energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a55
74	74	number of ball shot or a single projectile for each single pull of the trigger.56
75	75	(7)(9) 'Silencer' means any device for silencing or diminishing the report of any portable57
76	76	weapon such as a rifle, carbine, pistol, revolver, machine gun, shotgun, fowling piece, or58
77	77	other device from which a shot, bullet, or projectile may be discharged by an explosive.59
78	78	16-11-122.60
79	79	No person shall have in his or her possession any sawed-off shotgun, sawed-off rifle,61
80	80	machine gun, dangerous weapon, or silencer except as provided in Code62
81	81	Section 16-11-124.63
82	82	16-11-123.64
83	83	A person commits the offense of unlawful possession of firearms or dangerous weapons65
84	84	when he or she knowingly has in his or her possession any sawed-off shotgun, sawed-off66
85	85	H. B. 711
86	86	- 3 - 25 LC 56 0242
87	87	rifle, machine gun, dangerous weapon, or silencer, and, upon conviction thereof, he or she67
88	88	shall be punished by imprisonment for a period of five years.68
89	89	16-11-124.69
90	90	This part shall not apply to:70
91	91	(1) A peace officer of any duly authorized police agency of this state or of any political71
92	92	subdivision thereof, or a law enforcement officer of any department or agency of the72
93	93	United States who is regularly employed and paid by the United States, this state, or any73
94	94	such political subdivision, or an employee of the Department of Corrections of this state74
95	95	who is authorized in writing by the commissioner of corrections to transfer or possess75
96	96	such firearms while in the official performance of his or her duties;76
97	97	(2) A member of the National Guard or of the armed forces of the United States to wit:77
98	98	the army, navy, marine corps, air force, space force, or coast guard who, while serving78
99	99	therein, possesses such firearm in the line of duty;79
100	100	(3) Any sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon, or silencer80
101	101	which has been modified or changed to the extent that it is inoperative. Examples of the81
102	102	requisite modification include weapons with their barrel or barrels filled with lead, hand82
103	103	grenades filled with sand, or other nonexplosive materials;83
104	104	(4) Possession of a sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon,84
105	105	or silencer by a person who is authorized to possess the same because he or she has85
106	106	registered the sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon, or86
107	107	silencer such weapon in accordance with the dictates of the National Firearms Act, 68A87
108	108	Stat. 725 (26 U.S.C. Sections 5841-5862); and88
109	109	(5) A security officer employed by a federally licensed nuclear power facility or a89
110	110	licensee of such facility, including a contract security officer, who is trained and qualified90
111	111	under a security plan approved by the United States Nuclear Regulatory Commission or91
112	112	other federal agency authorized to regulate nuclear facility security; provided, however,92
113	113	H. B. 711
114	114	- 4 - 25 LC 56 0242
115	115	that this exemption shall apply only while such security officer is acting in connection
116	116	93
117	117	with his or her official duties on the premises of such nuclear power facility or on94
118	118	properties outside the facility property pursuant to a written agreement entered into with95
119	119	the local law enforcement agency having jurisdiction over the facility. The exemption96
120	120	under this paragraph does
121	121	shall not include the possession of silencers.97
122	122	16-11-125.98
123	123	In any complaint, accusation, or indictment and in any action or proceeding brought for the99
124	124	enforcement of this part it shall not be necessary to negative any exception, excuse,100
125	125	proviso, or exemption contained in this part, and the burden of proof of any such exception,101
126	126	excuse, proviso, or exemption shall be upon the defendant."102
127	127	SECTION 2.103
128	128	Said chapter is further amended in Code Section 16-11-160, relating to use of machine guns,104
129	129	sawed-off rifles, sawed-off shotguns, or firearms with silencers during commission of certain105
130	130	offenses and enhanced criminal penalties, by revising the introductory language of106
131	131	paragraph (1) of subsection (a) as follows:107
132	132	"(a)(1) It shall be unlawful for any person to possess or to use a machine gun, sawed-off108
133	133	rifle, sawed-off shotgun, or firearm equipped with a silencer, as those terms are109
134	134	dangerous weapon, as defined in Code Section 16-11-121, during the commission or the110
135	135	attempted commission of any of the following offenses:"111
136	136	SECTION 3.112
137	137	Code Section 15-11-2 of the Official Code of Georgia Annotated, relating to definitions113
138	138	relative to the juvenile code, is amended by revising subdivision (13)(N)(i)(II) as follows:114
139	139	"(II) Dangerous weapon or machine gun, as defined in Code Section 16-11-121; or"115
140	140	H. B. 711
141	141	- 5 - 25 LC 56 0242
142	142	SECTION 4.
143	143	116
144	144	All laws and parts of laws in conflict with this Act are repealed.117
145	145	H. B. 711
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