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