| 16 | | - | The General Assembly recognizes the importance of securing firearms for lawful purposes. |
|---|
| 17 | | - | 8 |
|---|
| 18 | | - | Section 2.9 |
|---|
| 19 | | - | Part 5 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated,10 |
|---|
| 20 | | - | relating to Brady Law regulations, is amended by revising Code Section 16-11-173, relating11 |
|---|
| 21 | | - | to legislative findings, preemption of local regulation and lawsuits, and exceptions, as12 |
|---|
| 22 | | - | follows:13 |
|---|
| 23 | | - | "16-11-173.14 |
|---|
| 24 | | - | (a) As used in this Code section, the term:15 |
|---|
| 25 | | - | S. B. 163 |
|---|
| 26 | | - | - 1 - 25 SB 163/CSFA |
|---|
| 27 | | - | (1) 'Lawful weapons carrier' shall have the same meaning as set forth in Code16 |
|---|
| 28 | | - | Section 16-11-125.1.17 |
|---|
| 29 | | - | (2) 'Weapon' means any device designed or intended to be used, or capable of being18 |
|---|
| 30 | | - | used, for offense or defense, including but not limited to firearms, bladed devices, clubs,19 |
|---|
| 31 | | - | electric stun devices, and defense sprays.20 |
|---|
| 32 | | - | (b)(1) It is declared by the General Assembly that the regulation of firearms and other21 |
|---|
| 33 | | - | weapons is properly an issue of general, state-wide concern.22 |
|---|
| 34 | | - | (2) The General Assembly further declares that the lawful design, marketing,23 |
|---|
| 35 | | - | manufacture, and sale of firearms and ammunition and other weapons to the public is not24 |
|---|
| 36 | | - | unreasonably dangerous activity and does not constitute a nuisance per se.25 |
|---|
| 37 | | - | (b)(c)(1) Except as otherwise provided in subsection (c) of this Code section, no county26 |
|---|
| 38 | | - | or municipal corporation, by zoning, by ordinance or resolution, or by any other means,27 |
|---|
| 39 | | - | nor any agency, board, department, commission, political subdivision, school district, or28 |
|---|
| 40 | | - | authority of this state, other than the General Assembly, by rule or regulation or by any29 |
|---|
| 41 | | - | other means shall regulate in any manner:30 |
|---|
| 42 | | - | (A) Gun shows;31 |
|---|
| 43 | | - | (B) The possession, ownership, transport, carrying, transfer, sale, purchase, licensing,32 |
|---|
| 44 | | - | storage, or registration of firearms or other weapons or components of firearms or other33 |
|---|
| 45 | | - | weapons;34 |
|---|
| 46 | | - | (C) Firearms dealers or dealers of other weapons; or35 |
|---|
| 47 | | - | (D) Dealers in components of firearms or other weapons.36 |
|---|
| 48 | | - | (2) The authority to bring suit and right to recover against any weapons, firearms, or37 |
|---|
| 49 | | - | ammunition manufacturer, trade association, or dealer by or on behalf of any38 |
|---|
| 50 | | - | governmental unit created by or pursuant to an Act of the General Assembly or the39 |
|---|
| 51 | | - | Constitution, or any department, agency, or authority thereof, for damages, abatement,40 |
|---|
| 52 | | - | or injunctive relief resulting from or relating to the lawful design, manufacture,41 |
|---|
| 53 | | - | marketing, or sale of weapons, firearms, or ammunition to the public shall be reserved42 |
|---|
| 54 | | - | S. B. 163 |
|---|
| 55 | | - | - 2 - 25 SB 163/CSFA |
|---|
| 56 | | - | exclusively to the state. This paragraph shall not prohibit a political subdivision or local |
|---|
| 57 | | - | 43 |
|---|
| 58 | | - | government authority from bringing an action against a weapons, firearms, or44 |
|---|
| 59 | | - | ammunition manufacturer or dealer for breach of contract or express warranty as to45 |
|---|
| 60 | | - | weapons, firearms, or ammunition purchased by the political subdivision or local46 |
|---|
| 61 | | - | government authority.47 |
|---|
| 62 | | - | (c) |
|---|
| 63 | | - | (d)(1) A county or municipal corporation may regulate the transport, carrying, or48 |
|---|
| 64 | | - | possession of firearms by employees of the local unit of government, or by unpaid49 |
|---|
| 65 | | - | volunteers of such local unit of government, in the course of their employment or50 |
|---|
| 66 | | - | volunteer functions with such local unit of government; provided, however, that the51 |
|---|
| 67 | | - | sheriff or chief of police shall be solely responsible for regulating and determining the52 |
|---|
| 68 | | - | possession, carrying, and transportation of firearms and other weapons by employees53 |
|---|
| 69 | | - | under his or her respective supervision so long as such regulations comport with state and54 |
|---|
| 70 | | - | federal law.55 |
|---|
| 71 | | - | (2) The commanding officer of any law enforcement agency shall regulate and determine56 |
|---|
| 72 | | - | the possession, carrying, and transportation of firearms and other weapons by employees57 |
|---|
| 73 | | - | under his or her supervision so long as such regulations comport with state and federal58 |
|---|
| 74 | | - | law.59 |
|---|
| 75 | | - | (3) The district attorney, and the solicitor-general in counties where there is a state court,60 |
|---|
| 76 | | - | shall regulate and determine the possession, carrying, and transportation of firearms and61 |
|---|
| 77 | | - | other weapons by county employees under his or her supervision so long as such62 |
|---|
| 78 | | - | regulations comport with state and federal law.63 |
|---|
| 79 | | - | (d)(e) Nothing contained in this Code section shall prohibit municipalities or counties, by64 |
|---|
| 80 | | - | ordinance or resolution, from requiring the ownership of guns by heads of households65 |
|---|
| 81 | | - | within the political subdivision.66 |
|---|
| 82 | | - | (e)(f) Nothing contained in this Code section shall prohibit municipalities or counties, by67 |
|---|
| 83 | | - | ordinance or resolution, from reasonably limiting or prohibiting the discharge of firearms68 |
|---|
| 84 | | - | within the boundaries of the municipal corporation or county.69 |
|---|
| 85 | | - | S. B. 163 |
|---|
| 86 | | - | - 3 - 25 SB 163/CSFA |
|---|
| 87 | | - | (f) As used in this Code section, the term 'weapon' means any device designed or intended70 |
|---|
| 88 | | - | to be used, or capable of being used, for offense or defense, including but not limited to71 |
|---|
| 89 | | - | firearms, bladed devices, clubs, electric stun devices, and defense sprays.72 |
|---|
| 90 | | - | (g) Any person aggrieved as a result of a violation of this Code section may bring an73 |
|---|
| 91 | | - | action against the person who caused such aggrievement. The aggrieved person shall be74 |
|---|
| 92 | | - | entitled to reasonable attorney's fees and expenses of litigation and may recover or obtain75 |
|---|
| 93 | | - | against the person who caused such damages any of the following:76 |
|---|
| 94 | | - | (1) Actual damages or $100.00, whichever is greater;77 |
|---|
| 95 | | - | (2) Equitable relief, including, but not limited to, an injunction or restitution of money78 |
|---|
| 96 | | - | and property; and79 |
|---|
| 97 | | - | (3) Any other relief which the court deems proper Any individual who is a lawful80 |
|---|
| 98 | | - | weapons carrier who is or has been subject to an act, rule, regulation, ordinance, or81 |
|---|
| 99 | | - | resolution in violation of this Code section shall have standing to bring:82 |
|---|
| 100 | | - | (1) An action in mandamus or other legal proceeding against a public entity or public83 |
|---|
| 101 | | - | officer in his or her official capacity to obtain declaratory or injunctive relief. A84 |
|---|
| 102 | | - | prevailing plaintiff in such action shall be entitled to recover his or her costs in such85 |
|---|
| 103 | | - | action, including reasonable attorney's fees; or86 |
|---|
| 104 | | - | (2) A civil action when such individual suffers personal, property, or economic damage87 |
|---|
| 105 | | - | and recover the greater of:88 |
|---|
| 106 | | - | (A) Actual damages or $50,000.00, whichever is greater, plus the expenses of litigation89 |
|---|
| 107 | | - | and reasonable attorney's fees; or90 |
|---|
| 108 | | - | (B) Liquidated damages of three times the expenses of litigation and reasonable91 |
|---|
| 109 | | - | attorney's fees.92 |
|---|
| 110 | | - | (h) Any action brought pursuant to this Code section shall be brought in the superior court93 |
|---|
| 111 | | - | of the county in which the violation occurred and within one year of such violation."94 |
|---|
| 112 | | - | SECTION 2.95 |
|---|
| 113 | | - | S. B. 163 |
|---|
| 114 | | - | - 4 - 25 SB 163/CSFA |
|---|
| 115 | | - | All laws and parts of laws in conflict with this Act are repealed. |
|---|
| 116 | | - | 96 |
|---|
| 117 | | - | S. B. 163 |
|---|
| 13 | + | Part 5 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated,8 |
|---|
| 14 | + | relating to Brady Law regulations, is amended by revising Code Section 16-11-173, relating9 |
|---|
| 15 | + | to legislative findings, preemption of local regulation and lawsuits, and exceptions, as10 |
|---|
| 16 | + | follows:11 |
|---|
| 17 | + | "16-11-173.12 |
|---|
| 18 | + | (a) As used in this Code section, the term:13 |
|---|
| 19 | + | (1) 'Lawful weapons carrier' shall have the same meaning as set forth in Code14 |
|---|
| 20 | + | Section 16-11-125.1.15 |
|---|
| 21 | + | - 1 - 25 LC 49 2287S |
|---|
| 22 | + | (2) 'Weapon' means any device designed or intended to be used, or capable of being16 |
|---|
| 23 | + | used, for offense or defense, including but not limited to firearms, bladed devices, clubs,17 |
|---|
| 24 | + | electric stun devices, and defense sprays.18 |
|---|
| 25 | + | (b)(1) It is declared by the General Assembly that the regulation of firearms and other19 |
|---|
| 26 | + | weapons is properly an issue of general, state-wide concern.20 |
|---|
| 27 | + | (2) The General Assembly further declares that the lawful design, marketing,21 |
|---|
| 28 | + | manufacture, and sale of firearms and ammunition and other weapons to the public is not22 |
|---|
| 29 | + | unreasonably dangerous activity and does not constitute a nuisance per se.23 |
|---|
| 30 | + | (b)(c)(1) Except as otherwise provided in subsection (c) of this Code section, no county24 |
|---|
| 31 | + | or municipal corporation, by zoning, by ordinance or resolution, or by any other means,25 |
|---|
| 32 | + | nor any agency, board, department, commission, political subdivision, school district, or26 |
|---|
| 33 | + | authority of this state, other than the General Assembly, by rule or regulation or by any27 |
|---|
| 34 | + | other means shall regulate in any manner:28 |
|---|
| 35 | + | (A) Gun shows;29 |
|---|
| 36 | + | (B) The possession, ownership, transport, carrying, transfer, sale, purchase, licensing,30 |
|---|
| 37 | + | storage, or registration of firearms or other weapons or components of firearms or other31 |
|---|
| 38 | + | weapons;32 |
|---|
| 39 | + | (C) Firearms dealers or dealers of other weapons; or33 |
|---|
| 40 | + | (D) Dealers in components of firearms or other weapons.34 |
|---|
| 41 | + | (2) The authority to bring suit and right to recover against any weapons, firearms, or35 |
|---|
| 42 | + | ammunition manufacturer, trade association, or dealer by or on behalf of any36 |
|---|
| 43 | + | governmental unit created by or pursuant to an Act of the General Assembly or the37 |
|---|
| 44 | + | Constitution, or any department, agency, or authority thereof, for damages, abatement,38 |
|---|
| 45 | + | or injunctive relief resulting from or relating to the lawful design, manufacture,39 |
|---|
| 46 | + | marketing, or sale of weapons, firearms, or ammunition to the public shall be reserved40 |
|---|
| 47 | + | exclusively to the state. This paragraph shall not prohibit a political subdivision or local41 |
|---|
| 48 | + | government authority from bringing an action against a weapons, firearms, or42 |
|---|
| 49 | + | - 2 - 25 LC 49 2287S |
|---|
| 50 | + | ammunition manufacturer or dealer for breach of contract or express warranty as to43 |
|---|
| 51 | + | weapons, firearms, or ammunition purchased by the political subdivision or local44 |
|---|
| 52 | + | government authority.45 |
|---|
| 53 | + | (c)(d)(1) A county or municipal corporation may regulate the transport, carrying, or46 |
|---|
| 54 | + | possession of firearms by employees of the local unit of government, or by unpaid47 |
|---|
| 55 | + | volunteers of such local unit of government, in the course of their employment or48 |
|---|
| 56 | + | volunteer functions with such local unit of government; provided, however, that the49 |
|---|
| 57 | + | sheriff or chief of police shall be solely responsible for regulating and determining the50 |
|---|
| 58 | + | possession, carrying, and transportation of firearms and other weapons by employees51 |
|---|
| 59 | + | under his or her respective supervision so long as such regulations comport with state and52 |
|---|
| 60 | + | federal law.53 |
|---|
| 61 | + | (2) The commanding officer of any law enforcement agency shall regulate and determine54 |
|---|
| 62 | + | the possession, carrying, and transportation of firearms and other weapons by employees55 |
|---|
| 63 | + | under his or her supervision so long as such regulations comport with state and federal56 |
|---|
| 64 | + | law.57 |
|---|
| 65 | + | (3) The district attorney, and the solicitor-general in counties where there is a state court,58 |
|---|
| 66 | + | shall regulate and determine the possession, carrying, and transportation of firearms and59 |
|---|
| 67 | + | other weapons by county employees under his or her supervision so long as such60 |
|---|
| 68 | + | regulations comport with state and federal law.61 |
|---|
| 69 | + | (d)(e) Nothing contained in this Code section shall prohibit municipalities or counties, by62 |
|---|
| 70 | + | ordinance or resolution, from requiring the ownership of guns by heads of households63 |
|---|
| 71 | + | within the political subdivision.64 |
|---|
| 72 | + | (e)(f) Nothing contained in this Code section shall prohibit municipalities or counties, by65 |
|---|
| 73 | + | ordinance or resolution, from reasonably limiting or prohibiting the discharge of firearms66 |
|---|
| 74 | + | within the boundaries of the municipal corporation or county.67 |
|---|
| 75 | + | - 3 - 25 LC 49 2287S |
|---|
| 76 | + | (f) As used in this Code section, the term 'weapon' means any device designed or intended68 |
|---|
| 77 | + | to be used, or capable of being used, for offense or defense, including but not limited to69 |
|---|
| 78 | + | firearms, bladed devices, clubs, electric stun devices, and defense sprays.70 |
|---|
| 79 | + | (g) Any person aggrieved as a result of a violation of this Code section may bring an71 |
|---|
| 80 | + | action against the person who caused such aggrievement. The aggrieved person shall be72 |
|---|
| 81 | + | entitled to reasonable attorney's fees and expenses of litigation and may recover or obtain73 |
|---|
| 82 | + | against the person who caused such damages any of the following:74 |
|---|
| 83 | + | (1) Actual damages or $100.00, whichever is greater;75 |
|---|
| 84 | + | (2) Equitable relief, including, but not limited to, an injunction or restitution of money76 |
|---|
| 85 | + | and property; and77 |
|---|
| 86 | + | (3) Any other relief which the court deems proper Any individual who is a lawful78 |
|---|
| 87 | + | weapons carrier who is or has been subject to an act, rule, regulation, ordinance, or79 |
|---|
| 88 | + | resolution in violation of this Code section shall have standing to bring:80 |
|---|
| 89 | + | (1) An action in mandamus or other legal proceeding against a public entity or public81 |
|---|
| 90 | + | officer in his or her official capacity to obtain declaratory or injunctive relief. A82 |
|---|
| 91 | + | prevailing plaintiff in such action shall be entitled to recover his or her costs in such83 |
|---|
| 92 | + | action, including reasonable attorney's fees; or84 |
|---|
| 93 | + | (2) A civil action when such individual suffers personal, property, or economic damage85 |
|---|
| 94 | + | and recover the greater of:86 |
|---|
| 95 | + | (A) Actual damages or $50,000.00, whichever is greater, plus the expenses of litigation87 |
|---|
| 96 | + | and reasonable attorney's fees; or88 |
|---|
| 97 | + | (B) Liquidated damages of three times the expenses of litigation and reasonable89 |
|---|
| 98 | + | attorney's fees.90 |
|---|
| 99 | + | (h) Any action brought pursuant to this Code section shall be brought in the superior court91 |
|---|
| 100 | + | of the county in which the violation occurred and within one year of such violation."92 |
|---|
| 101 | + | SECTION 2.93 |
|---|
| 102 | + | - 4 - 25 LC 49 2287S |
|---|
| 103 | + | All laws and parts of laws in conflict with this Act are repealed.94 |
|---|