Georgia 2025-2026 Regular Session

Georgia Senate Bill SB204 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	LC ~~49 2425S~~
2		-	The House Committee on ~~Rules~~ offers the following substitute to SB 204:
	1	+	25 LC 48 1608S
	2	+	The House Committee on Judiciary, Non-Civil offers the following substitute to SB 204:
3	3		A BILL TO BE ENTITLED
4	4		AN ACT
5	5		To amend Titles 16 and 17 of Official Code of Georgia Annotated, relating to crimes and1
6	6		offenses and criminal procedure, respectively, so as to revise certain criminal provisions2
7	7		relating to the authorization of certain public officers and public entities; to revise standards3
8	8		for bringing an action against the government for an unauthorized act relating to regulation4
9	9		of weapons; to provide for definitions; to allow for offenses that are not serious violent5
10	10		felonies, sexual felonies, or other certain offenses to be charged by accusation of the district6
11	11		attorney; to provide for conditions; to provide for related matters; to repeal conflicting laws;7
12	12		and for other purposes.8
13	13		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9
14	14		SECTION 1.10
15	15		Title 16 of the Official Code of Georgia Annotated, relating to Brady Law regulations, is11
16	16		amended by revising Code Section 16-11-173, relating to legislative findings, preemption12
17	17		of local regulation and lawsuits, and exceptions, as follows:13
18	18		"16-11-173.14
19	19		(a) As used in this Code section, the term:15
20		-	- 1 - LC 49 2425S
	20	+	S. B. 204 (SUB)
	21	+	- 1 - 25 LC 48 1608S
21	22		(1) 'Lawful weapons carrier' shall have the same meaning as set forth in Code16
22	23		Section 16-11-125.1.17
23	24		(2) 'Weapon' means any device designed or intended to be used, or capable of being18
24	25		used, for offense or defense, including, but not limited to, firearms, bladed devices, clubs,19
25	26		electric stun devices, and defense sprays.20
26	27		(b)(1) It is declared by the General Assembly that the regulation of firearms and other21
27	28		weapons is properly an issue of general, state-wide concern.22
28	29		(2) The General Assembly further declares that the lawful design, marketing,23
29	30		manufacture, and sale of firearms and ammunition and other weapons to the public is not24
30	31		unreasonably dangerous activity and does not constitute a nuisance per se.25
31	32		(b)(c)(1) Except as otherwise provided in subsection (c) of this Code section, no county26
32	33		or municipal corporation, by zoning, by ordinance or resolution, or by any other means,27
33	34		nor any agency, board, department, commission, political subdivision, school district, or28
34	35		authority of this state, other than the General Assembly, by rule or regulation or by any29
35	36		other means shall regulate in any manner:30
36	37		(A) Gun shows;31
37	38		(B) The possession, ownership, transport, carrying, transfer, sale, purchase, licensing,32
38	39		storage, or registration of firearms or other weapons or components of firearms or other33
39	40		weapons;34
40	41		(C) Firearms dealers or dealers of other weapons; or35
41	42		(D) Dealers in components of firearms or other weapons.36
42	43		(2) The authority to bring suit and right to recover against any weapons, firearms, or37
43	44		ammunition manufacturer, trade association, or dealer by or on behalf of any38
44	45		governmental unit created by or pursuant to an Act of the General Assembly or the39
45	46		Constitution, or any department, agency, or authority thereof, for damages, abatement,40
46	47		or injunctive relief resulting from or relating to the lawful design, manufacture,41
47	48		marketing, or sale of weapons, firearms, or ammunition to the public shall be reserved42
48		-	- 2 - LC 49 2425S
	49	+	S. B. 204 (SUB)
	50	+	- 2 - 25 LC 48 1608S
49	51		exclusively to the state. This paragraph shall not prohibit a political subdivision or local43
50	52		government authority from bringing an action against a weapons, firearms, or44
51	53		ammunition manufacturer or dealer for breach of contract or express warranty as to45
52	54		weapons, firearms, or ammunition purchased by the political subdivision or local46
53	55		government authority.47
54	56		(c)(d)(1) A county or municipal corporation may regulate the transport, carrying, or48
55	57		possession, or storage of firearms by employees of the local unit of government, or by49
56	58		unpaid volunteers of such local unit of government, in the course of their employment or50
57	59		volunteer functions with such local unit of government; provided, however, that the51
58	60		sheriff or chief of police shall be solely responsible for regulating and determining the52
59	61		possession, carrying, and transportation, and storage of firearms and other weapons by53
60	62		employees under his or her respective supervision so long as such regulations comport54
61	63		with state and federal law.55
62	64		(2) The commanding officer of any law enforcement agency shall regulate and determine56
63	65		the possession, carrying, and transportation, and storage of firearms and other weapons57
64	66		by employees under his or her supervision so long as such regulations comport with state58
65	67		and federal law.59
66	68		(3) The district attorney, and the solicitor-general in counties where there is a state court,60
67	69		shall regulate and determine the possession, carrying, and transportation, and storage of61
68	70		firearms and other weapons by county employees under his or her supervision so long as62
69	71		such regulations comport with state and federal law.63
70	72		(d)(e) Nothing contained in this Code section shall prohibit municipalities or counties, by64
71	73		ordinance or resolution, from requiring the ownership of guns by heads of households65
72	74		within the political subdivision.66
73	75		(e)(f) Nothing contained in this Code section shall prohibit municipalities or counties, by67
74	76		ordinance or resolution, from reasonably limiting or prohibiting the discharge of firearms68
75	77		within the boundaries of the municipal corporation or county.69
76		-	- 3 - LC 49 2425S
	78	+	S. B. 204 (SUB)
	79	+	- 3 - 25 LC 48 1608S
77	80		(f) As used in this Code section, the term 'weapon' means any device designed or intended70
78	81		to be used, or capable of being used, for offense or defense, including but not limited to71
79	82		firearms, bladed devices, clubs, electric stun devices, and defense sprays.72
80	83		(g) Any person aggrieved as a result of a violation of this Code section may bring an73
81	84		action against the person who caused such aggrievement. The aggrieved person shall be74
82	85		entitled to reasonable attorney's fees and expenses of litigation and may recover or obtain75
83	86		against the person who caused such damages any of the following:76
84	87		(1) Actual damages or $100.00, whichever is greater;77
85	88		(2) Equitable relief, including, but not limited to, an injunction or restitution of money78
86	89		and property; and79
87		-	(3) Any other relief which the court deems proper.80
88		-	(g) Any individual who is a lawful weapons carrier who is or has been subject to or81
89		-	aggrieved by an act, rule, regulation, ordinance, or resolution in violation of this Code82
90		-	section shall have standing to bring:83
91		-	(1) An action in mandamus or other legal proceeding against a public entity or public84
92		-	officer in his or her official capacity to obtain declaratory or injunctive relief. A85
93		-	prevailing plaintiff in such action shall be entitled to recover his or her costs in such86
94		-	action, including reasonable attorney's fees; or87
95		-	(2) A civil action when such individual suffers personal, property, or economic damage88
96		-	and recover the greater of:89
97		-	(A) Actual damages or $25,000.00, whichever is greater, plus the expenses of litigation90
98		-	and reasonable attorney's fees; or91
99		-	(B) Liquidated damages of three times the expenses of litigation and reasonable92
100		-	attorney's fees.93
101		-	(h) Any action brought pursuant to this Code section shall be brought within one year of94
102		-	the enforcement of a rule, regulation, ordinance, or resolution that violates this Code95
103		-	section in the superior court of the county in which the violation occurred."96
104		-	- 4 - LC 49 2425S
105		-	SECTION 2.97
106		-	Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is98
107		-	amended by revising subsection (a) of Code Section 17-7-70.1, relating to trial upon99
108		-	accusations in certain felony and misdemeanor cases and trial upon plea of guilty or nolo100
109		-	contendere, as follows:101
110		-	"(a) As used in this Code section, the term:102
111		-	(1) 'Serious violent felony' shall have the same meaning as set forth in Code103
112		-	Section 17-10-6.1.104
113		-	(2) 'Sexual felony' shall have the same meaning as set forth in Code Section 16-5-21.105
114		-	(1) In felony cases involving violations of the following:106
115		-	(A) Code Sections 16-8-2, 16-8-14, 16-8-18, 16-9-1, 16-9-20, 16-9-31, 16-9-33,107
116		-	16-9-37, 16-10-52, and 40-5-58;108
117		-	(B) Article 1 of Chapter 8 of Title 16, relating to theft;109
118		-	(C) Chapter 9 of Title 16, relating to forgery and fraudulent practices;110
119		-	(D) Article 3 of Chapter 10 of Title 16, relating to escape and other offenses related to111
120		-	confinement;112
121		-	(E) Code Section 16-11-131, relating to possession of a firearm by a convicted felon113
122		-	or first offender probationer; or114
123		-	(F) Code Section 16-13-30, relating to the purchase, possession, manufacture,115
124		-	distribution, or sale of controlled substances or marijuana,116
125		-	in which defendants have either been bound over to the superior court based on a finding117
126		-	of probable cause pursuant to a commitment hearing under Article 2 of this chapter or118
127		-	have expressly or by operation of law waived a commitment hearing, the district attorney119
128		-	shall have authority to prefer accusations, and the defendants shall be tried on such120
129		-	accusations according to the same rules of substantive and procedural laws relating to121
130		-	defendants who have been indicted by a grand jury.122
131		-	- 5 - LC 49 2425S
132		-	(2) All laws relating to rights and responsibilities attendant to indicted cases shall be123
133		-	applicable to cases brought by accusations signed by the district attorney.124
134		-	(3) The accusation need not be supported by an affidavit except in those cases in which125
135		-	the defendant has not been previously arrested in conjunction with the transaction126
136		-	charged in the accusation or when the accusation is to be used as the basis for the127
137		-	issuance of an arrest warrant.128
138		-	(a.1)(1) Notwithstanding any other law to the contrary, the district attorney shall have129
139		-	the authority to prefer accusations, and the accused shall be tried on such accusations130
140		-	according to the same rules of substantive and procedural laws relating to defendants who131
141		-	have been indicted by a grand jury for any felony other than a serious violent felony, a132
142		-	sexual felony, or violations of Code Section 16-11-173, 16-14-4, or 16-15-4, in which the133
143		-	accused has:134
144		-	(A) Been bound over to the superior court based on a finding of probable cause135
145		-	pursuant to a commitment hearing under Article 2 of this chapter;136
146		-	(B) Expressly or by operation of law waived a commitment hearing; or137
147		-	(C) Been released on bond pending a commitment hearing.138
148		-	(2) All laws relating to the rights and responsibilities attendant to indicted cases shall be139
149		-	applicable to cases charged by accusation signed by the district attorney.140
150		-	(3) The accusation need not be supported by affidavit except in cases where the141
151		-	defendant has not been previously arrested in conjunction with the actions alleged in the142
152		-	accusation or when the accusation is to be used as the basis for the issuance of an arrest143
153		-	warrant."144
154		-	SECTION 3.145
155		-	All laws and parts of laws in conflict with this Act are repealed.146
156		-	- 6 -
	90	+	(3) Any other relief which the court deems proper. Any individual who is a lawful80
	91	+	weapons carrier who is or has been aggrieved by a rule, regulation, ordinance, or81
	92	+	resolution in violation of this Code section shall have standing to bring:82
	93	+	(1) An action against a public entity or public officer in his or her official capacity to83
	94	+	obtain declaratory or injunctive relief. A prevailing plaintiff in such action shall be84
	95	+	entitled to recover his or her costs in such action, including reasonable attorney's fees; or85
	96	+	(2) A civil action when such individual suffers personal, property, or economic damage86
	97	+	and recover actual damages not to exceed $25,000.00, plus the expenses of litigation and87
	98	+	reasonable attorney's fees.88
	99	+	(h) Any action brought pursuant to this Code section shall be brought within one year of89
	100	+	the enforcement of a rule, regulation, ordinance, or resolution that violates this Code90
	101	+	section in the superior court of the county in which the violation occurred."91
	102	+	SECTION 2.92
	103	+	Code Section 17-7-70.1 of the Official Code of Georgia Annotated, relating to trial upon93
	104	+	accusations in certain felony and misdemeanor cases and trial upon plea of guilty or nolo94
	105	+	contendere, is amended by adding new subsections to read as follows:95
	106	+	S. B. 204 (SUB)
	107	+	- 4 - 25 LC 48 1608S
	108	+	"(a.1)(1) As used in this Code section, the term:96
	109	+	(1) 'Serious violent felony' shall have the same meaning as set forth in Code97
	110	+	Section 17-10-6.1.98
	111	+	(2) 'Sexual felony' shall have the same meaning as set forth in Code Section 16-5-21.99
	112	+	(a.2)(1) Notwithstanding any other law to the contrary, the district attorney shall have100
	113	+	the authority to prefer accusations in any case where the accused has a prior conviction101
	114	+	or upon a second offense, and the accused shall be tried on such accusations according102
	115	+	to the same rules of substantive and procedural laws relating to defendants who have been103
	116	+	indicted by a grand jury for any felony other than a serious violent felony, a sexual104
	117	+	felony, or violations of Code Section 16-11-173, 16-14-4, or 16-15-4, in which the105
	118	+	accused has:106
	119	+	(A) Been bound over to the superior court based on a finding of probable cause107
	120	+	pursuant to a commitment hearing under Article 2 of this chapter;108
	121	+	(B) Expressly or by operation of law waived a commitment hearing; or109
	122	+	(C) Been released on bond pending a commitment hearing.110
	123	+	(2) All laws relating to the rights and responsibilities attendant to indicted cases shall be111
	124	+	applicable to cases charged by accusation signed by the district attorney.112
	125	+	(3) The accusation need not be supported by affidavit except in cases where the113
	126	+	defendant has not been previously arrested in conjunction with the actions alleged in the114
	127	+	accusation or when the accusation is to be used as the basis for the issuance of an arrest115
	128	+	warrant."116
	129	+	SECTION 3.117
	130	+	All laws and parts of laws in conflict with this Act are repealed.118
	131	+	S. B. 204 (SUB)
	132	+	- 5 -