| 1 | 1 | | 25 LC 39 4637 |
|---|
| 2 | 2 | | Senate Bill 231 |
|---|
| 3 | 3 | | By: Senators Anavitarte of the 31st, Gooch of the 51st, Bearden of the 30th, Robertson of the |
|---|
| 4 | 4 | | 29th, Goodman of the 8th and others |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | To amend Code Section 16-11-173 of the Official Code of Georgia Annotated, relating to |
|---|
| 8 | 8 | | 1 |
|---|
| 9 | 9 | | legislative findings, preemption of local regulation and lawsuits relative to firearms, and2 |
|---|
| 10 | 10 | | exceptions, so as to limit liability of a weapons, firearms, or ammunition manufacturer, trade3 |
|---|
| 11 | 11 | | association, owner or operator of a sport shooting range, or dealer for unlawful, intentional,4 |
|---|
| 12 | 12 | | or negligent acts of a third party involving the use of a weapon, firearm, or ammunition or5 |
|---|
| 13 | 13 | | activities relating to such that occur at a sport shooting range; to provide the state with the6 |
|---|
| 14 | 14 | | exclusive right to bring suit against a weapons, firearms, or ammunition manufacturer, trade7 |
|---|
| 15 | 15 | | association, owner or operator of a sport shooting range, or dealer on behalf of any state8 |
|---|
| 16 | 16 | | agency or a local government; to provide for related matters; to repeal conflicting laws; and9 |
|---|
| 17 | 17 | | for other purposes.10 |
|---|
| 18 | 18 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11 |
|---|
| 19 | 19 | | SECTION 1.12 |
|---|
| 20 | 20 | | Code Section 16-11-173 of the Official Code of Georgia Annotated, relating to legislative13 |
|---|
| 21 | 21 | | findings, preemption of local regulation and lawsuits relative to firearms, and exceptions, is14 |
|---|
| 22 | 22 | | amended by revising subsection (b) as follows:15 |
|---|
| 23 | 23 | | S. B. 231 |
|---|
| 24 | 24 | | - 1 - 25 LC 39 4637 |
|---|
| 25 | 25 | | "(b)(1) Except as provided in subsection (c) of this Code section, no county or municipal |
|---|
| 26 | 26 | | 16 |
|---|
| 27 | 27 | | corporation, by zoning, by ordinance or resolution, or by any other means, nor any17 |
|---|
| 28 | 28 | | agency, board, department, commission, political subdivision, school district, or authority18 |
|---|
| 29 | 29 | | of this state, other than the General Assembly, by rule or regulation or by any other19 |
|---|
| 30 | 30 | | means shall regulate in any manner:20 |
|---|
| 31 | 31 | | (A) Gun shows;21 |
|---|
| 32 | 32 | | (B) The possession, ownership, transport, carrying, transfer, sale, purchase, licensing,22 |
|---|
| 33 | 33 | | or registration of firearms or other weapons or components of firearms or other23 |
|---|
| 34 | 34 | | weapons;24 |
|---|
| 35 | 35 | | (C) Firearms dealers or dealers of other weapons; or25 |
|---|
| 36 | 36 | | (D) Dealers in components of firearms or other weapons.26 |
|---|
| 37 | 37 | | (2) A weapons, firearms, or ammunition manufacturer, trade association, owner or |
|---|
| 38 | 38 | | 27 |
|---|
| 39 | 39 | | operator of a sport shooting range, or dealer shall not be held liable as a third party for28 |
|---|
| 40 | 40 | | unlawful, intentional, or negligent acts of another involving the use of a weapon, firearm,29 |
|---|
| 41 | 41 | | or ammunition or activities relating to such that occur at a sport shooting range. The30 |
|---|
| 42 | 42 | | authority to bring suit and right to recover against any weapons, firearms, or ammunition31 |
|---|
| 43 | 43 | | manufacturer, trade association, owner or operator of a sport shooting range, or dealer by32 |
|---|
| 44 | 44 | | or on behalf of any governmental unit created by or pursuant to an Act of the General33 |
|---|
| 45 | 45 | | Assembly or the Constitution, or any department, agency, or authority thereof, for34 |
|---|
| 46 | 46 | | damages, abatement, or injunctive relief resulting from or relating to the lawful design,35 |
|---|
| 47 | 47 | | manufacture, marketing, or sale of weapons, firearms, or ammunition to the public or36 |
|---|
| 48 | 48 | | activities relating to weapons, firearms, or ammunition that occur at a sport shooting37 |
|---|
| 49 | 49 | | range shall be reserved exclusively to the state. This paragraph shall not prohibit a38 |
|---|
| 50 | 50 | | political subdivision or local government authority from bringing an action against a39 |
|---|
| 51 | 51 | | weapons, firearms, or ammunition manufacturer or dealer for breach of contract or40 |
|---|
| 52 | 52 | | express warranty as to weapons, firearms, or ammunition purchased by the political41 |
|---|
| 53 | 53 | | subdivision or local government authority."42 |
|---|
| 54 | 54 | | S. B. 231 |
|---|
| 55 | 55 | | - 2 - 25 LC 39 4637 |
|---|
| 56 | 56 | | SECTION 2. |
|---|
| 57 | 57 | | 43 |
|---|
| 58 | 58 | | All laws and parts of laws in conflict with this Act are repealed.44 |
|---|
| 59 | 59 | | S. B. 231 |
|---|
| 60 | 60 | | - 3 - |
|---|