Georgia 2025-2026 Regular Session

Georgia Senate Bill SB66 Compare Versions

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

Old	New	Differences
1	1	25 LC 57 0186
2	2	Senate Bill 66
3	3	By: Senators Parent of the 44th, Jones II of the 22nd, Jackson of the 41st, Esteves of the 35th,
4	4	Orrock of the 36th and others
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	To amend Titles 16 and 19 of the Official Code of Georgia Annotated, relating to crimes and
8	8	1
9	9	offenses and to domestic relations, respectively, so as to prohibit persons convicted of2
10	10	misdemeanor crimes of family violence from receiving, possessing, or transporting a firearm3
11	11	and to prohibit persons subject to family violence protective orders from receiving,4
12	12	possessing, or transporting a firearm; to provide for definitions; to provide an effective date5
13	13	and applicability; to provide for related matters; to repeal conflicting laws; and for other6
14	14	purposes.7
15	15	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
16	16	SECTION 1.9
17	17	Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is10
18	18	amended in Code Section 16-5-20, relating to simple assault, by revising subsection (e) as11
19	19	follows:12
20	20	"(e) Upon conviction of simple assault under paragraph (1) of subsection (a) of this Code
21	21	13
22	22	section, or, if the offense involves a firearm, under paragraph (2) of subsection (a) of this14
23	23	Code section, that is committed between past or present spouses, persons who are parents15
24	24	of the same child, parents and children, stepparents and stepchildren, foster parents and16
25	25	S. B. 66
26	26	- 1 - 25 LC 57 0186
27	27	foster children, or other persons living or formerly living in the same household, the court17
28	28	shall inform the offender orally and in writing that such offender is prohibited from18
29	29	receiving, possessing, or transporting a firearm under subsection (b) of Code19
30	30	Section 16-11-131, indicate such prohibition on the record of conviction, order such20
31	31	offender orally and in writing to transfer any and all firearms in his or her possession or21
32	32	control, and ensure transfer is made as provided under subsection (b.1) of Code Section22
33	33	16-11-131 Reserved."23
34	34	SECTION 2.24
35	35	Said title is further amended in Code Section 16-5-23, relating to simple battery, by revising25
36	36	subsection (g) as follows:26
37	37	"(g) If the offense of simple battery is committed between past or present spouses, persons27
38	38	who are parents of the same child, parents and children, stepparents and stepchildren, foster28
39	39	parents and foster children, or other persons living or formerly living in the same29
40	40	household, the court, upon conviction, shall inform such offender orally and in writing that30
41	41	the offender is prohibited from receiving, possessing, or transporting a firearm under31
42	42	subsection (b) of Code Section 16-11-131, indicate such prohibition on the record of32
43	43	conviction, order such offender orally and in writing to transfer any and all firearms in his33
44	44	or her possession or control, and ensure transfer is made as provided under subsection (b.1)34
45	45	of Code Section 16-11-131 Reserved."35
46	46	SECTION 3.36
47	47	Said title is further amended in Code Section 16-5-23.1, relating to battery, by adding a new37
48	48	subsection to read as follows:38
49	49	"(f.1) If the offense of battery is committed between past or present spouses, persons who39
50	50	are parents of the same child, parents and children, stepparents and stepchildren, foster40
51	51	parents and foster children, or other persons living or formerly living in the same41
52	52	S. B. 66
53	53	- 2 - 25 LC 57 0186
54	54	household, the court, upon conviction, shall inform such offender orally and in writing that42
55	55	such offender is prohibited from receiving, possessing, or transporting a firearm under43
56	56	subsection (b) of Code Section 16-11-131, indicate such prohibition on the record of44
57	57	conviction, order such offender orally and in writing to transfer any and all firearms in his45
58	58	or her possession or control, and ensure transfer is made as provided under subsection (b.1)46
59	59	of Code Section 16-11-131."47
60	60	SECTION 4.48
61	61	Said title is further amended by revising Code Section 16-11-102, relating to pointing or49
62	62	aiming a gun or pistol at another, as follows:50
63	63	"16-11-102.51
64	64	(a) A person is guilty of a misdemeanor when he or she intentionally and without legal52
65	65	justification points or aims a gun or pistol at another, whether the gun or pistol is loaded53
66	66	or unloaded.54
67	67	(b) If the offense of pointing or aiming a gun or pistol at another is committed between55
68	68	past or present spouses, persons who are parents of the same child, parents and children,56
69	69	stepparents and stepchildren, foster parents and foster children, or other persons living or57
70	70	formerly living in the same household, the court, upon conviction, shall inform such58
71	71	offender orally and in writing that such offender is prohibited from receiving, possessing,59
72	72	or transporting a firearm under subsection (b) of Code Section 16-11-131, indicate the60
73	73	prohibition on the record of conviction, order such offender orally and in writing to transfer61
74	74	any and all firearms in his or her possession or control, and ensure transfer is made as62
75	75	provided under subsection (b.1) of Code Section 16-11-131."63
76	76	S. B. 66
77	77	- 3 - 25 LC 57 0186
78	78	SECTION 5.
79	79	64
80	80	Said title is further amended in Code Section 16-11-131, relating to possession of firearms65
81	81	by convicted felons and first offender probationers, by revising subsections (a), (b), and (b.1)66
82	82	and by adding a new subsection to read as follows:67
83	83	"16-11-131.68
84	84	(a) As used in this Code section, the term:69
85	85	(1) 'Family violence protective order' means an order issued under Code Section 19-13-4
86	86	70
87	87	or an equivalent order in this state or elsewhere that was issued after the restrained person71
88	88	received notice of the proceedings and an opportunity to be heard.72
89	89	(1)(2) 'Felony' means any offense punishable by imprisonment for a term of one year or73
90	90	more and includes conviction by a court-martial under the Uniform Code of Military74
91	91	Justice for an offense which would constitute a felony under the laws of the United75
92	92	States.76
93	93	(2)(3) 'Firearm' includes any a handgun, rifle, shotgun, or other weapon which will or77
94	94	can be converted to expel a projectile by the action of an explosive or electrical charge.78
95	95	(4) 'Misdemeanor crime of family violence' means any offense provided for under Code79
96	96	Section 16-5-20, 16-5-23, 16-5-23.1, or 16-11-102 that:80
97	97	(A) Is committed between past or present spouses, persons who are parents of the same81
98	98	child, parents and children, stepparents and stepchildren, foster parents and foster82
99	99	children, or other persons living in or formerly living in the same household; and83
100	100	(B) Involves the use or attempted use of physical force or the use or threatened use of84
101	101	a firearm.85
102	102	(b) Any person who is on probation as a felony first offender pursuant to Article 3 of86
103	103	Chapter 8 of Title 42, who is on probation and was sentenced for a felony under87
104	104	subsection (a) or (c) of Code Section 16-13-2, or who is subject to a family violence88
105	105	protective order, or who has been convicted of a misdemeanor offense of family violence,89
106	106	or a felony by a court of this state or any other state; by a court of the United States90
107	107	S. B. 66
108	108	- 4 - 25 LC 57 0186
109	109	including its territories, possessions, and dominions; or by a court of any foreign nation and
110	110	91
111	111	who receives, possesses, or transports any
112	112	a firearm commits a felony and, upon conviction92
113	113	thereof, shall be imprisoned for not less than one year nor more than ten years; provided,93
114	114	however, that upon a second or subsequent conviction, such person shall be imprisoned for94
115	115	not less than five nor more than ten years; provided, further, that if the felony for which the95
116	116	person is on probation or has been previously convicted is a forcible felony, then upon96
117	117	conviction of receiving, possessing, or transporting a firearm, such person shall be97
118	118	imprisoned for a period of five years.98
119	119	(b.1)(1) Upon entering a conviction for a misdemeanor crime of family violence, a court99
120	120	shall immediately:100
121	121	(A) Inform such offender orally and in writing that, pursuant to subsection (b) of this101
122	122	Code section, the offender shall not receive, possess, or transport any firearm;102
123	123	(B) Order such offender orally and in writing to surrender all firearms in the offender's103
124	124	possession, within 24 hours of the order to a federally licensed firearms dealer;104
125	125	(C) Provide such offender the opportunity to attest orally and in writing that he or she105
126	126	at the time of the conviction, has no firearms in his or her possession or control; and106
127	127	(D) If such offender does not attest orally and in writing as provided in107
128	128	subparagraph (C) of this paragraph, schedule a hearing to occur within 72 hours, during108
129	129	which time the offender shall either:109
130	130	(i) Present a receipt showing that any firearms in the offender's possession or control110
131	131	at the time of conviction were physically surrendered to a federally licensed firearms111
132	132	dealer and attest orally and in writing that such firearms have been physically112
133	133	surrendered to a federally licensed firearms dealer and that the offender, at the time113
134	134	of the hearing, has no firearms in the offender's possession or control; or114
135	135	(ii) Attest orally and in writing that the offender, at the time of the conviction, had115
136	136	no firearms in his or her possession or control and, at the time of the hearing, has no116
137	137	firearm in his or her possession or control.117
138	138	S. B. 66
139	139	- 5 - 25 LC 57 0186
140	140	(2) An offender transporting a firearm to surrender in accordance with this subsection118
141	141	shall not be subject to prosecution under subsection (b) of this Code section.119
142	142	(b.2) Any person who is prohibited by this Code section from possessing a firearm because120
143	143	of conviction of a forcible felony or because of being on probation as a first offender or121
144	144	under conditional discharge for a forcible felony and who attempts to purchase or obtain122
145	145	transfer of a firearm shall be guilty of a felony and upon conviction shall be punished by123
146	146	imprisonment for not less than one year nor more than five years; provided, however, that124
147	147	upon a second or subsequent conviction, such person shall be punished by imprisonment125
148	148	for not less than five nor more than ten years."126
149	149	SECTION 6.127
150	150	Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is128
151	151	amended in Code Section 19-13-4, relating to family violence protective orders and consent129
152	152	agreements, by adding a new subsection to read as follows:130
153	153	"(a.1)(1) An order issued pursuant to subsection (a) of this Code section that was granted131
154	154	after notice was provided to the respondent and after such respondent was given an132
155	155	opportunity to be heard shall prohibit such respondent from receiving, possessing, or133
156	156	transporting a firearm. Upon issuance of such an order a court shall immediately:134
157	157	(A) Inform such respondent in writing that, pursuant to subsection (b) of Code135
158	158	Section 16-11-131, the offender shall not receive, possess, or transport a firearm;136
159	159	(B) Order such respondent in writing to surrender all firearms in his or her possession137
160	160	within 24 hours of the order to a federally licensed firearms dealer;138
161	161	(C) If such respondent is present at the time the order is issued, provide him or her the139
162	162	opportunity to attest orally and in writing that her or she, at the time of the issuance of140
163	163	the protective order, has no firearms in his or her possession or control; and141
164	164	S. B. 66
165	165	- 6 - 25 LC 57 0186
166	166	(D) If such respondent does not attest orally and in writing as provided in142
167	167	subparagraph (C) of this paragraph, schedule a hearing to occur within 72 hours, during143
168	168	which time the respondent shall either:144
169	169	(i) Present a receipt showing that a firearm in his or her possession or control at the145
170	170	time the order was issued was physically surrendered to a federally licensed firearms146
171	171	dealer and attest orally and in writing that a firearm in the respondent's possession or147
172	172	control at the time the protective order was issued has been physically surrendered to148
173	173	a federally licensed firearms dealer and that the respondent, at the time of the hearing,149
174	174	has no firearm in his or her possession or control; or150
175	175	(ii) Attest orally and in writing that the respondent, at the time the protective order151
176	176	was issued, had no firearm in his or her possession or control and, at the time of the152
177	177	hearing, has no firearm in his or her possession or control.153
178	178	(2) A respondent transporting a firearm to surrender in accordance with this subsection154
179	179	shall not be subject to prosecution under subsection (b) of Code Section 16-11-131."155
180	180	SECTION 7.156
181	181	This Act shall become effective on July 1, 2025, and shall apply to any conviction or157
182	182	protective order issued on or after such date.158
183	183	SECTION 8.159
184	184	All laws and parts of laws in conflict with this Act are repealed.160
185	185	S. B. 66
186	186	- 7 -