HB64: HB64 Crimes and offenses; require an owner of an assault weapon to procure and maintain sufficient liability insurance

Georgia law currently does not require gun owners to carry liability insurance. House Bill 64 would create a new category called an 'assault weapon,' defined as a semiautomatic rifle that can accept a detachable magazine holding more than ten rounds, and require anyone who owns one to buy and keep at least $1 million in liability insurance covering death, injury, property damage, or disability connected to owning, storing, or using the weapon. Owners would have to keep proof of coverage where the weapon is stored and carry it when the weapon is in public, showing it to police on request. The requirement would take effect by January 1, 2026, with exceptions for law enforcement, corrections employees, and military members on duty. Failing to get insurance or show proof would be a misdemeanor with fines up to $1,000 for repeat offenses, though owners could raise defenses such as being denied coverage twice or qualifying as indigent. The bill also sets rules for insurers offering this coverage.

• Creates a new legal definition of 'assault weapon' in Georgia law: a semiautomatic rifle that can accept a detachable magazine holding more than ten rounds.
• Requires owners of such weapons to obtain and maintain at least $1 million in liability insurance covering death, injury, disability, or property damage by January 1, 2026.
• Requires owners to keep proof of insurance where the weapon is stored and to carry it when the weapon is in public, showing it to police on request.
• Makes failing to get insurance or show proof a misdemeanor, punishable by a fine of up to $100 for a first offense and up to $1,000 for later offenses.
• Creates an affirmative defense for owners denied coverage twice, who qualify as indigent, or who can show responsible gun ownership and safe storage.
• Bars insurers from requiring an owner's weapon serial number as a condition of coverage and requires insurers to report data and notify the state insurance commissioner of coverage changes.

Owners of semiautomatic rifles that accept detachable high capacity magazines, insurance companies that write liability policies covering firearms, law enforcement officers who must check for compliance, and the state insurance commissioner's office, which would write implementing rules. Active-duty police, corrections employees, and military members are exempted.

Gun owners who fall under the bill's definition would face a new financial requirement and potential fines or misdemeanor charges if they cannot show proof of coverage. Insurers would need to design new policies, and police would gain a new duty to check for compliance during encounters with such owners.

• Section 1 lays out legislative findings, including a reference to the September 4, 2024 shooting at Apalachee High School in Winder, Georgia, as justification for the bill.
• Section 2 adds a new Part 6 to Title 16 (O.C.G.A. § 16-11-180 through 16-11-182) defining 'assault weapon' and 'assault weapon owner' and excluding manufacturers, owners of inoperable weapons, and owners who timely report lost or stolen weapons.
• O.C.G.A. § 16-11-181 sets the January 1, 2026 deadline for owners to obtain at least $1 million in liability coverage and requires proof to be kept with the weapon and shown to police on request.
• O.C.G.A. § 16-11-182 makes noncompliance a misdemeanor with fines of up to $100 for a first offense and up to $1,000 for subsequent offenses, and lists affirmative defenses including denial of coverage, indigency, or evidence of responsible ownership.
• Section 3 adds O.C.G.A. § 33-7-3.2, limiting this insurance to unintentional or accidental acts, barring insurers from requiring a weapon's serial number, and requiring insurers to notify the Commissioner of coverage changes or terminations within 30 days.
• Section 3 also directs the Insurance Commissioner to adopt rules and regulations needed to implement the new insurance requirement.
• Section 4 repeals all conflicting laws.

1. 2025-01-17House Second Readers (House)
2. 2025-01-16House First Readers (House)
3. 2025-01-15House Hopper (House)

• Mary Oliver (D, HD-084)Primary sponsor
• Michelle Au (D, HD-050)
• Saira Draper (D, HD-090)
• Shea Roberts (D, HD-052)
• Karen Lupton (D, HD-083)
• Mary Williams (D, HD-037)

• gun control
• firearm insurance
• assault weapons
• public safety
• gun ownership regulations