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

25 LC 52 0586 House Bill 64 By: Representatives Oliver of the 84th, Au of the 50th, Draper of the 90th, Roberts of the 52nd, Lupton of the 83rd, and others A BILL TO BE ENTITLED AN ACT To amend Titles 16 and 33 of the Official Code of Georgia Annotated, relating to crimes and1 offenses and insurance, respectively, so as to require an owner of an assault weapon to2 procure and maintain sufficient liability insurance to protect against legal liability arising out3 of the ownership, maintenance, operation, or use of such weapon; to provide for definitions;4 to provide for proof or evidence of such insurance; to provide for exceptions; to provide for5 enforcement and penalties; to provide for an affirmative defense; to provide for limitations6 on such liability insurance; to provide for notification of cha nges or termination of such7 liability insurance; to require insurers to submit certain info rmation; to provide for the8 adoption of rules and regulations; to provide for legislative findings; to provide for related9 matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11 SECTION 1.12 The General Assembly finds that:13 (1) Assault weapons pose a significant threat to public safety in that they allow the user14 of such weapon to fire multiple rounds of ammunition rapidly;15 H. B. 64 - 1 - 25 LC 52 0586 (2) Such weapons have been used in numerous mass shootings aro und the nation in the16 recent past, resulting in the death of large numbers of people, m a n y o f w h o m w e r e17 children; 18 (3) Such weapon was allegedl y used in the shooting that killed two students and two19 teachers at Apalachee High School in Winder, Georgia on September 4, 2024; and20 (4) Mandating owners of such weapons to procure and maintain l iability insurance will21 encourage such owners to be more mindful of the risks inherent in owning such weapons22 and to take actions to ensure such weapons are secured.23 SECTION 2.24 Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is25 amended in Article 4 of Chapter 11, relating to dangerous instrumentalities and practices, by26 adding a new part to read as follows:27 "Part 628 16-11-180.29 As used in this part, the term:30 (1) 'Assault weapon' means a semiautomatic rifle that has the ability to accept a31 detachable high capacity magazine.32 (2) 'Assault weapon owner' means any individual in this state who owns one or more33 assault weapons in this state. Such term shall not include an individual who:34 (A) Manufactures or transfers an assault weapon;35 (B) Owns a permanently inoperable assault weapon, provided tha t such individual36 demonstrates to law enforcement with jurisdiction over the loca tion at which the37 individual resides that such weapon cannot be readily restored to firing condition; or38 H. B. 64 - 2 - 25 LC 52 0586 (C) Owns a lost or stolen weapon, provided that the loss or theft of such weapon was39 reported to law enforcement with jurisdiction over the location at which the individual40 resides within 48 hours of discovery of such loss or theft.41 (3) 'Claimant' means the injured person, dependent, beneficiary, personal representative42 of the decedent, or owner of damaged property and the legal rep resentative of such43 person.44 (4) 'High capacity magazine' means a device that holds more th an ten rounds of45 ammunition.46 (5) 'Liability insurance' means insurance against legal liability for the death, injury, or47 disability of any human being or damage to property, and which provides medical,48 hospital, surgical, and disability benefits to injured persons and funeral and death benefits49 to dependents, beneficiaries, or personal representatives of persons killed.50 16-11-181.51 (a) No later than January 1, 2026, except as provided for in s ubsection (d) of this Code52 section, an assault weapon owner shall procure and maintain in full force and effect53 liability insurance in an amount not less than $1 million for death, injury, or disability to54 a human being and for damage to property per incident arising o ut of the ownership,55 maintenance, operation, or use of an assault weapon. An assault weapon owner shall keep56 proof or evidence of the minimum insurance coverage required by this Code section at the57 location where such assault weapon is stored and in his or her immediate possession when58 such owner possesses the covered assault weapon in public.59 (b) An assault weapon owner shall provide proof or evidence of the minimum insurance60 coverage required by this Code section to a law enforcement off icer upon the request of61 such officer. Such proof or evidence shall be satisfied by providing in paper or electronic62 format the insurance policy declarations page provided to such owner.63 H. B. 64 - 3 - 25 LC 52 0586 (c) Disclosure of liability insurance policy information under this Code section shall not64 constitute an admission that the alleged death, injury, or disa bility of a human being or65 damage to property is subject to the policy and shall not be admissible as evidence at trial66 by reason of disclosure.67 (d) The requirements of this Code section shall not apply to t he following individuals68 owning or possessing an assault weapon while in the official pe rformance of such69 individual's duties:70 (1) A peace officer of any duly authorized police agency of this state or of any political71 subdivision thereof, or a law enforcement officer of any depart ment or agency of the72 United States who is regularly employed and paid by the United States, this state, or any73 such political subdivision, or an employee of the Department of Corrections of this state;74 or75 (2) A member of the National Guard or of the armed forces of the United States.76 16-11-182.77 (a) Any law enforcement officer who has probable cause to believe that an individual is78 an assault weapon owner shall determine whether such individual h a s t h e m i n i m u m79 liability insurance required by Code Section 16-11-181.80 (b) Except as provided for in subsection (d) of this Code section, any individual who fails81 to procure and maintain liability insurance in violation of subsection (a) of Code Section82 16-11-181 shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not83 more than $100.00 for the first offense and not more than $1,00 0.00 for any subsequent84 offense.85 (c) Any individual who fails to provide proof or evidence of t he minimum insurance86 coverage as provided for in violation of subsection (b) of Code Section 16-11-181 shall be87 guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100.0088 for the first offense and not more than $1,000.00 for any subsequent offense.89 H. B. 64 - 4 - 25 LC 52 0586 (d) It shall be an affirmative defense to prosecution for a vi olation of subsection (a) of90 Code Section 16-11-181 if an assault weapon owner can demonstrate to the court that he91 or she:92 (1) Applied for and was denied liability insurance by two or more insurers;93 (2) Qualifies as an indigent person, as defined in Code Section 17-12-2; or94 (3) Is likely to behave prudently and safely in the ownership, maintenance, operation,95 use, and storage of the assault weapon as evidenced by:96 (A) Such owner's general character, responsibility, and fitnes s or his or her prior97 personal experience and responsibility in gun ownership; and98 (B) The possession and use of a gun safe or other secure container to store such assault99 weapon."100 SECTION 3.101 Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended in102 Chapter 7, relating to kinds of insurance, limits of risks, and reinsurance, by adding a new103 Code section to read as follows:104 "33-7-3.2.105 (a) Any liability insurance offered, issued, procured, or maintained to satisfy requirements106 for the ownership of an assault weapon provided for in Part 6 of Article 4 of Chapter 11 of107 Title 16 shall be limited to unintentional or accidental acts a rising out of the ownership,108 maintenance, operation, or use of an assault weapon. Such insu rance shall be provided109 under a policy or policies, including but not limited to a homeowner's, tenant homeowner's,110 excess, or umbrella liability policy, from an insurer admitted to do business in this state for111 the purpose of writing insurance and licensed under this title.112 (b) An insurer that issues a liability insurance policy as provided for in subsection (a) of113 this Code section shall not request or require an insured to provide the serial number of or114 H. B. 64 - 5 - 25 LC 52 0586 any other information about the specific assault weapon to be c overed as a condition of115 issuing such policy.116 (c) An insurer that provides a liability insurance policy as provided for in subsection (a)117 of this Code section shall notify the Commissioner within 30 da ys of any change in118 coverage, at least 30 days prior to the termination of the policy by such insurer, and no later119 than 30 days after the termination of the policy by the insured.120 (d) Each insurer writing liability insurance as provided for in subsection (a) of this Code121 section shall submit data showing its direct writing of such liability insurance in this state122 with the report provided for in Code Section 33-3-21.1.123 (e) The Commissioner shall adopt rules and regulations as are reasonably necessary to124 implement this Code section."125 SECTION 4.126 All laws and parts of laws in conflict with this Act are repealed.127 H. B. 64 - 6 -