HB63: HB63 Crimes and offenses; establish offense of failure to adequately secure a loaded or unloaded firearm

Georgia law currently does not have a specific criminal offense for failing to secure a firearm that later ends up misused. This bill would add a new section to Georgia's firearms law (O.C.G.A. § 16-11-132.1) creating such an offense. Under the bill, a gun owner who stores or leaves a loaded or unloaded firearm in a way they knew or should have known would let someone else get hold of it could be charged if a minor obtains the gun and shows it in public or uses it to make a threat, or if anyone obtains the gun and uses it during a crime or in an act that injures or kills someone (unless that act was lawful self-defense or defense of property). A violation would be a misdemeanor with a fine of at least $500. The bill repeals any conflicting laws but does not list a separate effective date, so it would take effect under Georgia's standard rules for new legislation.

• Creates a new criminal offense in Georgia law for failing to adequately secure a loaded or unloaded firearm (O.C.G.A. § 16-11-132.1).
• Applies when a gun owner knew or should have known someone else could access an unsecured firearm.
• Makes the owner liable if a minor obtains the gun and shows it publicly or uses it to threaten violence.
• Makes the owner liable if any person obtains the gun and uses it in a crime, or in an act causing injury or death that was not lawful self-defense.
• Sets the penalty as a misdemeanor with a fine of no less than $500.
• Repeals any existing Georgia laws that conflict with this new offense.

Firearm owners in Georgia, especially those with guns accessible to minors or other household members, are directly affected. The bill also touches prosecutors and courts, who would handle the new misdemeanor charge, and anyone whose access to an unsecured gun leads to a threat, crime, injury, or death.

Gun owners could face criminal charges and a fine of at least $500 if they store a firearm in a way that lets someone else get it and misuse it, whether that means a minor brandishing it or anyone using it in a crime or causing harm. This adds legal responsibility for how firearms are stored at home.

• Section 1 adds new Code section 16-11-132.1 defining 'firearm' broadly as any handgun, rifle, shotgun, or similar device that can expel a projectile via explosive or electrical charge.
• Subsection (b) creates the offense for an owner who possesses, stores, or leaves a firearm in a manner they knew or should have known would let another person obtain it.
• Subsection (b)(1) covers cases where a minor obtains the firearm and exhibits it in public or uses it to threaten violence.
• Subsection (b)(2) covers cases where any person obtains the firearm and uses it in a crime or in an act causing injury or death, excluding lawful defense of people or property.
• Subsection (c) sets the penalty as a misdemeanor with a minimum fine of $500.
• Section 2 repeals 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)
• Samuel Park (D, HD-107)
• Long Tran (D, HD-080)
• Anne Westbrook (D, HD-163)
• Mary Williams (D, HD-037)

• gun storage laws
• firearm safety
• criminal penalties
• gun ownership
• child access to firearms