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

25 LC 52 0655 House Bill 63 By: Representatives Oliver of the 84 th, Au of the 50 th, Park of the 107 th, Tran of the 80 th, Westbrook of the 163rd, and others A BILL TO BE ENTITLED AN ACT To amend Part 3 of Article 4 of Chapter 11 of Title 16 of the O fficial Code of Georgia1 Annotated, relating to carrying and possession of firearms, so as to establish the offense of2 failure to adequately secure a loaded or unloaded firearm; to provide for a penalty; to provide3 for related matters; to repeal conflicting laws; and for other purposes.4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5 SECTION 1.6 Part 3 of Article 4 of Chapter 11 of Title 16 of the Official C ode of Georgia Annotated,7 relating to carrying and possession of firearms, is amended by adding a new Code section to8 read as follows:9 "16-11-132.1.10 (a) As used in this Code section, the term 'firearm' means any handgun, rifle, shotgun, or11 similar device or weapon which will or can be converted to expel a projectile by the action12 of an explosive or electrical charge.13 (b) Any owner of a firearm who possesses, stores, or leaves the loaded or unloaded firearm14 in a manner in which he or she knew or should have known that another individual could15 H. B. 63 - 1 - 25 LC 52 0655 obtain the firearm shall be guilty of the offense of failure to adequately secure a firearm16 when the firearm is obtained by:17 (1) A minor and exhibited in a public place or while making a threat of violence; or18 (2) Any individual, regardless of age, and used during the com mission of a crime or19 during an act which results in the injury or death of such individual or another when such20 act was not the lawful defense of people or property.21 (c) A violation of this Code section shall be a misdemeanor punishable by a fine of not less22 than $500.00."23 SECTION 2.24 All laws and parts of laws in conflict with this Act are repealed.25 H. B. 63 - 2 -