SB19: SB19 Brady Law Regulations; purchase or transfer of certain firearms; require a ten-day waiting period
Last action January 17, 2025 · Senate Read and Referred
A Georgia Senate bill would require a ten-day waiting period before licensed dealers can complete the sale or transfer of semiautomatic assault weapons, with exceptions for weapons carry license holders.
In plain language
Georgia's Brady Law Regulations (O.C.G.A. § 16-11-171 and related sections) currently do not impose a waiting period on gun purchases. This bill would add a new waiting period specifically for semiautomatic assault weapons, a category the bill defines in detail based on features like detachable magazines, folding stocks, and pistol grips. Under the bill, licensed importers, manufacturers, and dealers could not complete a transfer or purchase of such a weapon until the tenth business day after the buyer starts the process, not counting weekends or holidays. A federal background check (NICS) could be run during that period. People who already hold a Georgia weapons carry license, or who qualify under a separate code section for law enforcement and similar exemptions, would not be subject to the wait. Dealers must keep records available for law enforcement inspection, and violating the waiting period or using fraud to dodge it would be a felony punishable by one to five years in prison.
What the bill does
- Creates a new ten-day waiting period (excluding weekends and holidays) before a licensed dealer, importer, or manufacturer can complete a sale or transfer of a semiautomatic assault weapon.
- Rewrites the definitions section (O.C.G.A. § 16-11-171) to spell out exactly what counts as a 'semiautomatic assault weapon' based on features like detachable magazines, folding stocks, and threaded barrels.
- Exempts weapons carry license holders and people covered under O.C.G.A. § 16-11-130 (such as certain law enforcement and military personnel) from the waiting period.
- Requires dealers to keep sale records available for law enforcement inspection during normal business hours for criminal investigations.
- Makes it a felony, punishable by one to five years in prison, for a dealer to violate the waiting period or for a buyer to use fraud to get around it.
Who it affects
Gun buyers seeking semiautomatic assault weapons as defined in the bill, licensed firearms dealers, importers, and manufacturers, weapons carry license holders who would be exempt, and law enforcement agencies that would gain inspection access to dealer records.
Why it matters
Georgians buying weapons that meet the bill's assault weapon definition would face a mandatory ten-business-day delay before taking possession, unless they already hold a carry license. Dealers would face new recordkeeping duties and felony liability for violations, changing how these specific firearm sales are processed.
Key provisions
- Section 1 rewrites O.C.G.A. § 16-11-171 to define terms including 'semiautomatic assault weapon,' listing detailed feature combinations for rifles, pistols, and shotguns that qualify.
- Section 2 adds new Code Section 16-11-172.1 requiring a ten-business-day wait for transfers or purchases of semiautomatic assault weapons through licensed dealers, importers, or manufacturers.
- Section 2 allows an NICS background check to occur during the ten-day waiting period rather than requiring it to finish before the wait starts.
- Section 2 exempts transfers to weapons carry license holders and persons covered under O.C.G.A. § 16-11-130 from the waiting period.
- Section 2 requires dealers to make sales records available to law enforcement during normal business hours for criminal investigations.
- Section 2 sets a felony penalty of one to five years in prison for dealers who violate the waiting period or buyers who use fraud to avoid it.
- Section 3 repeals any conflicting laws.
Status timeline
- Senate Read and Referred (Senate)
- Senate Hopper (Senate)
Sponsors
- David Lucas (D, SD-026)
- Emanuel Jones (D, SD-010)
- Harold Jones (D, SD-022)
- Kim Jackson (D, SD-041)
- Elena Parent (D, SD-044)
- Nan Orrock (D, SD-036)
- Sonya Halpern (D, SD-039)
- Sally Harrell (D, SD-040)
- RaShaun Kemp (D, SD-038)
- Jason Esteves (D, SD-035)
- Kenya Wicks (D, SD-034)
- Freddie Sims (D, SD-012)
- Josh McLaurin (D, SD-014)
- Ed Harbison (D, SD-015)
- Gail Davenport (D, SD-017)
- Michael Rhett (D, SD-033)
- Donzella James (D, SD-028)
- Nikki Merritt (D, SD-009)
Topics
- gun control
- waiting period
- assault weapons
- firearm sales
- Brady Law