HB119: HB119 Brady Law Regulations; bringing an action against the government for an unauthorized act relating to regulation of weapons; revise standards

Georgia law already blocks counties, cities, and state agencies from regulating gun shows, firearm sales, dealers, and related activity, reserving that power to the General Assembly. Currently, anyone "aggrieved" by a violation of this preemption rule can sue and recover actual damages or $100, whichever is greater. House Bill 119 rewrites that remedy. Only a "lawful weapons carrier," a term defined by cross-reference to another Georgia statute, would have standing to sue. Such a person could seek a mandamus action or other court order against a government body or official for declaratory or injunctive relief, recovering costs and attorney's fees. Alternatively, they could bring a civil suit for actual damages or $50,000, whichever is greater, plus litigation costs and fees, or triple the litigation expenses and fees as liquidated damages. The bill also adds legislative findings that gun and ammunition manufacturing and sales are not inherently dangerous or a nuisance, adds new definitions, and sets a one-year statute of limitations with venue in the superior court where the violation occurred.

• Narrows who can sue over illegal local or state gun regulation from any "aggrieved" person to only a "lawful weapons carrier" as defined in another Georgia statute (O.C.G.A. § 16-11-125.1).
• Raises the money damages a successful plaintiff can recover from actual damages or $100 (whichever is greater) to actual damages or $50,000 (whichever is greater), plus litigation costs and attorney's fees.
• Creates a new mandamus or injunctive relief option letting a lawful weapons carrier sue a public entity or official directly to stop or reverse an unauthorized weapons regulation.
• Adds an alternative remedy of liquidated damages equal to three times the plaintiff's litigation expenses and attorney's fees.
• Adds legislative findings stating that lawful firearm and ammunition design, marketing, manufacture, and sale are not unreasonably dangerous and not a nuisance per se.
• Sets a one-year deadline to file suit and requires the case be filed in the superior court of the county where the violation happened.

The bill affects Georgia gun owners and licensed carriers (who gain a new right to sue), county and municipal governments, school districts, and state agencies (who face bigger financial exposure if they adopt gun regulations the state has preempted), and courts handling these disputes.

If passed, local governments and state agencies that adopt weapons rules found to violate state preemption could face lawsuits seeking up to $50,000 or more in damages, plus attorney's fees, a sharp increase from the current $100 minimum, making such rules considerably riskier to enact.

• Section 1 amends O.C.G.A. § 16-11-173(a) to add definitions for 'lawful weapons carrier' and 'weapon.'
• Adds new legislative findings in subsection (b) that lawful firearm and ammunition marketing, manufacture, and sale are not unreasonably dangerous or a nuisance per se.
• Rewrites subsection (g) to limit standing to sue over preemption violations to a 'lawful weapons carrier,' replacing the prior 'any aggrieved person' standard.
• New subsection (g)(1) creates a mandamus or other legal action against a public entity or officer for declaratory or injunctive relief, with recoverable costs and attorney's fees for a prevailing plaintiff.
• New subsection (g)(2) allows a civil action for actual damages or $50,000 (whichever is greater) plus litigation costs and fees, or alternatively liquidated damages of three times litigation expenses and fees.
• New subsection (h) requires such lawsuits be filed in the superior court of the county where the violation occurred, within one year of the violation.
• Section 2 repeals any conflicting laws.

1. 2025-01-29House Second Readers (House)
2. 2025-01-28House First Readers (House)
3. 2025-01-27House Hopper (House)

• Charlice Byrd (R, HD-020)Primary sponsor
• Noelle Kahaian (R, HD-081)

• gun rights
• firearms preemption
• local government regulation
• weapons lawsuits
• Brady Law