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

25 LC 39 4464 House Bill 119 By: Representatives Byrd of the 20th and Kahaian of the 81st A BILL TO BE ENTITLED AN ACT To amend Part 5 of Article 4 of Chapter 11 of Title 16 of the O fficial Code of Georgia1 Annotated, relating to Brady Law regulations, so as to revise standards for bringing an action2 against the government for an unauthorized act relating to regulation of weapons; to provide3 for definitions; to provide for related matters; to repeal conf licting laws; and for other4 purposes.5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 SECTION 1.7 Part 5 of Article 4 of Chapter 11 of Title 16 of the Official C ode of Georgia Annotated,8 relating to Brady Law regulations, is amended by revising Code Section 16-11-173, relating9 to legislative findings, preemption of local regulation and law suits, and exceptions, as10 follows:11 "16-11-173.12 (a) As used in this Code section, the term:13 (1) 'Lawful weapons carrier' shall have the same meaning as se t forth in Code14 Section 16-11-125.1.15 H. B. 119 - 1 - 25 LC 39 4464 (2) 'Weapon' means any device designed or intended to be used, or capable of being16 used, for offense or defense, including but not limited to firearms, bladed devices, clubs,17 electric stun devices, and defense sprays.18 (b)(1) It is declared by the General Assembly that the regulation of firearms and other19 weapons is properly an issue of general, state-wide concern.20 (2) The General Assembly further declares that the lawful desi gn, marketing,21 manufacture, and sale of firearms and ammunition and other weapons to the public is not22 unreasonably dangerous activity and does not constitute a nuisance per se.23 (b)(c)(1) Except as otherwise provided in subsection (c) of this Code section, no county24 or municipal corporation, by zoning, by ordinance or resolution, or by any other means,25 nor any agency, board, department, commission, political subdivision, school district, or26 authority of this state, other than the General Assembly, by rule or regulation or by any27 other means shall regulate in any manner:28 (A) Gun shows;29 (B) The possession, ownership, transport, carrying, transfer, sale, purchase, licensing,30 or registration of firearms or other weapons or components of f irearms or other31 weapons;32 (C) Firearms dealers or dealers of other weapons; or33 (D) Dealers in components of firearms or other weapons.34 (2) The authority to bring suit and right to recover against a ny weapons, firearms, or35 ammunition manufacturer, trade association, or dealer by or on behalf of any36 governmental unit created by or pursuant to an Act of the Gener al Assem bly or the37 Constitution, or any department, agency, or authority thereof, for damages, abatement,38 or injunctive relief resulting from or relating to the lawful d esign, manufacture,39 marketing, or sale of weapons, firearms, or ammunition to the p ublic shall be reserved40 exclusively to the state. This paragraph shall not prohibit a political subdivision or local41 government authority from bringing an action against a weapons, firearms, or42 H. B. 119 - 2 - 25 LC 39 4464 ammunition manufacturer or dealer for breach of contract or exp ress warranty as to43 weapons, firearms, or ammunition purchased by the political sub division or local44 government authority.45 (c)(d)(1) A county or municipal corporation may regulate the transpo rt, carrying, or46 possession of firearms by employees of the local unit of govern ment, or by unpaid47 volunteers of such local unit of government, in the course of their employment or volunteer48 functions with such local unit of government; provided, however, that the sheriff or chief49 of police shall be solely responsible for regulating and determ ining the possession,50 carrying, and transportation of firearms and other weapons by employees under his or her51 respective supervision so long as such regulations comport with state and federal law.52 (2) The commanding officer of any law enforcement agency shall regulate and determine53 the possession, carrying, and transportation of firearms and other weapons by employees54 under his or her supervision so long as such regulations comport with state and federal55 law.56 (3) The district attorney, and the solicitor-general in counties where there is a state court,57 shall regulate and determine the possession, carrying, and transportation of firearms and58 other weapons by county employees under his or her supervision so long as such59 regulations comport with state and federal law.60 (d)(e) Nothing contained in this Code section shall prohibit municipalities or counties, by61 ordinance or resolution, from requiring the ownership of guns b y heads of households62 within the political subdivision.63 (e)(f) Nothing contained in this Code section shall prohibit municipalities or counties, by64 ordinance or resolution, from reasonably limiting or prohibiting the discharge of firearms65 within the boundaries of the municipal corporation or county.66 (f) As used in this Code section, the term 'weapon' means any device designed or intended67 to be used, or capable of being used, for offense or defense, i ncluding but not limited to68 firearms, bladed devices, clubs, electric stun devices, and defense sprays.69 H. B. 119 - 3 - 25 LC 39 4464 (g) Any person aggrieved as a result of a violation of this Co de section may bring an70 action against the person who caused such aggrievement. The aggrieved person shall be71 entitled to reasonable attorney's fees and expenses of litigation and may recover or obtain72 against the person who caused such damages any of the following:73 (1) Actual damages or $100.00, whichever is greater;74 (2) Equitable relief, including, but not limited to, an injunction or restitution of money75 and property; and76 (3) Any other relief which the court deems proper Any individual who is a lawful77 weapons carrier who is or has been subject to an act, rule, reg ulation, ordinance, or78 resolution in violation of this Code section shall have standing to bring:79 (1) An action in mandamus or other legal proceeding against a public entity or public80 officer in his or her official capacity to obtain declaratory o r injunctive relief. A81 prevailing plaintiff in such action shall be entitled to recove r his or her costs in such82 action, including reasonable attorney's fees; or83 (2) A civil action when such individual suffers personal, property, or economic damage84 and recover the greater of:85 (A) Actual damages or $50,000.00, whichever is greater, plus the expenses of litigation86 and reasonable attorney's fees; or87 (B) Liquidated damages of three times the expenses of litigati on and reasonable88 attorney's fees.89 (h) Any action brought pursuant to this Code section shall be brought in the superior court90 of the county in which the violation occurred and within one year of such violation."91 SECTION 2.92 All laws and parts of laws in conflict with this Act are repealed.93 H. B. 119 - 4 -