HB120: HB120 Crimes and offenses; preemption of local regulation and lawsuits relative to firearms, ammunition, and other weapons; provide for a definition

Extreme risk protection orders let courts or other authorities temporarily take firearms from someone deemed a risk, without a full criminal conviction. This bill amends Georgia's firearms preemption law (O.C.G.A. § 16-11-173) to define these orders broadly, covering federal or state laws, rules, executive orders, or judicial findings that would confiscate guns, gun accessories, or ammunition from someone not convicted of a violent felony or otherwise barred from owning firearms under state law. The bill would forbid Georgia state agencies, local governments, and law enforcement from enforcing such orders, and would block them from taking federal money tied to enforcing such orders. Officers who knowingly enforce one anyway could expose their employing agency to a $50,000 penalty per occurrence, plus a lawsuit for damages and attorney's fees. People affected, or the Attorney General, could sue in superior court, courts would have to hold hearings on injunction requests within 30 days, and the state could not claim sovereign immunity as a defense.

• Defines 'extreme risk protection order' broadly to include gun seizure laws, orders, or measures issued without a full contested court case.
• Bans Georgia state agencies, political subdivisions, and law enforcement from enforcing federal or other extreme risk protection orders within the state.
• Prohibits state and local agencies from accepting federal funds tied to enforcing such orders.
• Imposes a $50,000 civil penalty per occurrence on agencies whose officers knowingly enforce an extreme risk protection order.
• Creates a legal right for affected individuals and the Attorney General to sue for injunctions, damages, and attorney's fees, and removes sovereign immunity as a defense.
• Requires courts to hold hearings on temporary restraining order or injunction requests within 30 days of being served.

Georgia gun owners potentially subject to firearm seizure orders, state and local law enforcement agencies and their officers, political subdivisions handling federal funding, the Attorney General's office, and the superior courts that would hear related lawsuits and injunction requests.

If enacted, Georgia officers and agencies could face lawsuits and a $50,000 penalty per incident for enforcing federal or other extreme risk protection orders, which could affect how the state responds to future federal gun-seizure policies and shift enforcement risk onto local agencies.

• Section 1 adds a new subsection (b.1) to O.C.G.A. § 16-11-173 defining 'extreme risk protection order' to include laws, orders, or judicial findings seizing firearms without a contested court adjudication.
• Paragraph (2) bars state agencies, political subdivisions, and law enforcement from enforcing such federal orders within Georgia.
• Paragraph (3) bars agencies from accepting federal money used to enforce such orders.
• Paragraph (5) exempts federal agents enforcing federal law and allows Georgia officials to accept federal aid to enforce Georgia's own laws.
• Paragraph (6) sets a $50,000 civil penalty per occurrence for agencies whose officers knowingly enforce such an order.
• Paragraph (7) gives injured parties and the Attorney General standing to sue for injunctive relief in superior court.
• Paragraph (8) requires courts to hold hearings on restraining order or injunction motions within 30 days of service.
• Paragraph (10) states sovereign immunity is not a defense to actions brought under this subsection.

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 law
• extreme risk protection orders
• state and local government authority
• law enforcement liability