SB49: SB49 Carrying and Possession of Firearms; offense of making a firearm accessible to a child; establish

Georgia law currently allows children to possess firearms in certain lawful situations, but there is no specific crime for adults who carelessly leave a loaded gun where a child can get it. This bill creates that offense in Georgia's criminal code (O.C.G.A. Title 16, Chapter 11). A person commits the crime if a child gains access to a loaded, or 'readily dischargeable,' firearm because the adult failed to secure it or left it somewhere they knew or should have known the child could reach. The bill lists defenses, such as the access being supervised for hunting or being used for lawful self-defense. A basic violation is a misdemeanor, but it becomes a more serious 'misdemeanor of a high and aggravated nature' if the child fires the gun and someone dies or is seriously hurt. Family members whose child was hurt or killed get a seven-day arrest delay. Gun dealers must also post a warning sign about the law, or face a fine up to $500.

• Creates a new crime in Georgia law for adults who fail to secure a loaded firearm that a child then accesses, when the failure results from criminal negligence.
• Defines 'child' as anyone younger than 17 and 'readily dischargeable firearm' as one loaded with ammunition, chambered or not.
• Sets three affirmative defenses: supervised lawful use like hunting, lawful self-defense by the child, or access gained through trespassing.
• Makes a basic violation a misdemeanor, but raises it to a misdemeanor of a high and aggravated nature if the child fires the gun and causes death or serious injury.
• Delays arrest for seven days for a family member (parent, grandparent, or sibling) if their own child was killed or seriously hurt firing the gun.
• Requires firearm dealers to post a specific warning sign about unsecured firearms and children, with fines up to $500 for failing to do so.

Gun owners with children in their homes or care, parents, grandparents, and siblings of children who might access a firearm, and licensed firearm dealers, who would have new posting requirements. Prosecutors and courts handling misdemeanor charges would also apply this new offense.

Adults who leave loaded guns accessible to children could face new criminal charges, with more serious consequences if a child is hurt or killed. The seven-day arrest delay for grieving family members and the dealer signage requirement would also change day-to-day practices around gun storage and sales.

• New Code Section 16-11-132.1 defines key terms including 'child' (under 17), 'family' (parent, grandparent, sibling), and 'secure' (locking or disabling the firearm).
• Subsection (b) establishes the core offense: failing to secure a firearm or leaving it somewhere a child could access it, resulting in the child gaining access.
• Subsection (c) creates three affirmative defenses, including supervised hunting or sporting use and lawful self-defense by the child.
• Subsection (d) sets penalties: a standard misdemeanor, upgraded to a misdemeanor of a high and aggravated nature if the child's discharge of the firearm causes death or serious injury.
• Subsection (d)(3) bars arrest of a family member for seven days after the offense if the child who fired the gun died or was seriously injured.
• Subsection (e) requires firearm dealers to post a warning sign in block letters at least one inch tall, with violations punishable by a fine of up to $500.

1. 2025-01-29Senate Read and Referred (Senate)
2. 2025-01-28Senate Hopper (Senate)

• Elena Parent (D, SD-044)Primary sponsor
• Harold Jones (D, SD-022)
• Nikki Merritt (D, SD-009)
• Sonya Halpern (D, SD-039)
• Ed Harbison (D, SD-015)
• Jason Esteves (D, SD-035)
• Nan Orrock (D, SD-036)
• Josh McLaurin (D, SD-014)
• Randal Mangham (D, SD-055)
• Sheikh Rahman (D, SD-005)
• Sally Harrell (D, SD-040)

• gun safety
• child safety
• firearm storage laws
• criminal penalties
• gun dealer regulations