Senate · Introduced · 2025-2026 Regular Session

SB66: SB66 Crimes; persons convicted of misdemeanor crimes of family violence from receiving, possessing, or transporting a firearm; prohibit

Last action February 3, 2025 · Senate Read and Referred

Senate Bill 66 would bar Georgians convicted of misdemeanor family violence crimes, or placed under family violence protective orders, from receiving, possessing, or transporting firearms, and require courts to enforce quick firearm surrender.

In plain language

Under current Georgia law, people convicted of felonies or certain violent misdemeanors can already lose gun rights in some situations, but there is no clear, uniform process covering misdemeanor family violence convictions or civil protective orders. SB66 changes that by amending the state's felon-firearm-possession law (O.C.G.A. § 16-11-131) to add new definitions for 'family violence protective order' and 'misdemeanor crime of family violence,' and by making both categories of people subject to the same firearm ban that currently applies to felons and certain probationers. The bill requires courts, immediately upon a qualifying conviction or the issuance of a protective order, to tell the person in writing that they cannot have a firearm, order them to surrender any firearms to a federally licensed dealer within 24 hours, and give them a chance to attest they have none. If they do not attest, a hearing must happen within 72 hours. Several related assault and battery statutes are updated to point to this centralized process. The changes would take effect July 1, 2025, and apply to convictions or protective orders issued on or after that date.

What the bill does

Adds 'family violence protective order' and 'misdemeanor crime of family violence' as defined terms in Georgia's firearm possession law (O.C.G.A. § 16-11-131).
Makes people convicted of a qualifying misdemeanor family violence offense, or subject to a family violence protective order, subject to the same firearm ban that currently covers felons and certain probationers.
Sets penalties for violating the ban: one to ten years in prison, five to ten years for a second or later offense, and a mandatory five years if tied to an underlying forcible felony.
Requires courts to immediately notify offenders and respondents in writing of the firearm ban and order surrender of any firearms to a federally licensed dealer within 24 hours.
Creates an attestation and hearing process, including a hearing within 72 hours if the person does not attest they have no firearms, for both criminal convictions and civil protective orders.
Updates the simple assault, simple battery, battery, and gun-pointing statutes (O.C.G.A. §§ 16-5-20, 16-5-23, 16-5-23.1, 16-11-102) so they reference the centralized firearm-surrender procedure instead of separate, duplicate language.

Who it affects

The bill affects people convicted of misdemeanor family violence offenses such as simple assault, simple battery, battery, or pointing a gun at a household member; people subject to civil family violence protective orders; judges and courts handling these cases; federally licensed firearms dealers who receive surrendered guns; and law enforcement enforcing the firearm ban.

Why it matters

If enacted, someone convicted of a qualifying misdemeanor or placed under a family violence protective order would have to give up any firearms within 24 hours or face a felony charge carrying up to ten years in prison, changing day-to-day consequences for people involved in domestic disputes and the courts that process them.

Key provisions

Section 5 rewrites O.C.G.A. § 16-11-131 to add the terms 'family violence protective order' and 'misdemeanor crime of family violence' and extends the existing firearm ban to cover both groups.
Section 5 sets penalties: one to ten years imprisonment for a first violation, five to ten years for a repeat violation, and a flat five years if linked to a forcible felony.
Section 5 creates subsection (b.1), requiring courts to immediately inform offenders in writing, order surrender of firearms within 24 hours to a federally licensed dealer, and hold a hearing within 72 hours if the offender does not attest they have no firearms.
Section 6 adds a parallel process to O.C.G.A. § 19-13-4 for people subject to family violence protective orders, including written notice, 24-hour surrender, and a 72-hour hearing option.
Sections 1 through 4 revise the simple assault, simple battery, battery, and gun-pointing statutes to remove duplicate notification language and instead point to the centralized procedure in Section 5.
Section 7 sets the effective date as July 1, 2025, applying to convictions or protective orders issued on or after that date.

Status timeline

2025-02-03Senate Read and Referred (Senate)
2025-01-30Senate Hopper (Senate)

Topics

gun rights
domestic violence
family violence protective orders
firearm possession law
criminal penalties