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

25 LC 57 0186 Senate Bill 66 By: Senators Parent of the 44th, Jones II of the 22nd, Jackson of the 41st, Esteves of the 35th, Orrock of the 36th and others A BILL TO BE ENTITLED AN ACT To amend Titles 16 and 19 of the Official Code of Georgia Annotated, relating to crimes and1 offenses and to domestic relations, respectively, so as to proh ibit persons convicted of2 misdemeanor crimes of family violence from receiving, possessing, or transporting a firearm3 and to prohibit persons subject to family violence protective o rders from receiving,4 possessing, or transporting a firearm; to provide for definitions; to provide an effective date5 and applicability; to provide for related matters; to repeal co nflicting laws; and for other6 purposes.7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 SECTION 1.9 Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is10 amended in Code Section 16-5-20, relating to simple assault, by revising subsection (e) as11 follows:12 "(e) Upon conviction of simple assault under paragraph (1) of subsection (a) of this Code13 section, or, if the offense involves a firearm, under paragraph (2) of subsection (a) of this14 Code section, that is committed between past or present spouses, persons who are parents15 of the same child, parents and children, stepparents and stepch ildren, foster parents and16 S. B. 66 - 1 - 25 LC 57 0186 foster children, or other persons living or formerly living in the same household, the court17 shall inform the offender orally and in writing that such offen der is prohibited from18 receiving, possessing, or transporting a firearm under subsecti on (b) of Code19 Section 16-11-131, indicate such prohibition on the record of c onviction, order such20 offender orally and in writing to transfer any and all firearms in his or her possession or21 control, and ensure transfer is made as provided under subsecti on (b.1) of Code Section22 16-11-131 Reserved."23 SECTION 2.24 Said title is further amended in Code Section 16-5-23, relating to simple battery, by revising25 subsection (g) as follows:26 "(g) If the offense of simple battery is committed between past or present spouses, persons27 who are parents of the same child, parents and children, stepparents and stepchildren, foster28 parents and foster children, or other persons living or formerl y living in the same29 household, the court, upon conviction, shall inform such offender orally and in writing that30 the offender is prohibited from receiving, possessing, or trans porting a firearm under31 subsection (b) of Code Section 16-11-131, indicate such prohibi tion on the record of32 conviction, order such offender orally and in writing to transfer any and all firearms in his33 or her possession or control, and ensure transfer is made as provided under subsection (b.1)34 of Code Section 16-11-131 Reserved."35 SECTION 3.36 Said title is further amended in Code Section 16-5-23.1, relating to battery, by adding a new37 subsection to read as follows:38 "(f.1) If the offense of battery is committed between past or present spouses, persons who39 are parents of the same child, parents and children, stepparent s and stepchildren, foster40 parents and foster children, or other persons living or formerl y living in the same41 S. B. 66 - 2 - 25 LC 57 0186 household, the court, upon conviction, shall inform such offender orally and in writing that42 such offender is prohibited from receiving, possessing, or tran sporting a firearm under43 subsection (b) of Code Section 16-11-131, indicate such prohibi tion on the record of44 conviction, order such offender orally and in writing to transfer any and all firearms in his45 or her possession or control, and ensure transfer is made as provided under subsection (b.1)46 of Code Section 16-11-131."47 SECTION 4.48 Said title is further amended by revising Code Section 16-11-10 2, relating to pointing or49 aiming a gun or pistol at another, as follows:50 "16-11-102.51 (a) A person is guilty of a misdemeanor when he or she intentionally and without legal52 justification points or aims a gun or pistol at another, whether the gun or pistol is loaded53 or unloaded.54 (b) If the offense of pointing or aiming a gun or pistol at another is committed between55 past or present spouses, persons who are parents of the same child, parents and children,56 stepparents and stepchildren, foster parents and foster children, or other persons living or57 formerly living in the same household, the court, upon convicti on, shall inform such58 offender orally and in writing that such offender is prohibited from receiving, possessing,59 or transporting a firearm under subsection (b) of Code Section 16-11-131, indicate the60 prohibition on the record of conviction, order such offender orally and in writing to transfer61 any and all firearms in his or her possession or control, and e nsure transfer is made as62 provided under subsection (b.1) of Code Section 16-11-131."63 S. B. 66 - 3 - 25 LC 57 0186 SECTION 5.64 Said title is further amended in Code Section 16-11-131, relating to possession of firearms65 by convicted felons and first offender probationers, by revising subsections (a), (b), and (b.1)66 and by adding a new subsection to read as follows:67 "16-11-131.68 (a) As used in this Code section, the term:69 (1) 'Family violence protective order' means an order issued under Code Section 19-13-470 or an equivalent order in this state or elsewhere that was issued after the restrained person71 received notice of the proceedings and an opportunity to be heard.72 (1)(2) 'Felony' means any offense punishable by imprisonment for a term of one year or73 more and includes conviction by a court-martial under the Unifo rm Code of Military74 Justice for an offense which would constitute a felony under th e laws of the United75 States.76 (2)(3) 'Firearm' includes any a handgun, rifle, shotgun, or other weapon which will or77 can be converted to expel a projectile by the action of an explosive or electrical charge.78 (4) 'Misdemeanor crime of family violence' means any offense provided for under Code79 Section 16-5-20, 16-5-23, 16-5-23.1, or 16-11-102 that:80 (A) Is committed between past or present spouses, persons who are parents of the same81 child, parents and children, stepparents and stepchildren, fost er parents and foster82 children, or other persons living in or formerly living in the same household; and83 (B) Involves the use or attempted use of physical force or the use or threatened use of84 a firearm.85 (b) Any person who is on probation as a felony first offender pursuant to Article 3 of86 Chapter 8 of Title 42, who is on probation and was sentenced fo r a felony under87 subsection (a) or (c) of Code Section 16-13-2, or who is subjec t to a family violence88 protective order, or who has been convicted of a misdemeanor offense of family violence,89 or a felony by a court of this state or any other state; by a court of the United States90 S. B. 66 - 4 - 25 LC 57 0186 including its territories, possessions, and dominions; or by a court of any foreign nation and91 who receives, possesses, or transports any a firearm commits a felony and, upon conviction92 thereof, shall be imprisoned for not less than one year nor more than ten years; provided,93 however, that upon a second or subsequent conviction, such person shall be imprisoned for94 not less than five nor more than ten years; provided, further, that if the felony for which the95 person is on probation or has been previously convicted is a fo rcible felony, then upon96 conviction of receiving, possessing, or transporting a firearm, such person shall be97 imprisoned for a period of five years.98 (b.1)(1) Upon entering a conviction for a misdemeanor crime of family violence, a court99 shall immediately:100 (A) Inform such offender orally and in writing that, pursuant to subsection (b) of this101 Code section, the offender shall not receive, possess, or transport any firearm;102 (B) Order such offender orally and in writing to surrender all firearms in the offender's103 possession, within 24 hours of the order to a federally licensed firearms dealer;104 (C) Provide such offender the opportunity to attest orally and in writing that he or she105 at the time of the conviction, has no firearms in his or her possession or control; and106 (D) If such offender does not attest orally and in writing as provided in107 subparagraph (C) of this paragraph, schedule a hearing to occur within 72 hours, during108 which time the offender shall either:109 (i) Present a receipt showing that any firearms in the offender's possession or control110 at the time of conviction were physically surrendered to a federally licensed firearms111 dealer and attest orally and in writing that such firearms have been physically112 surrendered to a federally licensed firearms dealer and that the offender, at the time113 of the hearing, has no firearms in the offender's possession or control; or114 (ii) Attest orally and in writing that the offender, at the ti me of the conviction, had115 no firearms in his or her possession or control and, at the time of the hearing, has no116 firearm in his or her possession or control.117 S. B. 66 - 5 - 25 LC 57 0186 (2) An offender transporting a firearm to surrender in accorda nce with this subsection118 shall not be subject to prosecution under subsection (b) of this Code section.119 (b.2) Any person who is prohibited by this Code section from possessing a firearm because120 of conviction of a forcible felony or because of being on proba tion as a first offender or121 under conditional discharge for a forcible felony and who attempts to purchase or obtain122 transfer of a firearm shall be guilty of a felony and upon conviction shall be punished by123 imprisonment for not less than one year nor more than five years; provided, however, that124 upon a second or subsequent conviction, such person shall be punished by imprisonment125 for not less than five nor more than ten years."126 SECTION 6.127 Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is128 amended in Code Section 19-13-4, relating to family violence protective orders and consent129 agreements, by adding a new subsection to read as follows:130 "(a.1)(1) An order issued pursuant to subsection (a) of this Code section that was granted131 after notice was provided to the respondent and after such resp ondent was given an132 opportunity to be heard shall prohibit such respondent from rec eiving, possessing, or133 transporting a firearm. Upon issuance of such an order a court shall immediately:134 (A) Inform such respondent in writing that, pursuant to subsec tion (b) of Code135 Section 16-11-131, the offender shall not receive, possess, or transport a firearm;136 (B) Order such respondent in writing to surrender all firearms in his or her possession137 within 24 hours of the order to a federally licensed firearms dealer;138 (C) If such respondent is present at the time the order is issued, provide him or her the139 opportunity to attest orally and in writing that her or she, at the time of the issuance of140 the protective order, has no firearms in his or her possession or control; and141 S. B. 66 - 6 - 25 LC 57 0186 (D) If such respondent does not attest orally and in writing a s provided in142 subparagraph (C) of this paragraph, schedule a hearing to occur within 72 hours, during143 which time the respondent shall either:144 (i) Present a receipt showing that a firearm in his or her possession or control at the145 time the order was issued was physically surrendered to a federally licensed firearms146 dealer and attest orally and in writing that a firearm in the respondent's possession or147 control at the time the protective order was issued has been physically surrendered to148 a federally licensed firearms dealer and that the respondent, at the time of the hearing,149 has no firearm in his or her possession or control; or150 (ii) Attest orally and in writing that the respondent, at the time the protective order151 was issued, had no firearm in his or her possession or control and, at the time of the152 hearing, has no firearm in his or her possession or control.153 (2) A respondent transporting a firearm to surrender in accordance with this subsection154 shall not be subject to prosecution under subsection (b) of Code Section 16-11-131."155 SECTION 7.156 This Act shall become effective on July 1, 2025, and shall appl y to any conviction or157 protective order issued on or after such date.158 SECTION 8.159 All laws and parts of laws in conflict with this Act are repealed.160 S. 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