Senate · Introduced · 2025-2026 Regular Session

SB92: SB92 "Georgia Red Flag Protective Order Act"; enact

Last action February 5, 2025 · Senate Read and Referred

A Georgia Senate bill would create a 'red flag' law letting family members or police ask a superior court to temporarily take firearms and ammunition away from someone found to pose a significant danger to themselves or others.

In plain language

Georgia currently has no dedicated process for temporarily removing firearms from someone who appears to be a danger to themselves or others outside of criminal proceedings or mental health commitment. This bill would create the 'Georgia Red Flag Protective Order Act' as a new part of Georgia's criminal code (O.C.G.A. Title 16, Chapter 11). A family or household member or a law enforcement officer could petition a superior court for a 'risk protection order.' The court could issue an emergency order without notifying the respondent first, then must hold a full hearing within 14 days. If the court finds by clear and convincing evidence that the person poses a significant danger, it can order firearms, ammunition, and weapons carry licenses surrendered to local police for up to 12 months, renewable. Respondents can request a hearing to challenge the order. The bill sets penalties for violating an order or lying under oath, requires entry of orders into state and national crime databases, and directs the Administrative Office of the Courts to create standard forms and instructions.

What the bill does

Creates a new court process letting family members or law enforcement officers petition a superior court for a 'risk protection order' to remove firearms from someone deemed dangerous.
Allows judges to issue emergency, no-notice ('ex parte') orders when a petitioner shows reasonable cause of imminent danger, with a full court hearing required within two business days.
Requires respondents to surrender all firearms, ammunition, and weapons carry licenses to local law enforcement once an order is issued, enforced through search warrants if needed.
Sets a maximum order length of 12 months, renewable, and gives respondents the right to request one hearing to vacate the order after issuance and after each extension.
Makes it a high and aggravated misdemeanor to lie under oath in a hearing or to possess or acquire a firearm while under an active order.
Requires the Administrative Office of the Courts to create standardized forms, multilingual instructional materials, and a court staff handbook explaining the process.

Who it affects

The bill affects Georgians who could petition for or become subject to a risk protection order, including family and household members, law enforcement agencies and officers, superior court judges and clerks, gun owners and weapons carry license holders, and the Administrative Office of the Courts, which must produce forms and training materials.

Why it matters

If enacted, someone showing signs of being a danger to themselves or others could have their firearms and carry license temporarily taken by court order, sometimes before they are even notified. Family members and police gain a new legal tool, while gun owners face a new process that can restrict their firearm rights for up to a year.

Key provisions

Code Section 16-11-141 defines key terms including 'family or household member,' 'petitioner,' 'respondent,' and 'risk protection order.'
Code Section 16-11-142 sets petition requirements, including sworn allegations of danger and identification of firearms believed to be in the respondent's possession, filed at no cost to the petitioner.
Code Section 16-11-143 requires a hearing within 14 days of a petition and lets a judge issue a full risk protection order lasting up to 12 months if clear and convincing evidence shows significant danger.
Code Section 16-11-144 allows emergency, no-notice temporary orders when there is reasonable cause of near-future danger, with a hearing required within two business days.
Code Section 16-11-147 requires surrender of firearms, ammunition, and carry licenses to local law enforcement, backed by search warrant authority if a respondent does not comply.
Code Section 16-11-148 and 16-11-149 set rules for returning or transferring surrendered firearms once an order ends, including background checks and notice to family members.
Code Section 16-11-149.1 requires entry of orders into the Georgia Crime Information Center and National Crime Information Center databases and automatic suspension of any weapons carry license.
Code Section 16-11-149.2 makes false statements under oath and possessing firearms in violation of an order a high and aggravated misdemeanor.

Status timeline

2025-02-05Senate Read and Referred (Senate)
2025-02-04Senate Hopper (Senate)

Topics

red flag law
gun rights
firearm removal
court orders
public safety