HB452: HB452 Firearms; persons convicted of family violence offenses cannot possess or purchase; provide

Georgia law already bars convicted felons and certain first offenders from possessing firearms. This bill rewrites that law (O.C.G.A. § 16-11-131) to add new firearm bans specifically tied to family violence. It defines 'family violence offense' by referencing the offenses listed in Georgia's family violence code (O.C.G.A. § 19-13-1) when committed against a spouse, co-parent, family member, or household member, and it defines 'family violence protective order' as a court order issued after a hearing where the other side had notice and a chance to respond, and which restrains or finds a credible threat against the petitioner. Under the new subsections, anyone on first-offender probation for or convicted of a family violence offense who possesses, transports, or tries to buy a firearm commits a felony punishable by one to five years in prison, rising to five years if the underlying offense was a forcible felony. Anyone subject to an active family violence protective order who possesses or tries to buy a firearm also commits a felony. The ban ends once the protective order expires or is dismissed. The changes would take effect July 1, 2025, applying to convictions or orders issued on or after that date.

• Creates a new felony (one to five years in prison) for anyone on probation for, or convicted of, a family violence offense who possesses, transports, or tries to buy a firearm.
• Increases the penalty to a mandatory five years if the underlying family violence conviction involved a forcible felony such as aggravated assault or kidnapping.
• Creates a separate new felony for anyone currently subject to a family violence protective order who possesses, transports, or tries to buy a firearm, punishable by one to five years.
• Adds a legal definition of 'family violence offense' tied to Georgia's existing family violence statute (O.C.G.A. § 19-13-1) covering spouses, co-parents, and household members.
• Adds a legal definition of 'family violence protective order' requiring a hearing with notice and either a finding of credible threat or an explicit ban on force against the petitioner.
• Restores a person's right to possess firearms automatically once their family violence protective order expires or is dismissed.

People convicted of family violence offenses or currently on first-offender probation for one, people subject to an active family violence protective order, firearm dealers who may sell to them, and law enforcement and prosecutors who would enforce the new bans.

Georgians who have a family violence conviction or an active protective order against them would face new felony charges, on top of existing restrictions on felons, if they possess or try to buy a firearm. This closes a gap where some family violence offenders and respondents to protective orders were not previously barred by this specific code section.

• Section 1 rewrites O.C.G.A. § 16-11-131 to add definitions of 'family violence offense' and 'family violence protective order,' tied to existing Georgia family violence law.
• New subsection (b.2) makes it a felony (1-5 years, up to 5 years mandatory for a forcible felony) for someone on probation for or convicted of a family violence offense to possess, transport, or try to buy a firearm.
• New subsection (b.3) makes it a felony (1-5 years) for someone currently subject to a family violence protective order to possess, transport, or try to buy a firearm.
• New subsection (g) automatically lifts the firearm ban once the protective order expires or is dismissed.
• Section 2 sets the effective date as July 1, 2025, applying to family violence convictions or protective orders issued on or after that date.
• Section 3 repeals any conflicting laws.

1. 2025-02-19House Second Readers (House)
2. 2025-02-18House First Readers (House)
3. 2025-02-13House Hopper (House)

• Shea Roberts (D, HD-052)Primary sponsor
• Karen Lupton (D, HD-083)
• Lisa Campbell (D, HD-035)
• Anne Westbrook (D, HD-163)
• Bryce Berry (D, HD-056)
• Tangie Herring (D, HD-145)

• gun control
• domestic violence
• family violence protective orders
• firearm possession laws
• criminal penalties