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

25 LC 48 1381 House Bill 452 By: Representatives Roberts of the 52nd, Lupton of the 83rd, Campbell of the 35th, Westbrook of the 163rd, Berry of the 56th, and others A BILL TO BE ENTITLED AN ACT To amend Part 3 of Article 4 of Chapter 11 of Title 16 of the O fficial Code of Georgia1 Annotated, relating to carrying and possession of firearms, so as to provide that persons2 convicted of family violence offenses or subject to family viol ence temporary protective3 orders cannot receive, possess, transport, purchase, or transfe r firearms; to provide for4 definitions; to provide for related matters; to provide for an effective date and applicability;5 to repeal conflicting laws; and for other purposes.6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 SECTION 1.8 Part 3 of Article 4 of Chapter 11 of Title 16 of the Official C ode of Georgia Annotated,9 relating to carrying and possession of firearms, is amended by revising Code10 Section 16-11-131, relating to possession of firearms by convicted felons and first offender11 probationers, as follows:12 "16-11-131.13 (a) As used in this Code section, the term:14 (1) 'Antique firearm' means:15 H. B. 452 - 1 - 25 LC 48 1381 (A) A firearm, including, but not limited to, a firearm with a matchlock, flintlock,16 percussion cap, or similar type of ignition system, manufactured in or before 1898;17 (B) Any replica of a firearm described in subparagraph (A) of this paragraph if such18 replica:19 (i) Is not designed or redesigned for using rimfire or convent ional centerfire fixed20 ammunition; or21 (ii) Uses rimfire or conventional centerfire fixed ammunition which is no longer22 manufactured in the United States and which is not readily available in the ordinary23 channels of commercial trade; or24 (C) Any muzzle-loading rifle, muzzle-loading shotgun, or muzzle-loading pistol, which25 is designed to use black powder or a black powder substitute, a nd which cannot use26 fixed ammunition. Such term shall not include a firearm which incorporates a firearm27 frame or receiver, a firearm which is converted into a muzzle-l oading weapon, or a28 muzzle-loading firearm which can be readily converted to fire f ixed ammunition by29 replacing the barrel, bolt, breechblock, or any combination thereof.30 (2) 'Family violence offense' shall include the offenses listed in paragraph (2) of Code31 Section 19-13-1 when committed against past or present spouses, persons who are parents32 of the same child, parents and children, stepparents and stepchildren, foster parents and33 foster children, or other persons living or formerly living in the same household.34 (3) 'Family violence protective order' means an order:35 (A) Issued pursuant to either Code Section 19-13-3 or 19-13-4;36 (B) Which was issued after a hearing in which the responding p arty received actual37 notice and had an opportunity to participate;38 (C) Which restrains the responding party from harassing, stalking, or threatening the39 petitioning party; and40 (D) Includes a finding that the responding party presents a cr edible threat to the41 physical safety of the petitioning party or by its terms explic itly prohibits the use,42 H. B. 452 - 2 - 25 LC 48 1381 attempted use, or threatened use of physical force against the petitioning party that43 would be reasonably expected to cause bodily injury.44 (1)(4) 'Felony' means any offense punishable by imprisonment for a term of one year or45 more and includes conviction by a court-martial under the Unifo rm Code of Military46 Justice for an offense which would constitute a felony under th e laws of the United47 States.48 (2)(5) 'Firearm' includes any handgun, rifle, shotgun, or other weapon which will or can49 be converted to expel a projectile by the action of an explosive or electrical charge. Such50 term shall not include an antique firearm.51 (6) 'Forcible felony' means any felony which involves the use or threat of physical force52 or violence against any person and further includes, without limitation, murder; murder53 in the second degree; burglary in any degree; robbery; armed robbery; home invasion in54 any degree; kidnapping; hijacking of an aircraft or hijacking a motor vehicle in the first55 degree; aggravated stalking; rape; aggravated child molestation ; aggravated sexual56 battery; arson in the first degree; the manufacturing, transpor ting, distribution, or57 possession of explosives with intent to kill, injure, or intimidate individuals or destroy a58 public building; terroristic threats; or acts of treason or insurrection.59 (b) Any person who is on probation as a felony first offender pursuant to Article 3 of60 Chapter 8 of Title 42, who is on probation and was sentenced fo r a felony under61 subsection (a) or (c) of Code Section 16-13-2, or who has been convicted of a felony by a62 court of this state or any other state; by a court of the United States including its territories,63 possessions, and dominions; or by a court of any foreign nation and who receives,64 possesses, or transports a firearm commits a felony and, upon conviction thereof, shall be65 imprisoned for not less than one year nor more than ten years; provided, however, that66 upon a second or subsequent conviction, such person shall be imprisoned for not less than67 five nor more than ten years; provided, further, that if the felony for which the person is on68 probation or has been previously convicted is a forcible felony , then upon conviction of69 H. B. 452 - 3 - 25 LC 48 1381 receiving, possessing, or transporting a firearm, such person s hall be imprisoned for a70 period of five years.71 (b.1) Any person who is prohibited by this Code section from possessing a firearm because72 of conviction of a forcible felony or because of being on proba tion as a first offender or73 under conditional discharge for a forcible felony and who attempts to purchase or obtain74 transfer of a firearm shall be guilty of a felony and upon conviction shall be punished by75 imprisonment for not less than one year nor more than five years; provided, however, that76 upon a second or subsequent conviction, such person shall be punished by imprisonment77 for not less than five nor more than ten years.78 (b.2) Any person who is on probation as a first offender pursuant to Article 3 of Chapter 879 of Title 42 for a family violence offense or who has been convi cted of a family violence80 offense by a court of this state or any other state; by a court of the United States including81 its territories, possessions, and dominions; or by a court of a ny foreign nation and who82 receives, possesses, or transports a firearm or attempts to purchase or obtain transfer of a83 firearm commits a felony and, upon conviction thereof, shall be imprisoned for not less84 than one year nor more than five years; provided, however, that , if the family violence85 offense as to which the person is on probation or has been prev iously convicted is a86 forcible felony, then upon conviction of receiving, possessing, transporting, or attempting87 to purchase or obtain transfer of a firearm, such person shall be imprisoned for a period of88 five years.89 (b.3) Any person who is subject to a family violence protective order and who, during the90 pendency of such protective order, receives, possesses, transports, or attempts to purchase91 or obtain transfer of a firearm commits a felony and, upon conv iction thereof, shall be92 imprisoned for not less than one year nor more than five years.93 (c) This Code section shall not apply to any person who has been pardoned for the felony94 by the President of the United States, the State Board of Pardons and Paroles, or the person95 or agency empowered to grant pardons under the constitutions or laws of the several states96 H. B. 452 - 4 - 25 LC 48 1381 or of a foreign nation and, by the terms of the pardon, has exp ressly been authorized to97 receive, possess, or transport a firearm. Any person suffering from a disability pursuant98 to this Code section may seek to have his or her rights restored by the superior court or by99 the State Board of Pardons and Paroles after five years have passed from the completion100 of the sentence if the offender has no pending charges and has paid all fines and any101 restitution ordered.102 (d) A person who has been convicted of a felony or of a family violence offense, but who103 has been granted relief from the disabilities imposed by the laws of the United States with104 respect to the acquisition, receipt, transfer, shipment, or pos session of firearms by the105 secretary of the United States Department of the Treasury pursu ant to 18 U.S.C.106 Section 925, shall, upon presenting to the Board of Public Safety proof that the relief has107 been granted and it being established from proof submitted by t he applicant to the108 satisfaction of the Board of Public Safety that the circumstances regarding the conviction109 and the applicant's record and reputation are such that the acq uisition, receipt, transfer,110 shipment, or possession of firearms by the person would not present a threat to the safety111 of the citizens of Georgia and that the granting of the relief sought would not be contrary112 to the public interest, be granted relief from the disabilities imposed by this Code section. 113 A person who has been convicted under federal or state law of a felony pertaining to114 antitrust violations, unfair trade practices, or restraint of trade shall, upon presenting to the115 Board of Public Safety proof, and it being established from sai d proof, submitted by the116 applicant to the satisfaction of the Board of Public Safety that the circumstances regarding117 the conviction and the applicant's record and reputation are su ch that the acquisition,118 receipt, transfer, shipment, or possession of firearms by the p erson would not present a119 threat to the safety of the citizens of Georgia and that the gr anting of the relief sought120 would not be contrary to the public interest, be granted relief from the disabilities imposed121 by this Code section. A record that the relief has been granted by the board shall be entered122 upon the criminal history of the person maintained by the Georg ia Crime Information123 H. B. 452 - 5 - 25 LC 48 1381 Center and the board shall maintain a list of the names of such persons which shall be open124 for public inspection.125 (e) As used in this Code section, the term 'forcible felony' m eans any felony which126 involves the use or threat of physical force or violence agains t any person and further127 includes, without limitation, murder; murder in the second degree; burglary in any degree;128 robbery; armed robbery; home invasion in any degree; kidnapping; hijacking of an aircraft129 or hijacking a motor vehicle in the first degree; aggravated stalking; rape; aggravated child130 molestation; aggravated sexual battery; arson in the first degr ee; the manufacturing,131 transporting, distribution, or possession of explosives with in tent to kill, injure, or132 intimidate individuals or destroy a public building; terroristic threats; or acts of treason or133 insurrection.134 (f)(e) Any person sentenced as a first offender pursuant to Article 3 of Chapter 8 of Title135 42 or sentenced pursuant to subsection (a) or (c) of Code Section 16-13-2 and subsequently136 discharged without court adjudication of guilt as a matter of l aw pursuant to Code137 Section 42-8-60 or 16-13-2, as applicable, shall, upon such discharge, be relieved from the138 disabilities imposed by this Code section.139 (g)(f) For any violation of subsection (b) or (b.1) of this Code section involving multiple140 firearms, each firearm connected to such violation shall constitute a separate offense.141 (g) Any person subject to a family violence protective order shall, upon the expiration or142 dismissal of such family violence protective order, be relieved from the disabilities143 imposed by this Code section."144 SECTION 2.145 This Act shall become effective on July 1, 2025, and shall appl y to any family violence146 conviction or family violence protective order issued on or after such date.147 H. B. 452 - 6 - 25 LC 48 1381 SECTION 3.148 All laws and parts of laws in conflict with this Act are repealed.149 H. B. 452 - 7 -