HB453: HB453 Georgia Red Flag Protective Order Act; enact

Georgia currently has no formal court process for temporarily removing firearms from someone who appears to be a danger to themselves or others outside of criminal charges or existing family violence and stalking protective orders. This bill would create a new legal tool called a risk protection order, allowing a family or household member or a law enforcement officer to petition a superior court for one. The court could issue a temporary ex parte order (granted without notifying the respondent first) if there is reasonable cause of imminent danger, followed by a full hearing within 14 days where clear and convincing evidence is required for a longer order lasting up to 12 months. Respondents must surrender firearms, ammunition, and any weapons carry license to local police, can request a hearing to vacate the order, and orders can be extended. The bill also sets penalties for violating an order or lying under oath in these proceedings, and directs the Administrative Office of the Courts to create standard forms, instructions, and informational materials for the process.

• Creates a new type of court order, called a risk protection order, letting family members or police ask a Georgia superior court to have someone's firearms and ammunition taken away temporarily.
• Allows courts to issue an immediate temporary order without notifying the respondent first if there is reasonable cause the person poses a near-future danger, followed by a hearing within two business days.
• Requires a full hearing within 14 days of a petition and a clear-and-convincing-evidence standard before a longer order (up to 12 months) can be issued.
• Requires respondents to surrender all firearms, ammunition, and weapons carry licenses to local law enforcement, with a search warrant process if they refuse.
• Makes it a high and aggravated misdemeanor to lie under oath in these proceedings or to possess a firearm while barred by one of these orders.
• Directs the Administrative Office of the Courts to create standardized petition forms, court instructions, and informational brochures, including in multiple languages.

The bill affects Georgia gun owners who could become respondents in these cases, their family and household members and law enforcement officers who could file petitions, superior courts that would hear the cases, local police agencies that would store surrendered weapons, and the Administrative Office of the Courts, which must produce statewide forms and materials.

If enacted, Georgians who believe a family member poses a danger to themselves or others could ask a court to remove that person's firearms before violence occurs, even without a criminal charge. Respondents would face court-ordered firearm surrender, license suspension, and possible misdemeanor charges for violations.

• Section 1 adds new Code Sections 16-11-140 through 16-11-149.5 to Title 16, creating the 'Georgia Red Flag Protective Order Act.'
• O.C.G.A. § 16-11-142 sets petition requirements, including identifying the respondent, alleging danger, and listing known firearms, with no filing fees or bond required.
• O.C.G.A. § 16-11-143 requires a hearing within 14 days and a final order (up to 12 months) based on clear and convincing evidence, listing 15 factors courts may consider.
• O.C.G.A. § 16-11-144 allows a temporary ex parte order without prior notice to the respondent if there is reasonable cause of near-future danger, with a hearing within two business days.
• O.C.G.A. § 16-11-147 requires surrender of firearms, ammunition, and weapons carry licenses to local law enforcement, with search warrant authority if a respondent fails to comply.
• O.C.G.A. § 16-11-149.1 requires entry of the order into the Georgia Crime Information Center and National Crime Information Center and automatic suspension of any weapons carry license.
• O.C.G.A. § 16-11-149.2 makes false statements under oath and possessing a firearm in violation of an order a high and aggravated misdemeanor.
• O.C.G.A. § 16-11-149.5 directs the Administrative Office of the Courts to develop standardized forms, instructions, and multilingual informational brochures for the process.

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
• Esther Panitch (D, HD-051)
• Lisa Campbell (D, HD-035)
• Bryce Berry (D, HD-056)
• Tangie Herring (D, HD-145)

• red flag law
• gun control
• firearms
• protective orders
• court procedure