SB204: SB204 Criminal Procedure; offenses that are not serious violent felonies, sexual felonies, or other certain offenses to be charged by accusation of the district attorney; allow

This bill changes two parts of Georgia law. First, it rewrites the state's firearms preemption law (O.C.G.A. § 16-11-173), which already bars most local governments from regulating guns and other weapons. The bill adds definitions of 'weapon' and 'lawful weapons carrier' and replaces the existing damages provision with new standing rules letting a lawful weapons carrier who is harmed by a local gun rule sue for declaratory or injunctive relief, or for damages of at least $25,000 plus attorney's fees, or triple the litigation expenses. Second, the bill expands O.C.G.A. § 17-7-70.1, which lets district attorneys try some felony cases by filing an accusation rather than waiting for a grand jury indictment. Currently that shortcut applies only to a specific list of crimes. The bill would let it apply to any felony except serious violent felonies, sexual felonies, and violations of the state's firearms preemption law and two other weapons-related code sections, as long as the accused has had (or waived) a probable cause hearing or been released on bond pending one. The Governor vetoed the bill.

• Adds statutory definitions of 'weapon' and 'lawful weapons carrier' to Georgia's firearms preemption law (O.C.G.A. § 16-11-173).
• Replaces the old flat-damages remedy in that law with new standing for lawful weapons carriers to sue local governments over gun regulations they believe violate state preemption.
• Sets damages for a successful lawsuit against a local weapons regulation at the greater of actual damages or $25,000, plus attorney's fees, or triple litigation expenses as liquidated damages.
• Expands district attorneys' power to charge felony cases by accusation, skipping grand jury indictment, to nearly all felonies except serious violent felonies, sexual felonies, and specified weapons-law violations.
• Requires that a defendant charged by accusation have already had, waived, or been released on bond pending a probable cause hearing before the district attorney can use this shortcut.

The bill affects gun owners and 'lawful weapons carriers' who want to challenge local gun ordinances, county and municipal governments that regulate weapons, district attorneys and solicitors-general who prosecute felony cases, and criminal defendants whose cases could be charged by accusation instead of grand jury indictment.

Gun owners would gain a clearer, more lucrative path to sue local governments over weapons rules, with guaranteed minimum damages of $25,000. Meanwhile, many more felony defendants could be charged and tried without ever going before a grand jury, changing how quickly and by whom serious criminal charges get filed in Georgia.

• Section 1 rewrites O.C.G.A. § 16-11-173(a) to define 'weapon' broadly and 'lawful weapons carrier' by reference to O.C.G.A. § 16-11-125.1.
• Section 1 gives a lawful weapons carrier standing to bring a mandamus or other action against a public entity or officer for declaratory or injunctive relief, recovering costs and attorney's fees if they prevail.
• Section 1 allows a civil action for personal, property, or economic damage with recovery of the greater of actual damages or $25,000 plus litigation expenses, or triple litigation expenses and fees as liquidated damages.
• Section 1 requires any such lawsuit be filed within one year of the enforcement of the offending rule, in the superior court of the county where the violation occurred.
• Section 2 rewrites O.C.G.A. § 17-7-70.1(a.1) to let district attorneys charge by accusation any felony except serious violent felonies, sexual felonies, or violations of O.C.G.A. §§ 16-11-173, 16-14-4, or 16-15-4.
• Section 2 requires the accused to have been bound over after a probable cause hearing, to have waived that hearing, or to have been released on bond pending one before an accusation can be used.
• Section 3 repeals any conflicting laws.

1. 2026-05-12Veto V10
2. 2026-05-12Senate Date Vetoed by Governor (Senate)
3. 2026-04-10Senate Sent to Governor (Senate)
4. 2026-01-13Senate Agreed House Amend or Sub (Senate)
5. 2025-04-04House Passed/Adopted By Substitute (House)
6. 2025-04-04House Third Readers (House)
7. 2025-04-04House Third Readers (House)
8. 2025-03-31House Withdrawn, Recommitted (House)

• Colton Moore (R, SD-053)Primary sponsor
• Michael Rhett (D, SD-033)
• Elena Parent (D, SD-044)
• Donzella James (D, SD-028)
• Sheikh Rahman (D, SD-005)
• Alan Powell (R, HD-033)

1. PassedSenate voteMarch 6, 2025

   51 yea, 4 nay (0 not voting, 1 absent)

   Passage: Senate Vote #211

2. FailedHouse voteApril 4, 2025

   75 yea, 95 nay (4 not voting, 6 absent)

   Table: House Vote #428

3. PassedHouse voteApril 4, 2025

   99 yea, 74 nay (2 not voting, 5 absent)

   Passage: House Vote #429

4. PassedSenate voteJanuary 13, 2026

   32 yea, 21 nay (0 not voting, 2 absent)

   Agree To House Substitute: Senate Vote #494

5. PassedSenate voteJanuary 13, 2026

   31 yea, 21 nay (1 not voting, 2 absent)

   Motion To Immediately Transmit To Governor: Senate Vote #495

• gun laws
• firearms preemption
• criminal procedure
• grand jury indictment
• district attorney authority