HB 1: Pediatric Health Safe Storage Act; enact

Georgia law currently allows children to lawfully possess firearms in certain situations, such as hunting, but does not specifically criminalize an adult's failure to keep a loaded gun away from a child. House Bill 1, called the Pediatric Health Safe Storage Act, would add a new section to Georgia's firearms law (O.C.G.A. Title 16) making it a crime to negligently leave a 'readily dischargeable' firearm (one loaded with ammunition) where a child under 18 can get to it. The bill defines 'secure' storage, such as locked containers or trigger locks, and creates affirmative defenses for supervised hunting or lawful self-defense by the child. A basic violation is a misdemeanor, but it becomes a more serious 'misdemeanor of a high and aggravated nature' if the child fires the gun and someone is killed or seriously hurt. Close family members would get a seven-day arrest delay in cases where the child was killed or seriously injured. Firearm dealers would also have to post a specific warning sign about unsecured firearm storage.

• Creates a new crime of making a firearm accessible to a child when an adult negligently fails to secure a loaded gun or leaves it somewhere a child can reach it.
• Defines key terms like 'child' (under 18), 'secure,' and 'readily dischargeable firearm' (loaded with ammunition) for purposes of this new law.
• Sets up affirmative defenses, including supervised hunting or sporting use and lawful defense of people or property by the child.
• Increases the penalty to a misdemeanor of a high and aggravated nature (a more serious misdemeanor) if the child discharges the gun and someone dies or is seriously hurt.
• Delays arrest for seven days for a family member of a child who died or was seriously injured after discharging the firearm.
• Requires firearm dealers to post a specific warning sign about the illegality of unsecured firearm storage, with violations also punishable as a misdemeanor of a high and aggravated nature.

Gun owners with children in their homes, parents, grandparents, and siblings of children involved in shooting incidents, children who may lawfully use firearms for hunting or sport under supervision, and licensed firearm dealers who would need to post new warning signage at their places of business.

Adults who keep loaded firearms in homes with children could face new criminal liability if a child gains access, with harsher charges possible if a shooting causes death or injury. Dealers face new signage duties, and grieving family members get a short arrest delay in the most tragic cases.

• Section 1 names the bill the 'Pediatric Health Safe Storage Act.'
• Section 2 adds new Code Section 16-11-132.1, defining 'child,' 'dealer,' 'family,' 'readily dischargeable firearm,' and 'secure.'
• Subsection (b) creates the offense: a person acts with criminal negligence by failing to secure a firearm or leaving it somewhere a child could access it.
• Subsection (c) lists affirmative defenses, including supervised hunting/sporting use, lawful self-defense by the child, and access gained through trespassing.
• Subsection (d) sets penalties: a basic misdemeanor, or a misdemeanor of a high and aggravated nature if the child's discharge of the firearm causes death or serious injury.
• Subsection (d)(3) bars arrest for seven days after the offense if the accused is family of a child who died or was seriously injured from discharging the firearm.
• Subsection (e) requires firearm dealers to post a specific warning sign in block letters at least one inch tall, with violations treated as a misdemeanor of a high and aggravated nature.
• Section 3 repeals conflicting laws.

1. 2025-01-15House Second Readers (House)
2. 2025-01-14House First Readers (House)
3. 2025-01-13House Hopper (House)

• Michelle Au (D, HD-050)Primary sponsor
• Sharon Cooper (R, HD-045)
• Mary Oliver (D, HD-084)
• Omari Crawford (D, HD-089)
• Yasmin Neal (D, HD-079)
• Anne Westbrook (D, HD-163)

• gun safety
• child safety
• firearm storage laws
• criminal penalties
• gun dealer regulations