House Bill 1
By: Representative Au of the 50th
A BILL TO BE ENTITLED
AN ACT
To amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia
Annotated, relating to carrying and possession of firearms, so as to establish the offense of
making a firearm accessible to a child; to provide for definitions; to provide for exceptions
and affirmative defenses; to provide for criminal penalties; to require a notice by certain
firearm dealers; to provide for a short title; to provide for related matters; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the "Pediatric Health Safe Storage Act."
SECTION 2.
Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated,
relating to carrying and possession of firearms, is amended by adding a new Code section to
read as follows:
<ins>"16-11-132.1.
(a) As used in this Code section, the term:
</ins>
<ins>(1) 'Child' means a person younger than 18 years of age.
(2) 'Dealer' shall have the same meaning as provided for under Code Section 16-11-171.
(3) 'Family' means a parent, grandparent, or sibling.
(4) 'Readily dischargeable firearm' means a firearm that is loaded with ammunition,
whether or not a round is in the chamber.
(5) 'Secure' means to take steps that a reasonable person would believe sufficient to
prevent the access to a readily dischargeable firearm by a child, including, but not limited
to, placing a firearm in a locked container or temporarily rendering the firearm inoperable
by a trigger lock or other means.
(b) Except where possession of a firearm by a child is lawful under Code Section
16-11-132, a person commits the offense of making a firearm accessible to a child if such
child gains access to a readily dischargeable firearm, and the person with criminal
negligence:
(1) Failed to secure the firearm; or
(2) Left the firearm in a place to which the person knew or should have known the child
could gain access.
(c) It shall be an affirmative defense to prosecution under this Code section that the child's
access to the firearm:
(1) Was supervised by a person older than 18 years of age and was for hunting, sporting,
or other lawful purposes;
(2) Consisted of lawful defense by the child of people or property; or
(3) Was gained by entering property in violation of the law.
(d)(1) Except as provided under paragraph (2) of this subsection, a person convicted
pursuant to subsection (b) of this Code section shall be guilty of a misdemeanor.
(2) A person convicted pursuant to subsection (b) of this Code section where the child
discharges the firearm and causes death or serious bodily injury to himself or herself or
another person shall be guilty of a misdemeanor of a high and aggravated nature.
</ins>
<ins>(3) No person who commits a violation of subsection (b) of this Code section shall be
arrested before the seventh day after the date on which the offense was committed if:
(A) Such person is family of the child who discharged the firearm; and
(B) The child, in discharging the firearm, caused the death of or serious injury to such
child.
(e)(1) A dealer shall post in a conspicuous position on the premises where the dealer
conducts business a sign that contains the following warning in block letters not less than
one inch in height:
'IT IS UNLAWFUL TO STORE, TRANSPORT, OR ABANDON AN UNSECURED
FIREARM IN A PLACE WHERE CHILDREN CAN OBTAIN ACCESS TO THE
FIREARM.'
(2) A person convicted pursuant to subsection (e) of this Code section shall be guilty of
a misdemeanor of a high and aggravated nature."
</ins> SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.