HB 119: Brady Law Regulations; bringing an action against the government for an unauthorized act relating to regulation of weapons; revise standards

Georgia law already blocks most cities, counties, and local agencies from regulating firearms, since that power belongs to the state legislature. Current law lets any person harmed by an illegal local gun regulation sue for actual damages or at least $100, plus attorney's fees. This bill narrows who can sue to a 'lawful weapons carrier,' a term defined by cross-reference to another Georgia code section, and adds a formal definition of 'weapon' covering firearms, bladed devices, clubs, stun devices, and defense sprays. It creates two paths for that person: a mandamus or similar court action against a public entity or officer for a declaration or injunction, with attorney's fees for the winner, or a civil damages suit where the person can recover at least $50,000 (or actual damages if higher) plus litigation costs, or triple litigation expenses and fees as an alternative. Suits must be filed in the superior court of the county where the violation happened, within one year.

• Adds a legal definition of 'lawful weapons carrier' (by pointing to O.C.G.A. § 16-11-125.1) and a definition of 'weapon' covering firearms, bladed devices, clubs, stun devices, and defense sprays.
• Replaces the old rule letting any 'aggrieved person' sue over an illegal local gun regulation with a rule limiting that right to a 'lawful weapons carrier.'
• Raises the minimum civil damages a person can recover from $100 to $50,000, or allows triple litigation expenses and attorney's fees instead.
• Adds a new mandamus or injunction option letting a lawful weapons carrier sue a public entity or officer directly to stop an illegal regulation, with attorney's fees for the winner.
• Sets a one year deadline to file suit and requires the case be filed in the superior court of the county where the violation occurred.
• Removes the separate definition of 'weapon' that used to sit at the end of the Code section and folds it into the new definitions subsection.

Gun owners and carriers who believe a local government has illegally regulated weapons, cities and counties, local agencies, boards, school districts, and public officers who could be sued or face mandamus actions, and Georgia courts that would handle these lawsuits under the new one year filing deadline.

People who carry weapons lawfully would gain a stronger financial incentive to challenge local gun rules in court, since the guaranteed minimum payout jumps from $100 to $50,000. Local governments and officials could face costlier lawsuits and a new mandamus option if they pass or enforce a regulation the state has preempted.

• Subsection (a) adds definitions of 'lawful weapons carrier' (cross-referencing O.C.G.A. § 16-11-125.1) and 'weapon,' moved from what was subsection (f).
• Renumbered subsection (c) keeps the existing ban on local regulation of gun shows, sales, dealers, and components, with a wording tweak from 'as provided in subsection (c)' to 'otherwise provided.'
• Subsection (g) removes the old standing rule for 'any person aggrieved' and instead limits standing to a 'lawful weapons carrier.'
• New subsection (g)(1) creates a mandamus or injunction action against a public entity or officer, awarding the winning plaintiff costs and attorney's fees.
• New subsection (g)(2) creates a civil damages action allowing recovery of actual damages or $50,000, whichever is greater, plus litigation costs and fees, or triple litigation expenses and fees as an alternative remedy.
• New subsection (h) requires such suits to be filed in the superior court of the county where the violation occurred, within one year of the violation.
• Section 2 repeals any conflicting laws, a standard closing provision.

1. 2025-01-29House Second Readers (House)
2. 2025-01-28House First Readers (House)
3. 2025-01-27House Hopper (House)

• Charlice Byrd (R, HD-020)Primary sponsor
• Noelle Kahaian (R, HD-081)

• gun laws
• local government regulation
• Brady Law preemption
• weapons lawsuits
• gun rights