---
title: HB 119. Brady Law Regulations; bringing an action against the government for an unauthorized act relating to regulation of weapons; revise standards
collection: bills
id: 2025-2026/hb119
cite_as: HB 119, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb119
md_url: https://georgiacommons.org/bills/2025-2026/hb119.md
text_url: https://georgiacommons.org/bills/2025-2026/hb119/text
source_url: https://www.legis.ga.gov/legislation/69493
date: 2025-01-29
status: introduced
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/bills/2025-2026.md
previous: https://georgiacommons.org/bills/2025-2026/hb118.md
next: https://georgiacommons.org/bills/2025-2026/hb120.md
index: https://georgiacommons.org/bills/index.md
omitted: votes and history
omitted_chars: 129
omitted_url: https://georgiacommons.org/bills/2025-2026/hb119.md?full=1
bill_number: HB 119
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2025-01-27
last_action: House Second Readers
sponsors:
  - Charlice Byrd
  - Noelle Kahaian
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB119/2025
upstream_id: 1943195
summaries_model: claude-sonnet-5
topic_tags:
  - gun laws
  - local government regulation
  - Brady Law preemption
  - weapons lawsuits
  - gun rights
---

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

## Text

House Bill 119
By: Representatives Byrd of the 20th and Kahaian of the 81st
A BILL TO BE ENTITLED
AN ACT
To amend Part 5 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia
Annotated, relating to Brady Law regulations, so as to revise standards for bringing an action
against the government for an unauthorized act relating to regulation of weapons; to provide
for definitions; to provide for related matters; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 5 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated,
relating to Brady Law regulations, is amended by revising Code Section 16-11-173, relating
to legislative findings, preemption of local regulation and lawsuits, and exceptions, as
follows:
"16-11-173.
(a) <ins>As used in this Code section, the term:
(1) 'Lawful weapons carrier' shall have the same meaning as set forth in Code
Section 16-11-125.1.
</ins>
<ins>(2) 'Weapon' means any device designed or intended to be used, or capable of being
used, for offense or defense, including but not limited to firearms, bladed devices, clubs,
electric stun devices, and defense sprays.
</ins> (b)(1) It is declared by the General Assembly that the regulation of firearms and other
weapons is properly an issue of general, state-wide concern.
(2) The General Assembly further declares that the lawful design, marketing,
manufacture, and sale of firearms and ammunition and other weapons to the public is not
unreasonably dangerous activity and does not constitute a nuisance per se.
(b)(c)(1) Except as <ins>otherwise</ins> provided in <del>subsection (c) of</del> this Code section, no county
or municipal corporation, by zoning, by ordinance or resolution, or by any other means,
nor any agency, board, department, commission, political subdivision, school district, or
authority of this state, other than the General Assembly, by rule or regulation or by any
other means shall regulate in any manner:
(A) Gun shows;
(B) The possession, ownership, transport, carrying, transfer, sale, purchase, licensing,
or registration of firearms or other weapons or components of firearms or other
weapons;
(C) Firearms dealers or dealers of other weapons; or
(D) Dealers in components of firearms or other weapons.
(2) The authority to bring suit and right to recover against any weapons, firearms, or
ammunition manufacturer, trade association, or dealer by or on behalf of any
governmental unit created by or pursuant to an Act of the General Assembly or the
Constitution, or any department, agency, or authority thereof, for damages, abatement,
or injunctive relief resulting from or relating to the lawful design, manufacture,
marketing, or sale of weapons, firearms, or ammunition to the public shall be reserved
exclusively to the state. This paragraph shall not prohibit a political subdivision or local
government authority from bringing an action against a weapons, firearms, or
ammunition manufacturer or dealer for breach of contract or express warranty as to
weapons, firearms, or ammunition purchased by the political subdivision or local
government authority.
(c)(d)(1) A county or municipal corporation may regulate the transport, carrying, or
possession of firearms by employees of the local unit of government, or by unpaid
volunteers of such local unit of government, in the course of their employment or volunteer
functions with such local unit of government; provided, however, that the sheriff or chief
of police shall be solely responsible for regulating and determining the possession,
carrying, and transportation of firearms and other weapons by employees under his or her
respective supervision so long as such regulations comport with state and federal law.
(2) The commanding officer of any law enforcement agency shall regulate and determine
the possession, carrying, and transportation of firearms and other weapons by employees
under his or her supervision so long as such regulations comport with state and federal
law.
(3) The district attorney, and the solicitor-general in counties where there is a state court,
shall regulate and determine the possession, carrying, and transportation of firearms and
other weapons by county employees under his or her supervision so long as such
regulations comport with state and federal law.
<del>(d)(e)</del> Nothing contained in this Code section shall prohibit municipalities or counties, by
ordinance or resolution, from requiring the ownership of guns by heads of households
within the political subdivision.
<del>(e)(f)</del> Nothing contained in this Code section shall prohibit municipalities or counties, by
ordinance or resolution, from reasonably limiting or prohibiting the discharge of firearms
within the boundaries of the municipal corporation or county.
<del>(f) As used in this Code section, the term 'weapon' means any device designed or intended
to be used, or capable of being used, for offense or defense, including but not limited to
firearms, bladed devices, clubs, electric stun devices, and defense sprays.
</del>
(g) <del>Any person aggrieved as a result of a violation of this Code section may bring an
action against the person who caused such aggrievement. The aggrieved person shall be
entitled to reasonable attorney's fees and expenses of litigation and may recover or obtain
against the person who caused such damages any of the following:
(1) Actual damages or $100.00, whichever is greater;
(2) Equitable relief, including, but not limited to, an injunction or restitution of money
and property; and
(3) Any other relief which the court deems proper</del> <ins>Any individual who is a lawful
weapons carrier who is or has been subject to an act, rule, regulation, ordinance, or
resolution in violation of this Code section shall have standing to bring:
(1) An action in mandamus or other legal proceeding against a public entity or public
officer in his or her official capacity to obtain declaratory or injunctive relief. A
prevailing plaintiff in such action shall be entitled to recover his or her costs in such
action, including reasonable attorney's fees; or
(2) A civil action when such individual suffers personal, property, or economic damage
and recover the greater of:
(A) Actual damages or $50,000.00, whichever is greater, plus the expenses of litigation
and reasonable attorney's fees; or
(B) Liquidated damages of three times the expenses of litigation and reasonable
attorney's fees.
(h) Any action brought pursuant to this Code section shall be brought in the superior court
of the county in which the violation occurred and within one year of such violation."
</ins> SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.

## Summaries written by Georgia Commons

The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.

House Bill 119 would rewrite the part of Georgia's Brady Law preemption statute (O.C.G.A. § 16-11-173) that lets people sue local governments for illegally regulating guns, raising the minimum damages and limiting who can sue.

### Plain-language summary

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.

### What it does

- 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.

### Who it affects

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.

### Why it matters

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.

### Key provisions

- 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.

## Status

- Status: Introduced (2025-01-27)
- Last action: House Second Readers (2025-01-29)
- Sponsors: Charlice Byrd, Noelle Kahaian
- Official page: https://www.legis.ga.gov/legislation/69493

> The history, votes, and amendments (129 characters) are at https://georgiacommons.org/bills/2025-2026/hb119.md?full=1