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.