HB 120: Crimes and offenses; preemption of local regulation and lawsuits relative to firearms, ammunition, and other weapons; provide for a definition

Georgia law already limits local governments from regulating firearms beyond state law (O.C.G.A. § 16-11-173). This bill adds a new subsection defining 'extreme risk protection order' as any measure, federal or state, that seizes or orders the surrender of firearms, firearm accessories, or ammunition from someone who has not been convicted of a violent felony or otherwise barred from gun ownership under state law. The bill says no state agency, political subdivision, or law enforcement agency may enforce such an order, and none may accept federal money to enforce one. It exempts federal agents enforcing federal law and Georgia officials accepting federal aid to enforce Georgia law. A law enforcement agency whose officer knowingly enforces such an order faces a $50,000 civil penalty per occurrence, and the person affected or the Attorney General can sue in superior court, with courts required to hold a hearing on injunction requests within 30 days. The bill also waives sovereign immunity for these lawsuits.

• Defines 'extreme risk protection order' to cover federal or state actions that seize or order surrender of firearms, accessories, or ammunition without a conviction or existing legal disqualification.
• Prohibits Georgia state agencies, political subdivisions, and law enforcement agencies from enforcing such orders within the state.
• Bars those same entities from accepting federal funds tied to enforcing extreme risk protection orders.
• Imposes a $50,000 civil penalty per occurrence on a political subdivision or agency whose officer knowingly enforces such an order.
• Gives the person targeted by such an order, and the Attorney General, standing to sue in superior court for injunctive relief, damages, and attorney's fees.
• Waives sovereign immunity for lawsuits brought under this new subsection and requires courts to hold hearings on injunction motions within 30 days.

Georgia gun owners who could be subject to firearm seizure orders, state and local law enforcement agencies and their officers, political subdivisions that could face lawsuits and penalties, the Attorney General's office, and any federal officials seeking to enforce firearm-related orders in Georgia.

If enacted, Georgia police and agencies could not carry out federal or other extreme risk protection orders seizing firearms from someone not already barred from gun ownership, and officers who did so could expose their agency to a $50,000 penalty and lawsuits, changing how such orders would be handled in the state.

• Section 1 adds subsection (b.1) to O.C.G.A. § 16-11-173, defining 'extreme risk protection order' broadly to include any gun seizure measure lacking a contested court adjudication.
• Paragraph (2) bars enforcement of such federal orders by any state agency, political subdivision, or law enforcement agency within Georgia.
• Paragraph (3) prohibits those entities from receiving federal money for enforcing such orders.
• Paragraph (5) exempts federal agents enforcing federal law and Georgia officials accepting federal aid to enforce state law.
• Paragraph (6) sets a $50,000 civil penalty per occurrence for agencies whose officers knowingly enforce such orders.
• Paragraph (7) gives injured individuals and the Attorney General standing to sue in superior court for injunctive relief.
• Paragraph (8) requires courts to hold a hearing on temporary restraining order or injunction motions within 30 days of service.
• Paragraph (10) states that sovereign immunity is not a defense to actions brought under this subsection.

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 rights
• firearm seizure orders
• state preemption of gun laws
• law enforcement liability
• red flag laws