---
title: HB 120. Crimes and offenses; preemption of local regulation and lawsuits relative to firearms, ammunition, and other weapons; provide for a definition
collection: bills
id: 2025-2026/hb120
cite_as: HB 120, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb120
md_url: https://georgiacommons.org/bills/2025-2026/hb120.md
text_url: https://georgiacommons.org/bills/2025-2026/hb120/text
source_url: https://www.legis.ga.gov/legislation/69494
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.
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previous: https://georgiacommons.org/bills/2025-2026/hb119.md
next: https://georgiacommons.org/bills/2025-2026/hb121.md
index: https://georgiacommons.org/bills/index.md
omitted: votes and history
omitted_chars: 129
omitted_url: https://georgiacommons.org/bills/2025-2026/hb120.md?full=1
bill_number: HB 120
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/HB120/2025
upstream_id: 1943304
summaries_model: claude-sonnet-5
topic_tags:
- gun rights
- firearm seizure orders
- state preemption of gun laws
- law enforcement liability
- red flag laws
---
# HB 120. Crimes and offenses; preemption of local regulation and lawsuits relative to firearms, ammunition, and other weapons; provide for a definition
## Text
House Bill 120
By: Representatives Byrd of the 20th and Kahaian of the 81st
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 16-11-173 of the Official Code of Georgia Annotated, relating to
preemption of local regulation and lawsuits relative to firearms, ammunition, and other
weapons, so as to provide for a definition; to prohibit the enforcement of federal and other
extreme risk protection orders in this state; to prohibit the acceptance of federal funds
relating to extreme risk protection orders; to provide for applicability; to provide for cause
of action and venue; to provide for civil monetary penalty; to provide for hearings; to
authorize action by the Attorney General; to waive sovereign immunity; to provide for
related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 16-11-173 of the Official Code of Georgia Annotated, relating to preemption
of local regulation and lawsuits relative to firearms, ammunition, and other weapons, is
amended by adding a new subsection to read as follows:
"(b.1)(1) As used in this subsection, the term 'extreme risk protection order' means:
(A) Any gun control law, order, or measure that directs the temporary or permanent
seizure of any firearm, firearm accessory, or ammunition of an individual without the
adjudication of a contested court case; or
(B) Any federal or state statute, federal or state rule, federal or state executive order,
or any federal or state judicial order or finding that:
(i) Prohibits a Georgia citizen from owning, possessing, transporting, transferring,
or receiving any firearm, firearm accessory, or ammunition unless the individual has
been convicted of a violent felony crime or is otherwise prohibited by state law from
possessing a firearm; or
(ii) Orders the removal or requires the surrender of any firearm, firearm accessory,
or ammunition from a Georgia citizen unless the individual has been convicted of a
violent felony or is otherwise prohibited by state law from possessing a firearm.
(2) Any federal order of protection, other judicial order issued by a federal court, or
federal executive order that is an extreme risk protection order or otherwise directs the
confiscation of any firearm, firearm accessory, or ammunition from any law-abiding
citizen within the borders of this state shall not be enforced in this state by any state
agency, political subdivision, or state or local law enforcement agency.
(3) No state agency, political subdivision, or state or local law enforcement agency shall
receive any federal moneys for the purpose of enforcing any federal statute, federal rule,
federal executive order, or federal judicial order or findings for the purpose of enforcing
any state statute, state rule, state executive order, or state judicial order or findings that
would have the effect of enforcing an extreme risk protection order against a Georgia
citizen.
(4) No state entity or employee thereof, political subdivision or employee thereof, or
other entity or person shall have the authority to enforce or attempt to enforce an extreme
risk protection order regardless of the extreme risk protection order's origin or the
authority of the issuing entity.
(5) Nothing in this subsection shall apply to any agent of the federal government
enforcing a federal law or federal order or be construed to prohibit Georgia officials from
accepting aid from federal officials in an effort to enforce Georgia laws.
(6) A political subdivision or state or local law enforcement agency that employs a law
enforcement officer who knowingly acts to violate this subsection and enforce an extreme
risk protection order under the color of any federal or state statute, federal or state rule,
federal or state executive order, or federal or state judicial order or finding shall be liable
to the party against whom the extreme risk protection order was enforced in an action at
law, suit in equity, or other proper proceeding for redress and shall be subject to a civil
penalty of $50,000.00 per occurrence.
(7) Any person injured under this subsection shall have standing to pursue an action for
injunctive relief in the superior court of the county in which the action allegedly occurred.
The Attorney General shall also have standing to bring an action to enforce the provisions
of this subsection.
(8) The court shall hold a hearing on any motion for a temporary restraining order or
preliminary injunction within 30 days of service of a petition for the same.
(9) In an action brought under this subsection by a party against whom an extreme risk
protection order was enforced, a court may order injunctive or other equitable relief,
recovery of damages, other legal remedies, and payment of reasonable attorney's fees,
costs, and expenses of the party. The relief and remedies set forth in this paragraph shall
not be deemed exclusive and shall be in addition to any other relief or remedies permitted
by law. The court may award the prevailing party, if not the state of Georgia or a
political subdivision thereof, reasonable attorney's fees and costs.
(10) Sovereign immunity shall not be an affirmative defense to any action brought under
this subsection."
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 120 would bar Georgia agencies and local police from enforcing federal or other 'extreme risk protection orders' that seize firearms without a contested court case, and would let affected gun owners sue for damages.
### Plain-language summary
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.
### What it does
- 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.
### Who it affects
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.
### Why it matters
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.
### Key provisions
- 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.
## 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/69494
> The history, votes, and amendments (129 characters) are at https://georgiacommons.org/bills/2025-2026/hb120.md?full=1