Georgia CommonsHB 120: Crimes and offenses; preemption of local regulation and lawsuits relative to firearms, ammunition, and other weapons; provide for a definition
Introduced version, the latest LegiScan holds · Last action January 29, 2025 · Introduced
The text as LegiScan holds it, read from the PDF the legislature publishes with its margin line numbers, running heads, and page footers removed. Line breaks are joined into paragraphs here; no word is changed.
Underlined words are what the bill adds to current law and struck-through words are what it removes, as the printed bill shows them.
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.