HB 1324: Crimes and offenses; possessing a silencer; repeal prohibition

Under current Georgia law (O.C.G.A. Chapter 11 of Title 16), possessing a silencer is illegal alongside sawed-off shotguns, sawed-off rifles, machine guns, and other dangerous weapons, unless an exemption applies, such as registering the item under federal law. This bill removes silencers from that ban entirely, rewriting several Code sections that list prohibited weapons and definitions so silencers are no longer covered. The bill also updates the enhanced-penalty law for using certain weapons during violent crimes (O.C.G.A. § 16-11-160), adding formal definitions for terms like 'machine gun' and 'silencer or suppressor' and reorganizing the section's subsections, while keeping the requirement that using a firearm equipped with a silencer or suppressor during crimes like armed robbery or murder still carries enhanced penalties. Other exemption language, including references to the National Firearms Act, is updated to reference federal law generally. The changes would take effect July 1, 2026, and apply to offenses committed on or after that date.

• Repeals the definition of 'silencer' from Georgia's dangerous weapons law (O.C.G.A. § 16-11-121), removing it as a legally defined dangerous instrumentality.
• Removes silencers from the list of weapons banned from general possession under O.C.G.A. § 16-11-122, so simple possession of a silencer alone is no longer a crime under that section.
• Removes silencers from the felony offense of unlawful possession of firearms or weapons under O.C.G.A. § 16-11-123, which still covers sawed-off shotguns, sawed-off rifles, machine guns, and dangerous weapons.
• Updates the exemptions section (O.C.G.A. § 16-11-124) to remove silencer-specific registration language and instead reference general federal law compliance.
• Rewrites the enhanced penalty statute for using weapons during violent crimes (O.C.G.A. § 16-11-160) to add formal definitions, including a new definition of 'silencer or suppressor,' while keeping enhanced penalties for using a firearm equipped with one during listed crimes.
• Sets an effective date of July 1, 2026, applying only to offenses committed on or after that date.

Georgians who own or want to own firearm silencers, gun owners more broadly, prosecutors and law enforcement who currently charge silencer possession as a crime, and people charged with violent felonies like armed robbery or murder where a silencer-equipped firearm is used, since enhanced penalties for that specific circumstance remain in place.

If enacted, simply possessing a silencer in Georgia would no longer be a standalone crime, changing what police can charge and what prosecutors can prove. Using a silencer-equipped firearm during certain violent crimes would still trigger the same enhanced prison sentences as before.

• Section 1 repeals paragraph (7) of O.C.G.A. § 16-11-121, eliminating the statutory definition of 'silencer' used elsewhere in the dangerous weapons law.
• Section 2 revises O.C.G.A. § 16-11-122 to strike 'or silencer' from the list of weapons a person may not possess.
• Section 3 revises O.C.G.A. § 16-11-123 to remove silencers from the felony offense of unlawful possession of firearms or weapons, which still carries a five-year prison sentence for the remaining listed weapons.
• Section 4 revises the exemptions in O.C.G.A. § 16-11-124, removing silencer-specific registration references and replacing them with a general reference to compliance with federal law.
• Section 5 rewrites O.C.G.A. § 16-11-160, adding definitions including 'silencer or suppressor,' and preserves enhanced penalties (up to life imprisonment for repeat offenses) for using a silencer-equipped firearm during crimes like armed robbery, murder, or arson.
• Section 6 sets the effective date as July 1, 2026, applying only to offenses committed on or after that date.
• Section 7 repeals any conflicting laws.

1. 2026-03-06House Third Reading Lost (House)
2. 2026-03-06House Third Readers (House)
3. 2026-03-03House Withdrawn, Recommitted (House)
4. 2026-02-24House Committee Favorably Reported (House)
5. 2026-02-19House Second Readers (House)
6. 2026-02-18House First Readers (House)
7. 2026-02-17House Hopper (House)

• Jason Ridley (R, HD-006)Primary sponsor
• Charles Cannon (R, HD-172)
• Trey Rhodes (R, HD-124)
• Noel Williams (R, HD-148)
• John Corbett (R, HD-174)

1. PassedHouse voteMarch 6, 2026

   87 yea, 76 nay (1 not voting, 13 absent)

   Passage: House Vote #665

• gun laws
• silencers and suppressors
• criminal penalties
• weapons possession