The House Committee on Rules offers the following substitute to HB 1324:
A BILL TO BE ENTITLED
AN ACT
To amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated,
relating to dangerous instrumentalities and practices, so as to repeal the prohibition on
possessing a silencer; to provide for conforming changes; to provide for definitions; to
provide for related matters; to provide for an effective date and applicability; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to
dangerous instrumentalities and practices, is amended in Part 2, relating to possession of
dangerous weapons, by repealing paragraph (7) of Code Section 16-11-121, relating to
definitions relative to possession of dangerous weapons.
SECTION 2.
Said article is further amended in said part by revising Code Section 16-11-122, relating to
possession of sawed-off shotgun or rifle, machine gun, silencer, or dangerous weapon
prohibited, as follows:
"16-11-122.
No person shall have in his <ins>or her</ins> possession any sawed-off shotgun, sawed-off rifle,
machine gun, <ins>or</ins> dangerous weapon, <del>or silencer</del> except as provided in Code
Section 16-11-124."
SECTION 3.
Said article is further amended in said part by revising Code Section 16-11-123, relating to
unlawful possession of firearms or weapons, as follows:
"16-11-123.
A person commits the offense of unlawful possession of firearms or weapons when he or
she knowingly has in his or her possession any sawed-off shotgun, sawed-off rifle, machine
gun, <ins>or</ins> dangerous weapon, <del>or silencer,</del> and, upon conviction thereof, he or she shall be
punished by imprisonment for a period of five years."
SECTION 4.
Said article is further amended in said part by revising Code Section 16-11-124, relating to
exemptions from application of part, as follows:
"16-11-124.
This part shall not apply to:
(1) A peace officer of any duly authorized police agency of this state or of any political
subdivision thereof, or a law enforcement officer of any department or agency of the
United States who is regularly employed and paid by the United States, this state, or any
such political subdivision, or an employee of the Department of Corrections of this state
who is authorized in writing by the commissioner of corrections to transfer or possess
such firearms while in the official performance of his <ins>or her</ins> duties;
(2) A member of the National Guard or of the armed forces of the United States to wit:
the army, navy, marine corps, air force, space force, or coast guard who, while serving
therein, possesses such firearm in the line of duty;
(3) Any sawed-off shotgun, sawed-off rifle, machine gun, <ins>or</ins> dangerous weapon, <del>or
silencer</del> which has been modified or changed to the extent that it is inoperative.
Examples of the requisite modification include weapons with their barrel or barrels filled
with lead, hand grenades filled with sand, or other nonexplosive materials;
(4) Possession of a sawed-off shotgun, sawed-off rifle, machine gun, <ins>or</ins> dangerous
weapon, <del>or silencer</del> by a person who <del>is authorized to possess</del> <ins>possesses</ins> the same <del>because
he has registered the sawed-off shotgun, sawed-off rifle, machine gun, dangerous
weapon, or silencer</del> in accordance with <del>the dictates of the National Firearms Act, 68A
Stat. 725 (26 U.S.C. Sections 5841-5862)</del> <ins>federal law;</ins> and
(5) A security officer employed by a federally licensed nuclear power facility or a
licensee of such facility, including a contract security officer, who is trained and qualified
under a security plan approved by the United States Nuclear Regulatory Commission or
other federal agency authorized to regulate nuclear facility security; provided, however,
that this exemption shall apply only while such security officer is acting in connection
with his or her official duties on the premises of such nuclear power facility or on
properties outside the facility property pursuant to a written agreement entered into with
the local law enforcement agency having jurisdiction over the facility. <del>The exemption
under this paragraph does not include the possession of silencers."
</del> SECTION 5.
Said article is further amended in Part 4A, relating to enhanced criminal penalties, by
revising Code Section 16-11-160, relating to use of machine guns, sawed-off rifles,
sawed-off shotguns, or firearms with silencers during commission of certain offenses and
enhanced criminal penalties, as follows:
"16-11-160.
<del>(a)(1)</del> <ins>As used in this Code section, the term:
(1) 'Bulletproof vest' means a bullet-resistant soft body armor providing, as a minimum
standard, the level of protection known as 'threat level I,' which means at least seven
layers of bullet-resistant material providing protection from at least three shots of
158-grain lead ammunition fired from a .38 caliber handgun at a velocity of 850 feet per
second.
(2) 'Machine gun' shall have the same meaning as set forth in Code Section 16-11-121.
(3) 'Sawed-off rifle' shall have the same meaning as set forth in Code Section 16-11-121.
(4) 'Sawed-off shotgun' shall have the same meaning as set forth in Code
Section 16-11-121.
(5) 'Silencer or suppressor' means any device for diminishing the report of any portable
weapon or other device from which a shot, bullet, or projectile may be discharged by an
explosive.
(b)</ins> It shall be unlawful for any person to possess or to use a machine gun, sawed-off rifle,
sawed-off shotgun, or firearm equipped with a silencer <ins>or suppressor,</ins> <del>as those terms are
defined in Code Section 16-11-121,</del> during the commission or the attempted commission
of any of the following offenses:
<del>(1)(A)</del> Aggravated assault as defined in Code Section 16-5-21;
<del>(2)(B)</del> Aggravated battery as defined in Code Section 16-5-24;
<del>(3)(C)</del> Robbery as defined in Code Section 16-8-40;
<del>(4)(D)</del> Armed robbery as defined in Code Section 16-8-41;
<del>(5)(D.1)</del> Home invasion in any degree as defined in Code Section 16-7-5;
<del>(6)(E)</del> Murder or felony murder as defined in Code Section 16-5-1;
<del>(7)(F)</del> Voluntary manslaughter as defined in Code Section 16-5-2;
<del>(8)(G)</del> Involuntary manslaughter as defined in Code Section 16-5-3;
<del>(9)(H)</del> Sale, possession for sale, transportation, manufacture, offer for sale, or offer to
manufacture controlled substances in violation of any provision of Article 2 of
Chapter 13 of this title, the 'Georgia Controlled Substances Act';
<ins>(10)(I)</ins> Terroristic threats or acts as defined in Code Section 16-11-37;
<ins>(11)(J)</ins> Arson as defined in Code Section 16-7-60, <ins>16-7-60.1,</ins> 16-7-61, or 16-7-62 or
arson of lands as defined in Code Section 16-7-63;
<ins>(12)(K)</ins> Influencing witnesses as defined in Code Section 16-10-93; and
<ins>(13)(L)</ins> Participation in criminal gang activity as defined in Code Section 16-15-4.
<del>(2)(A) As used in this paragraph, the term 'bulletproof vest' means a bullet-resistant
soft body armor providing, as a minimum standard, the level of protection known as
'threat level I,' which means at least seven layers of bullet-resistant material providing
protection from at least three shots of 158-grain lead ammunition fired from a .38
caliber handgun at a velocity of 850 feet per second.
(c)(B)</del> It shall be unlawful for any person to wear a bulletproof vest during the commission
or the attempted commission of any of the following offenses:
<ins>(1)(i)</ins> Any crime against or involving the person of another in violation of any of the
provisions of this title for which a sentence of life imprisonment may be imposed;
<del>(2)(ii)</del> Any felony involving the manufacture, delivery, distribution, administering, or
selling of controlled substances or marijuana as provided in Code Section 16-13-30; or
<del>(3)(iii)</del> Trafficking of substances in violation of Code Section 16-13-31.
<ins>(d)(b)</ins> Any person who violates <del>paragraph (1) of</del> subsection <ins>(a)(b)</ins> of this Code section
shall be guilty of a felony, and, upon conviction thereof, shall be punished by confinement
for a period of ten years, <ins>and</ins> such sentence <del>to</del> <ins>shall</ins> run consecutively to any other sentence
which the person has received.
<ins>(e)</ins> Any person who violates <del>paragraph (2) of</del> subsection <ins>(a)(c)</ins> of this Code section shall
be guilty of a felony, and, upon conviction thereof, shall be punished by confinement for
a period of one to five years, <ins>and</ins> such sentence <del>to</del> <ins>shall</ins> run consecutively to any other
sentence which the person has received.
<del>(f)(c)</del> Upon the second or subsequent conviction of a person under this Code section, the
person shall be punished by life imprisonment. Notwithstanding any other law to the
contrary, the sentence of any person which is imposed for violating this Code section a
second or subsequent time shall not be suspended by a court or a probationary sentence
imposed in lieu thereof.
<ins>(g)(d)</ins> The punishment prescribed for the violation of subsections <del>(a) and</del> <ins>(b),</ins> (c), <ins>and (f)
</ins> of this Code section shall not be probated or suspended as <del>is</del> provided by Code
Section 17-10-7.
<ins>(h)(e)</ins> Any crime committed in violation of this Code section shall be considered a separate
offense."
SECTION 6.
This Act shall become effective on July 1, 2026, and shall apply to all offenses committed
on or after such date.
SECTION 7.
All laws and parts of laws in conflict with this Act are repealed.