Georgia CommonsHB 3: Brady Law Regulations; require universal background checks in all manner of firearm transfers
Last action January 15, 2025 · House Second Readers
House Bill 3 would require background checks for nearly all firearm transfers in Georgia, not just sales by licensed dealers, by making unlicensed sellers route transfers through a dealer who runs the check.
The summaries below were written by an AI model (claude-sonnet-5) from the text of the bill and are not part of it. Quote the text, not the summary. The stored text is the Introduced version, the latest LegiScan holds.
In plain language
Currently, Georgia law requires background checks only when a licensed firearms dealer sells a gun. Private transfers between unlicensed individuals, such as many gun show or online sales, do not require a background check. House Bill 3 would change that by requiring that an unlicensed person who wants to transfer a firearm to another unlicensed person must first take it to a licensed dealer, who would run the same National Instant Criminal Background Check System (NICS) check used for dealer sales. The bill lists several exceptions, including transfers between close family members, temporary loans to prevent imminent harm, transfers at shooting ranges or for hunting, antique firearms, and transfers involving law enforcement or the military. Dealers could charge a reasonable fee for facilitating these transfers. A first violation would be a misdemeanor, and a second or later violation would be a felony punishable by one to three years in prison. The new requirement would apply only to transfers completed on or after July 1, 2025.
What the bill does
- Requires that unlicensed persons route almost all firearm transfers through a licensed dealer, who must run a background check (NICS check) before the transfer can be completed.
- Directs dealers to refuse to complete a transfer if the check shows the recipient is legally barred from having a firearm, and to withhold return of the firearm if the original owner is also barred.
- Allows dealers to charge a reasonable fee for handling these background-check transfers.
- Creates a list of exemptions, including family transfers, antique firearms, shooting range use, hunting, emergency loans, and transfers involving law enforcement, security professionals, or the military.
- Makes a first violation a misdemeanor and a second or later violation a felony punishable by one to three years in prison.
- Sets the new requirement to apply only to firearm transfers completed on or after July 1, 2025.
Who it affects
Georgians who buy, sell, loan, or gift firearms outside of a licensed dealer's regular inventory sales, including private sellers, gun show participants, and online sellers. Licensed firearms dealers would take on a new role facilitating these transfers, and family members, hunters, and shooting range users would rely on the bill's listed exceptions.
Why it matters
Private firearm transfers in Georgia currently happen without any background check in most cases. This bill would close that gap by requiring a dealer-run background check for most transfers between private individuals, adding a new step, potential fees, and criminal penalties for people who skip the process.
Key provisions
- Section 1 rewrites the definitions in O.C.G.A. § 16-11-171, adding definitions for 'person,' 'transferee,' 'transferor,' and 'unlicensed person' to support the new transfer rules.
- Section 2 creates new Code Section 16-11-174, barring unlicensed persons from transferring a firearm unless a licensed dealer facilitates the transfer and runs an NICS background check.
- Section 2 requires dealers to use the same procedures as a normal sale, including completing the background check and keeping records, and to deliver or refuse the firearm based on the check's result.
- Section 2 lists exemptions covering family transfers, antique and curio firearms, law enforcement and military transfers, emergency loans, repair transfers, shooting ranges, and hunting or fishing transfers.
- Section 2 sets penalties: a first violation is a misdemeanor, and a second or subsequent violation is a felony punishable by one to three years in prison.
- Section 2 states the new requirement applies only to transfers completed on or after July 1, 2025.
- Section 3 repeals any conflicting laws.
From the bill
“No unlicensed person shall transfer a firearm unless such transfer is facilitated by a dealer in accordance with this Code section.”
“For a first offense, be guilty of a misdemeanor; or (2) For a second or subsequent offense, be guilty of a felony and, upon conviction, be punished by imprisonment for not less than one nor more than three years.”
Status timeline
- House Second Readers (House)
- House First Readers (House)
- House Hopper (House)
Sponsors
- Michelle Au (D, HD-050)
- Carolyn Hugley (D, HD-141)
- Samuel Park (D, HD-107)
- Tanya Miller (D, HD-062)
- Spencer Frye (D, HD-122)
- Debbie Buckner (D, HD-137)
Topics
- gun control
- background checks
- firearm sales
- criminal penalties
- Brady Law