Georgia CommonsHB 452: Firearms; persons convicted of family violence offenses cannot possess or purchase; provide
Last action February 19, 2025 · House Second Readers
House Bill 452 would make it a Georgia felony for people convicted of family violence offenses or subject to family violence protective orders to receive, possess, transport, or try to buy firearms.
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
Under current Georgia law (O.C.G.A. § 16-11-131), firearm possession bans mainly target convicted felons and certain probationers. This bill adds new categories: people convicted of a family violence offense, people on first-offender probation for a family violence offense, and people currently subject to a family violence protective order. Any of them who receives, possesses, transports, or tries to buy or obtain a firearm would commit a felony. The bill also adds definitions for 'family violence offense,' 'family violence protective order,' and 'antique firearm' (which is excluded from the ban), and clarifies the existing 'forcible felony' definition. People barred because of a protective order get their gun rights back automatically once the order expires or is dismissed; others can ask a superior court or the State Board of Pardons and Paroles to restore their rights five years after completing their sentence if they have no pending charges and have paid fines and restitution. The changes would take effect July 1, 2025, and apply to convictions or protective orders issued on or after that date.
What the bill does
- Bars anyone convicted of a family violence offense, or on first-offender probation for one, from receiving, possessing, transporting, or buying a firearm, punishable by 1 to 5 years in prison (5 years if the offense was a forcible felony).
- Bars anyone currently subject to a family violence protective order from receiving, possessing, transporting, or trying to buy a firearm, punishable by 1 to 5 years in prison.
- Adds a legal definition of 'family violence offense' tied to the offenses listed in Georgia's family violence code (O.C.G.A. § 19-13-1) and a definition of 'family violence protective order.'
- Excludes 'antique firearms' (pre-1898 designs and certain replicas) from the definition of firearm covered by this section.
- Lets a person barred under this law ask a superior court or the State Board of Pardons and Paroles to restore firearm rights five years after completing a sentence, if they have no pending charges and have paid fines and restitution.
- Automatically restores firearm rights once a family violence protective order expires or is dismissed.
Who it affects
People convicted of family violence offenses or on first-offender probation for one, people currently under a family violence protective order, victims and family members involved in those court cases, superior courts and the State Board of Pardons and Paroles handling rights-restoration requests, and firearm dealers who must screen buyers.
Why it matters
Georgians with a family violence conviction or an active protective order against them would face felony charges for owning or trying to buy a gun, closing a gap in current law that mainly restricts felons. The change could affect prosecutions, background checks, and how quickly someone can regain gun rights after a case ends.
Key provisions
- Section 1 rewrites O.C.G.A. § 16-11-131 to add definitions for 'antique firearm,' 'family violence offense,' and 'family violence protective order,' and restates the existing 'forcible felony' definition.
- New subsection (b.2) makes it a felony (1 to 5 years, or 5 years if the underlying offense was a forcible felony) for someone convicted of or on probation for a family violence offense to possess, transport, or try to buy a firearm.
- New subsection (b.3) makes it a felony (1 to 5 years) for someone subject to a family violence protective order to possess, transport, or try to buy a firearm while the order is active.
- Amended subsection (c) lets a person seek restoration of firearm rights through superior court or the State Board of Pardons and Paroles five years after completing their sentence, if there are no pending charges and fines/restitution are paid.
- New subsection (g) automatically lifts the firearm ban once a family violence protective order expires or is dismissed.
- Section 2 sets the effective date as July 1, 2025, applying to family violence convictions or protective orders issued on or after that date.
From the bill
“Any person who is subject to a family violence protective order and who, during the pendency of such protective order, receives, possesses, transports, or attempts to purchase or obtain transfer of a firearm commits a felony and, upon conviction thereof, shall be imprisoned for not less than one year nor more than five years.”
“'Family violence offense' shall include the offenses listed in paragraph (2) of Code Section 19-13-1 when committed against past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household.”
Status timeline
- House Second Readers (House)
- House First Readers (House)
- House Hopper (House)
Sponsors
- Shea Roberts (D, HD-052)
- Karen Lupton (D, HD-083)
- Lisa Campbell (D, HD-035)
- Anne Westbrook (D, HD-163)
- Bryce Berry (D, HD-056)
- Tangie Herring (D, HD-145)
Topics
- gun control
- family violence
- domestic violence protective orders
- firearm possession laws
- criminal penalties