HB 453: Georgia Red Flag Protective Order Act; enact

Georgia currently has no formal court process for temporarily removing firearms from someone in crisis before a violent act occurs. HB 453 would create the 'Georgia Red Flag Protective Order Act' as a new part of state law (O.C.G.A. Title 16, Chapter 11). It lets a family or household member, or a law enforcement officer, petition a superior court for a 'risk protection order' against a person believed to pose a significant danger of injuring themselves or others with a firearm. Courts could issue emergency ex parte orders within two business days without notifying the respondent first, followed by a full hearing within 14 days where the standard is clear and convincing evidence. Orders could last up to 12 months and be extended. Respondents must surrender firearms, ammunition, and any weapons carry license to local police, who must run background checks before returning them once an order ends. Lying under oath or possessing a firearm while under an order becomes a high and aggravated misdemeanor. The Administrative Office of the Courts must create standard forms, instructions, and multilingual materials for the process.

• Creates a new legal process allowing family members, household members, or law enforcement officers to petition a superior court for a 'risk protection order' against someone believed to pose a significant danger with a firearm.
• Allows courts to issue emergency 'temporary ex parte' orders without notifying the respondent first, based on reasonable cause, followed by a hearing within two business days.
• Requires a full hearing within 14 days where the court can issue a risk protection order lasting up to 12 months if it finds clear and convincing evidence of danger.
• Requires respondents to surrender all firearms, ammunition, and weapons carry licenses to local law enforcement, with penalties for noncompliance including search warrants.
• Makes it a high and aggravated misdemeanor to lie under oath in a hearing under this law or to possess a firearm while barred by an order.
• Directs the Administrative Office of the Courts to create standardized petition and order forms, instructional brochures, and multilingual materials for the new process.

Family and household members seeking protection, individuals subject to a risk protection order (who lose access to firearms, ammunition, and carry licenses), local law enforcement agencies that serve orders and store surrendered weapons, superior courts that hear petitions, and the Administrative Office of the Courts, which must produce forms and training materials.

Georgians without a current legal tool to intervene before a person in crisis harms themselves or others with a firearm would gain access to a court process for temporary removal of weapons. People subject to an order would lose firearm access for up to a year, and violating the order or lying in a hearing would carry criminal penalties.

• Section 16-11-142 requires petitions to identify the respondent, describe firearms believed to be in their possession, and include a sworn affidavit of specific facts supporting the fear of danger.
• Section 16-11-143 requires a hearing within 14 days of a petition and lets courts issue a risk protection order for up to 12 months if clear and convincing evidence shows significant danger.
• Section 16-11-144 allows emergency temporary ex parte orders issued without notice to the respondent if the court finds reasonable cause of danger, with a follow-up hearing within two business days.
• Section 16-11-146 lets respondents request one hearing to vacate the order and lets petitioners request extensions of up to 12 months near the order's expiration.
• Section 16-11-147 requires respondents to surrender firearms, ammunition, and carry licenses to local police, and allows search warrants if surrender does not happen voluntarily.
• Section 16-11-148 requires a background check confirming eligibility before surrendered firearms are returned once an order ends or is vacated.
• Section 16-11-149.2 makes false statements under oath in these hearings, or possessing a firearm in violation of an order, a high and aggravated misdemeanor.
• Section 16-11-149.5 requires the Administrative Office of the Courts to develop standardized forms, instructions, and multilingual informational brochures for the process.

1. 2025-02-19House Second Readers (House)
2. 2025-02-18House First Readers (House)
3. 2025-02-13House Hopper (House)

• Shea Roberts (D, HD-052)Primary sponsor
• Esther Panitch (D, HD-051)
• Lisa Campbell (D, HD-035)
• Bryce Berry (D, HD-056)
• Tangie Herring (D, HD-145)

• gun laws
• red flag law
• firearm removal
• domestic violence
• court orders