HB 63: Crimes and offenses; establish offense of failure to adequately secure a loaded or unloaded firearm

Georgia law currently does not specifically penalize gun owners for how they store their firearms. This bill would add a new offense to Georgia's firearms code (O.C.G.A. § 16-11-132.1) called failure to adequately secure a firearm. Under the bill, a firearm owner who stores or leaves a loaded or unloaded gun in a way they knew or should have known would let someone else get it could be charged if that gun ends up in the hands of a minor who displays it in public or uses it to threaten violence, or in the hands of anyone who uses it to commit a crime or to injure or kill someone (unless that act was lawful self-defense or defense of property). The offense would be a misdemeanor with a fine of at least $500. The bill defines firearm broadly to include handguns, rifles, shotguns, and similar devices that fire a projectile using an explosive or electrical charge.

• Creates a new misdemeanor offense in Georgia law for owners who store or leave a firearm where another person could reasonably be expected to obtain it.
• Applies the offense when a minor obtains the unsecured firearm and displays it publicly or uses it to threaten violence.
• Applies the offense when any person obtains the unsecured firearm and uses it to commit a crime or cause injury or death, unless the act was lawful self-defense.
• Sets the penalty at a misdemeanor with a fine of not less than $500.
• Defines 'firearm' to include handguns, rifles, shotguns, and similar devices that expel a projectile by explosive or electrical charge.

Firearm owners in Georgia, particularly those who store guns in homes accessible to minors or others, would face new legal exposure. The bill could also affect minors and other individuals who obtain unsecured firearms, as well as prosecutors and courts handling these new misdemeanor cases.

If enacted, gun owners could face criminal charges and a fine if their unsecured firearm is later used by a minor to threaten violence or by anyone to commit a crime or cause injury or death. This creates a new legal responsibility tied directly to how a firearm is stored, not just how it is used.

• Section 1 adds new Code section 16-11-132.1 defining 'firearm' broadly to include handguns, rifles, shotguns, and similar projectile weapons.
• Section 1 establishes liability for an owner who knew or should have known another person could obtain an improperly stored firearm.
• Section 1 limits the offense to two scenarios: a minor exhibiting the firearm publicly or using it to threaten violence, or any person using it in a crime or causing injury or death outside lawful self-defense.
• Section 1 sets the penalty as a misdemeanor with a minimum fine of $500.
• Section 2 repeals any conflicting laws.

1. 2025-01-17House Second Readers (House)
2. 2025-01-16House First Readers (House)
3. 2025-01-15House Hopper (House)

• Mary Oliver (D, HD-084)Primary sponsor
• Michelle Au (D, HD-050)
• Samuel Park (D, HD-107)
• Long Tran (D, HD-080)
• Anne Westbrook (D, HD-163)
• Mary Williams (D, HD-037)

• gun storage laws
• firearm safety
• criminal penalties
• child safety
• gun owner responsibility