---
title: HB 63. Crimes and offenses; establish offense of failure to adequately secure a loaded or unloaded firearm
collection: bills
id: 2025-2026/hb63
cite_as: HB 63, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb63
md_url: https://georgiacommons.org/bills/2025-2026/hb63.md
text_url: https://georgiacommons.org/bills/2025-2026/hb63/text
source_url: https://www.legis.ga.gov/legislation/69375
date: 2025-01-17
status: introduced
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/bills/2025-2026.md
previous: https://georgiacommons.org/bills/2025-2026/hb62.md
next: https://georgiacommons.org/bills/2025-2026/hb64.md
index: https://georgiacommons.org/bills/index.md
omitted: votes and history
omitted_chars: 129
omitted_url: https://georgiacommons.org/bills/2025-2026/hb63.md?full=1
bill_number: HB 63
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2025-01-15
last_action: House Second Readers
sponsors:
  - Mary Oliver
  - Michelle Au
  - Samuel Park
  - Long Tran
  - Anne Westbrook
  - Mary Williams
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB63/2025
upstream_id: 1922205
summaries_model: claude-sonnet-5
topic_tags:
  - gun storage laws
  - firearm safety
  - criminal penalties
  - child safety
  - gun owner responsibility
---

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

## Text

House Bill 63
By: Representatives Oliver of the 84th, Au of the 50th, Park of the 107th, Tran of the 80th,
Westbrook of the 163rd, and others
A BILL TO BE ENTITLED
AN ACT
To amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia
Annotated, relating to carrying and possession of firearms, so as to establish the offense of
failure to adequately secure a loaded or unloaded firearm; to provide for a penalty; to provide
for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated,
relating to carrying and possession of firearms, is amended by adding a new Code section to
read as follows:
<ins>"16-11-132.1.
(a) As used in this Code section, the term 'firearm' means any handgun, rifle, shotgun, or
similar device or weapon which will or can be converted to expel a projectile by the action
of an explosive or electrical charge.
(b) Any owner of a firearm who possesses, stores, or leaves the loaded or unloaded firearm
in a manner in which he or she knew or should have known that another individual could
</ins>
<ins>obtain the firearm shall be guilty of the offense of failure to adequately secure a firearm
when the firearm is obtained by:
(1) A minor and exhibited in a public place or while making a threat of violence; or
(2) Any individual, regardless of age, and used during the commission of a crime or
during an act which results in the injury or death of such individual or another when such
act was not the lawful defense of people or property.
(c) A violation of this Code section shall be a misdemeanor punishable by a fine of not less
than $500.00."
</ins> SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.

## Summaries written by Georgia Commons

The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.

A Georgia House bill would make it a crime for a firearm owner to leave a gun stored so carelessly that a minor or someone using it in a crime or violent act could get hold of it, punishable by at least a $500 fine.

### Plain-language summary

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.

### What it does

- 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.

### Who it affects

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.

### Why it matters

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.

### Key provisions

- 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.

## Status

- Status: Introduced (2025-01-15)
- Last action: House Second Readers (2025-01-17)
- Sponsors: Mary Oliver, Michelle Au, Samuel Park, Long Tran, Anne Westbrook, Mary Williams
- Official page: https://www.legis.ga.gov/legislation/69375

> The history, votes, and amendments (129 characters) are at https://georgiacommons.org/bills/2025-2026/hb63.md?full=1
