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All laws and parts of laws in conflict with this Act are repealed.