Senate Bill 224
By: Senators Harrell of the 40th, Jackson of the 41st and Parent of the 44th
A BILL TO BE ENTITLED
AN ACT
To amend Part 5 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia
Annotated, relating to Brady Law regulations, so as to provide for the establishment of a
voluntary do not sell list for firearms; to provide for definitions; to provide for procedures
and conditions for registration and removal from such list; to provide for penalties; to provide
for limitation on the records relating to registration or removal; to provide for forms and rules
and regulations; to provide for related matters; to provide for a short title; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as "Donna's Law."
SECTION 2.
Part 5 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated,
relating to Brady Law regulations, is amended by adding a new Code section to read as
follows:
<ins>"16-11-174.
(a) As used in this Code section, the term:
(1) 'Do not sell list' or 'list' means a registry developed and maintained by the center that
records individuals prohibited from purchasing a firearm and who registered for such
prohibition voluntarily.
(2) 'Healthcare provider' means a person that provides healthcare or professional services
related to healthcare and is acting within the scope of the person's license, certification,
practice, education, or training.
(b)(1) Any individual who desires to be prohibited from purchasing a firearm may
register for inclusion on the do not sell list upon a form prescribed and furnished by the
center for such purpose:
(A) In person with a healthcare provider upon verification of identity by such
healthcare provider; or
(B) In person under oath with the judge of the probate court of his or her county of
residence.
(2) The form for registration pursuant to this Code section shall require the submission
of the name and contact information for two individuals who shall be contacted upon any
request for removal pursuant to subsection (d) of this Code section.
(3) A healthcare provider or probate judge accepting a registration request pursuant to
this subsection shall transmit such information to the center no later than one business
day after receipt of such completed form.
(4) The center shall provide the name of an individual registering for inclusion upon the
do not sell list to the NICS within 24 hours of receipt of such registration request.
(c)(1) It shall be unlawful to sell or offer for sale a firearm to any individual known to
be on the do not sell list. Any person found to have violated this paragraph shall be guilty
of the offense of an unauthorized sale of a firearm and punished as for a felony.
</ins>
<ins>(2) Any individual on the do not sell list who knowingly possesses a firearm shall be
liable for a civil monetary penalty of $25.00.
(d) No sooner than seven calendar days from the date a registration request pursuant to
subsection (b) of this Code section was submitted to the center by a healthcare provider or
probate judge, an individual may, on a form prescribed and furnished by the center for such
purpose, request to be removed from the do not sell list. Upon receipt of a request for
removal from the list pursuant to this subsection, the center shall inform each individual
listed upon the registration form as required under paragraph (2) of subsection (b) of this
Code section of such removal request. No later than 21 days from receipt of a request for
removal pursuant to this subsection, the center shall remove such individual from the list,
provide such information to the NICS, and destroy all records related to the individual's
original request for inclusion upon the do not sell list and request for removal from the list.
(e) Any individual who knowingly provides false information in executing the forms
required by this Code section commits the offense of false swearing within the meaning of
Code Section 16-10-71 and shall be subject to the penalties prescribed by such Code
section.
(f) Evidence of an individual's registration or removal from the do not sell list shall not be
used:
(1) In any court or proceeding or as a part of a criminal prosecution other than as
provided for in this Code section or in a prosecution for false swearing;
(2) By an employer to dismiss, discharge, demote, deny employment, or otherwise alter
the terms of employment;
(3) By an insurer as a basis for denial, modification, or reduction in coverage;
(4) To discriminate against such individual due to his or her disability as protected by
fair housing provisions in Article 4 of Chapter 3 of Title 8;
</ins>
<ins>(5) By the state, any agency or instrumentality thereof, or any county, municipality, or
other political subdivision of this state to reduce any benefit, program, or assistance
provided under a law or regulation; or
(6) By a healthcare provider to deny service.
(g) Records relating to the registration or removal of an individual from the do not sell list
shall not be subject to Article 4 of Chapter 18 of Title 50, relating to open records.
(h) The center shall adopt rules and regulations necessary to carry out this Code section,
including a procedure for the transmission of a registration request by a healthcare provider
or probate judge and the development of forms required by this Code section. Such forms
shall include all information required by the NICS, a signature line for the requesting
individual, and notice that the form is subject to penalties for false swearing."
</ins> SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.