Senate Bill 231
By: Senators Anavitarte of the 31st, Gooch of the 51st, Bearden of the 30th, Robertson of the
29th, Goodman of the 8th and others
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 16-11-173 of the Official Code of Georgia Annotated, relating to
legislative findings, preemption of local regulation and lawsuits relative to firearms, and
exceptions, so as to limit liability of a weapons, firearms, or ammunition manufacturer, trade
association, owner or operator of a sport shooting range, or dealer for unlawful, intentional,
or negligent acts of a third party involving the use of a weapon, firearm, or ammunition or
activities relating to such that occur at a sport shooting range; to provide the state with the
exclusive right to bring suit against a weapons, firearms, or ammunition manufacturer, trade
association, owner or operator of a sport shooting range, or dealer on behalf of any state
agency or a local government; to provide for related matters; to repeal conflicting laws; and
for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 16-11-173 of the Official Code of Georgia Annotated, relating to legislative
findings, preemption of local regulation and lawsuits relative to firearms, and exceptions, is
amended by revising subsection (b) as follows:
"(b)(1) Except as provided in subsection (c) of this Code section, no county or municipal
corporation, by zoning, by ordinance or resolution, or by any other means, nor any
agency, board, department, commission, political subdivision, school district, or authority
of this state, other than the General Assembly, by rule or regulation or by any other
means shall regulate in any manner:
(A) Gun shows;
(B) The possession, ownership, transport, carrying, transfer, sale, purchase, licensing,
or registration of firearms or other weapons or components of firearms or other
weapons;
(C) Firearms dealers or dealers of other weapons; or
(D) Dealers in components of firearms or other weapons.
(2) <ins>A weapons, firearms, or ammunition manufacturer, trade association, owner or
operator of a sport shooting range, or dealer shall not be held liable as a third party for
unlawful, intentional, or negligent acts of another involving the use of a weapon, firearm,
or ammunition or activities relating to such that occur at a sport shooting range.</ins> The
authority to bring suit and right to recover against any weapons, firearms, or ammunition
manufacturer, trade association, <ins>owner or operator of a sport shooting range,</ins> or dealer by
or on behalf of any governmental unit created by or pursuant to an Act of the General
Assembly or the Constitution, or any department, agency, or authority thereof, for
damages, abatement, or injunctive relief resulting from or relating to the lawful design,
manufacture, marketing, or sale of weapons, firearms, or ammunition to the public <ins>or
activities relating to weapons, firearms, or ammunition that occur at a sport shooting
range</ins> shall be reserved exclusively to the state. <del>This paragraph shall not prohibit a
political subdivision or local government authority from bringing an action against a
weapons, firearms, or ammunition manufacturer or dealer for breach of contract or
express warranty as to weapons, firearms, or ammunition purchased by the political
subdivision or local government authority."
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SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.