---
title: SB 49. Carrying and Possession of Firearms; offense of making a firearm accessible to a child; establish
collection: bills
id: 2025-2026/sb49
cite_as: SB 49, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/sb49
md_url: https://georgiacommons.org/bills/2025-2026/sb49.md
text_url: https://georgiacommons.org/bills/2025-2026/sb49/text
source_url: https://www.legis.ga.gov/legislation/69605
date: 2025-01-29
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.
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omitted: votes and history
omitted_chars: 95
omitted_url: https://georgiacommons.org/bills/2025-2026/sb49.md?full=1
bill_number: SB 49
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: Senate
bill_type: bill
status_date: 2025-01-28
last_action: Senate Read and Referred
sponsors:
- Elena Parent
- Harold Jones
- Nikki Merritt
- Sonya Halpern
- Ed Harbison
- Jason Esteves
- Nan Orrock
- Josh McLaurin
- Randal Mangham
- Sheikh Rahman
- Sally Harrell
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/SB49/2025
upstream_id: 1945150
summaries_model: claude-sonnet-5
topic_tags:
- gun safety
- child access to firearms
- firearm storage laws
- gun dealer regulations
---
# SB 49. Carrying and Possession of Firearms; offense of making a firearm accessible to a child; establish
## Text
Senate Bill 49
By: Senators Parent of the 44th, Jones II of the 22nd, Merritt of the 9th, Halpern of the 39th,
Harbison of the 15th 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
making a firearm accessible to a child; to provide for definitions; to provide for exceptions
and affirmative defenses; to provide for criminal penalties; to require a notice by certain
firearm dealers; 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:
"16-11-132.1.
(a) As used in this Code section, the term:
(1) 'Child' means a person younger than 17 years of age.
(2) 'Dealer' shall have the same meaning as provided for under Code Section 16-11-171.
(3) 'Family' means a parent, grandparent, or sibling.
(4) 'Readily dischargeable firearm' means a firearm that is loaded with ammunition,
whether or not a round is in the chamber.
(5) 'Secure' means to take steps that a reasonable person would believe sufficient to
prevent the access to a readily dischargeable firearm by a child, including, but not limited
to, placing a firearm in a locked container or temporarily rendering the firearm inoperable
by a trigger lock or other means.
(b) Except where possession of a firearm by a child is lawful under Code
Section 16-11-132, a person commits the offense of making a firearm accessible to a child
if such child gains access to a readily dischargeable firearm, and the person with criminal
negligence:
(1) Failed to secure the firearm; or
(2) Left the firearm in a place to which the person knew or should have known the child
could gain access.
(c) It shall be an affirmative defense to prosecution under this Code section that the child's
access to the firearm:
(1) Was supervised by a person older than 18 years of age and was for hunting, sporting,
or other lawful purposes;
(2) Consisted of lawful defense by the child of people or property; or
(3) Was gained by entering property in violation of the law.
(d)(1) Except as provided under paragraph (2) of this subsection, a violation of
subsection (b) of this Code section shall be a misdemeanor.
(2) A violation of subsection (b) of this Code section shall be a misdemeanor of a high
and aggravated nature when the child discharges the firearm and causes death or serious
bodily injury to himself or herself or another person.
(3) No person who commits a violation of subsection (b) of this Code section shall be
arrested before the seventh day after the date on which the offense was committed if:
(A) Such person is family of the child who discharged the firearm; and
(B) The child, in discharging the firearm, caused the death of or serious injury to such
child.
(e)(1) A dealer shall post in a conspicuous position on the premises where the dealer
conducts business a sign that contains the following warning in block letters not less than
one inch in height:
'IT IS UNLAWFUL TO STORE, TRANSPORT, OR ABANDON AN UNSECURED
FIREARM IN A PLACE WHERE CHILDREN ARE LIKELY TO BE AND CAN
OBTAIN ACCESS TO THE FIREARM.'
(2) A violation of this subsection shall be a misdemeanor punishable by a fine of not
more than $500.00."
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 Senate bill would make it a crime to leave a loaded, unsecured gun where a child under 17 can get to it, with tougher penalties if the child is hurt or killed, and would require gun dealers to post warning signs.
### Plain-language summary
Georgia currently has a law about children carrying or possessing firearms, but no specific offense targeting adults who leave loaded guns accessible to kids. This bill adds a new Code section making it a crime when a child under 17 gains access to a loaded ('readily dischargeable') firearm because a person carelessly failed to secure it or left it somewhere the person knew or should have known the child could reach.
The bill lists affirmative defenses, including supervised hunting or sporting use, self-defense by the child, or the child trespassing to get the gun. A basic violation is a misdemeanor, but it becomes a more serious 'misdemeanor of a high and aggravated nature' if the child discharges the gun and someone dies or is seriously hurt. Family members of a child who is killed or seriously hurt by the discharge cannot be arrested until at least seven days after the incident. The bill also requires firearm dealers to post a warning sign about unsecured firearms, with a fine of up to $500 for failing to do so.
### What it does
- Creates a new crime for adults who fail to secure a loaded firearm or leave it where a child under 17 can access it, when the adult acted with criminal negligence.
- Sets three affirmative defenses: supervised lawful use like hunting, lawful self-defense by the child, or the child trespassing to get the gun.
- Raises the penalty from a basic misdemeanor to a misdemeanor of a high and aggravated nature if the child discharges the firearm and causes death or serious injury.
- Delays arrest of a family member for at least seven days if the child's discharge of the firearm caused the child's own death or serious injury.
- Requires firearm dealers to post a conspicuous warning sign, in one-inch block letters, about the danger of leaving unsecured firearms where children can reach them, backed by a fine of up to $500 for noncompliance.
### Who it affects
Parents, grandparents, and other adults who keep firearms in homes with children under 17; children who might access an unsecured gun; firearm dealers who must post the new warning sign; and law enforcement and prosecutors who would enforce the new offense.
### Why it matters
Adults who keep loaded firearms accessible to children could face new criminal charges, with harsher consequences if a child is hurt or killed by the gun. Firearm dealers would face a new signage duty and a fine for skipping it, and grieving family members would get a short arrest delay after a child's accidental discharge.
### Key provisions
- Adds new Code Section 16-11-132.1 defining 'child' (under 17), 'dealer,' 'family,' 'readily dischargeable firearm,' and 'secure.'
- Subsection (b) creates the offense: a child accessing a loaded firearm because the adult, with criminal negligence, failed to secure it or left it somewhere accessible.
- Subsection (c) lists affirmative defenses covering supervised lawful use, defensive use by the child, and trespass by the child.
- Subsection (d) sets the penalty as a misdemeanor, escalating to a misdemeanor of a high and aggravated nature if the child's discharge causes death or serious injury, and bars arrest of a qualifying family member for seven days after such an incident.
- Subsection (e) requires dealers to post a specific warning sign in one-inch block letters and sets a fine of up to $500 for violations.
- Section 2 repeals conflicting laws.
## Status
- Status: Introduced (2025-01-28)
- Last action: Senate Read and Referred (2025-01-29)
- Sponsors: Elena Parent, Harold Jones, Nikki Merritt, Sonya Halpern, Ed Harbison, Jason Esteves, Nan Orrock, Josh McLaurin, Randal Mangham, Sheikh Rahman, Sally Harrell
- Official page: https://www.legis.ga.gov/legislation/69605
> The history, votes, and amendments (95 characters) are at https://georgiacommons.org/bills/2025-2026/sb49.md?full=1