Georgia CommonsSB 499: Dangerous Instrumentalities and Practices; prohibition on possessing a silencer; repeal
Last action March 19, 2026 · House Committee Favorably Reported By Substitute
A Georgia Senate bill would repeal the state's general ban on possessing a silencer for a firearm, while creating a narrower new crime for possessing a silencer if the person is already barred from having a gun.
The summaries below were written by an AI model (claude-sonnet-5) from the text of the bill and are not part of it. Quote the text, not the summary. The stored text is the Comm Sub version, the latest LegiScan holds.
In plain language
Under current Georgia law, it is a felony for almost anyone to possess a silencer (also called a suppressor) for a firearm, alongside sawed-off shotguns, sawed-off rifles, and machine guns, unless an exemption applies. This bill removes silencers from that general ban. It repeals the definition of silencer used for that ban (O.C.G.A. section 16-11-121) and strikes silencer from the list of banned items in O.C.G.A. sections 16-11-122 and 16-11-123. In place of the old ban, the bill creates a new, narrower crime: a person commits unlawful possession of a silencer only if they know they have a silencer and know they are already barred from possessing or receiving a firearm under state law. It also updates related sections, including the enhanced penalty statute for using a machine gun, sawed-off weapon, or silencer-equipped firearm during certain violent crimes (O.C.G.A. section 16-11-160), and adjusts the exemptions section to match federal registration law instead of the old National Firearms Act citation. The changes take effect July 1, 2026, and apply to offenses committed on or after that date.
What the bill does
- Repeals the general prohibition on possessing a silencer found in O.C.G.A. sections 16-11-122 and 16-11-123, removing it from the same category as sawed-off shotguns and machine guns.
- Creates a new, narrower offense of unlawful possession of a silencer that applies only to people who know they are already barred from possessing or receiving a firearm.
- Sets the penalty for this new silencer offense as a felony, without a specified fixed prison term like the old law's five years.
- Updates the exemptions section (O.C.G.A. section 16-11-124) to reference general federal law on registered weapons instead of the specific National Firearms Act citation.
- Reorganizes and updates definitions in the enhanced-penalty statute (O.C.G.A. section 16-11-160) covering crimes committed with a machine gun, sawed-off weapon, or silencer-equipped firearm.
- Sets the effective date as July 1, 2026, applying only to offenses committed on or after that date.
Who it affects
Gun owners and buyers interested in silencers, people currently barred from possessing firearms due to prior convictions or other restrictions, law enforcement agencies enforcing weapons laws, prosecutors handling weapons charges, and courts sentencing defendants under Georgia's dangerous weapons statutes.
Why it matters
People who are legally allowed to own firearms would no longer face felony charges simply for possessing a silencer. But someone already barred from having a gun who is caught with a silencer would still face a felony charge, shifting the law's focus from a blanket ban to a targeted restriction tied to a person's existing firearm eligibility.
Key provisions
- Section 1 repeals paragraph (7) of O.C.G.A. section 16-11-121, which defined silencer for purposes of the general possession ban.
- Section 2 removes silencer from the list of weapons banned under O.C.G.A. section 16-11-122.
- Section 3 removes silencer from the five-year felony possession statute (O.C.G.A. section 16-11-123) and adds a new subsection (b) making it a felony to possess a silencer while knowingly barred from having a firearm.
- Section 4 updates the exemptions in O.C.G.A. section 16-11-124, removing silencer-specific language and aligning registration language with general federal law.
- Section 5 revises O.C.G.A. section 16-11-160, adding definitions for terms like silencer or suppressor and bulletproof vest, and renumbering subsections covering enhanced penalties for crimes committed with these weapons.
- Section 6 sets the effective date as July 1, 2026, applying only to offenses committed on or after that date.
From the bill
“A person commits the offense of unlawful possession of a silencer when the person possesses what he or she knows to be a silencer, as defined in Code Section 16-11-160, and at the time of such possession, knows he or she is prohibited from possessing or receiving a firearm under the laws of this state, and, upon conviction thereof, he or she shall be punished for a felony.”
“'Silencer or suppressor' means any device for diminishing the report of any portable weapon or other device from which a shot, bullet, or projectile may be discharged by an explosive.”
Status timeline
- House Committee Favorably Reported By Substitute (House)
- House Second Readers (House)
- House First Readers (House)
- Senate Passed/Adopted By Substitute (Senate)
- Senate Third Read (Senate)
- Senate Taken from Table (Senate)
- Senate Tabled (Senate)
- Senate Read Second Time (Senate)
Show full history (11 actions)
- Senate Committee Favorably Reported By Substitute (Senate)
- Senate Read and Referred (Senate)
- Senate Hopper (Senate)
Sponsors
- Frank Ginn (R, SD-047)
- Larry Walker (R, SD-020)
- Jason Anavitarte (R, SD-031)
- Shawn Still (R, SD-048)
- Chuck Payne (R, SD-054)
- Carden Summers (R, SD-013)
- Steve Gooch (R, SD-051)
- Mike Hodges (R, SD-003)
- Billy Hickman (R, SD-004)
- Ed Setzler (R, SD-037)
- Jason T. Dickerson (R, SD-021)
- Drew Echols (R, SD-049)
- Russ Goodman (R, SD-008)
- Lee Anderson (R, SD-024)
- Clint Dixon (R, SD-045)
- Randy Robertson (R, SD-029)
- Jason Ridley (R, HD-006)
Votes
- Senate voteMarch 6, 2026
30 yea, 20 nay (0 not voting, 5 absent)
Topics
- gun laws
- silencers and suppressors
- weapons possession
- criminal penalties
- firearm restrictions