--- title: SB 499. Dangerous Instrumentalities and Practices; prohibition on possessing a silencer; repeal collection: bills id: 2025-2026/sb499 cite_as: SB 499, 2025-2026 Regular Session (Ga.) canonical_url: https://georgiacommons.org/bills/2025-2026/sb499 md_url: https://georgiacommons.org/bills/2025-2026/sb499.md text_url: https://georgiacommons.org/bills/2025-2026/sb499/text source_url: https://www.legis.ga.gov/legislation/73161 date: 2026-03-19 status: engrossed 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. up: https://georgiacommons.org/bills/2025-2026.md previous: https://georgiacommons.org/bills/2025-2026/sb498.md next: https://georgiacommons.org/bills/2025-2026/sb500.md index: https://georgiacommons.org/bills/index.md omitted: votes and history omitted_chars: 710 omitted_url: https://georgiacommons.org/bills/2025-2026/sb499.md?full=1 bill_number: SB 499 session: 2025-2026 Regular Session session_slug: 2025-2026 chamber: Senate bill_type: bill status_date: 2026-03-06 last_action: House Committee Favorably Reported By Substitute sponsors: - Frank Ginn - Larry Walker - Jason Anavitarte - Shawn Still - Chuck Payne - Carden Summers - Steve Gooch - Mike Hodges - Billy Hickman - Ed Setzler - Jason T. Dickerson - Drew Echols - Russ Goodman - Lee Anderson - Clint Dixon - Randy Robertson - Jason Ridley text_version: Comm Sub has_text: true legiscan_url: https://legiscan.com/GA/bill/SB499/2025 upstream_id: 2114608 summaries_model: claude-sonnet-5 topic_tags: - gun laws - silencers and suppressors - weapons possession - criminal penalties - firearm restrictions --- # SB 499. Dangerous Instrumentalities and Practices; prohibition on possessing a silencer; repeal ## Text The House Committee on Judiciary, Non-Civil offers the following substitute to SB 499: A BILL TO BE ENTITLED AN ACT To amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to repeal the prohibition on possessing a silencer; to provide for conforming changes; to provide for definitions; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, is amended in Part 2, relating to possession of dangerous weapons, by repealing paragraph (7) of Code Section 16-11-121, relating to definitions relative to possession of dangerous weapons. SECTION 2. Said article is further amended in said part by revising Code Section 16-11-122, relating to possession of sawed-off shotgun or rifle, machine gun, silencer, or dangerous weapon prohibited, as follows: "16-11-122. No person shall have in his or her possession any sawed-off shotgun, sawed-off rifle, machine gun, or dangerous weapon, or silencer except as provided in Code Section 16-11-124." SECTION 3. Said article is further amended in said part by revising Code Section 16-11-123, relating to unlawful possession of firearms or weapons, as follows: "16-11-123. (a) A person commits the offense of unlawful possession of firearms or weapons when he or she knowingly has in his or her possession any sawed-off shotgun, sawed-off rifle, machine gun, or dangerous weapon, or silencer, and, upon conviction thereof, he or she shall be punished by imprisonment for a period of five years. (b) 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." SECTION 4. Said article is further amended in said part by revising Code Section 16-11-124, relating to exemptions from application of part, as follows: "16-11-124. This part shall not apply to: (1) A peace officer of any duly authorized police agency of this state or of any political subdivision thereof, or a law enforcement officer of any department or agency of the United States who is regularly employed and paid by the United States, this state, or any such political subdivision, or an employee of the Department of Corrections of this state who is authorized in writing by the commissioner of corrections to transfer or possess such firearms while in the official performance of his or her duties; (2) A member of the National Guard or of the armed forces of the United States to wit: the army, navy, marine corps, air force, space force, or coast guard who, while serving therein, possesses such firearm in the line of duty; (3) Any sawed-off shotgun, sawed-off rifle, machine gun, or dangerous weapon, or silencer which has been modified or changed to the extent that it is inoperative. Examples of the requisite modification include weapons with their barrel or barrels filled with lead, hand grenades filled with sand, or other nonexplosive materials; (4) Possession of a sawed-off shotgun, sawed-off rifle, machine gun, or dangerous weapon, or silencer by a person who is authorized to possess possesses the same because he has registered the sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon, or silencer in accordance with the dictates of the National Firearms Act, 68A Stat. 725 (26 U.S.C. Sections 5841-5862) federal law; and (5) A security officer employed by a federally licensed nuclear power facility or a licensee of such facility, including a contract security officer, who is trained and qualified under a security plan approved by the United States Nuclear Regulatory Commission or other federal agency authorized to regulate nuclear facility security; provided, however, that this exemption shall apply only while such security officer is acting in connection with his or her official duties on the premises of such nuclear power facility or on properties outside the facility property pursuant to a written agreement entered into with the local law enforcement agency having jurisdiction over the facility. The exemption under this paragraph does not include the possession of silencers." SECTION 5. Said article is further amended in Part 4A, relating to enhanced criminal penalties, by revising Code Section 16-11-160, relating to use of machine guns, sawed-off rifles, sawed-off shotguns, or firearms with silencers during commission of certain offenses and enhanced criminal penalties, as follows: "16-11-160. (a)(1) As used in this Code section, the term: (1) 'Bulletproof vest' means a bullet-resistant soft body armor providing, as a minimum standard, the level of protection known as 'threat level I,' which means at least seven layers of bullet-resistant material providing protection from at least three shots of 158-grain lead ammunition fired from a .38 caliber handgun at a velocity of 850 feet per second. (2) 'Machine gun' shall have the same meaning as set forth in Code Section 16-11-121. (3) 'Sawed-off rifle' shall have the same meaning as set forth in Code Section 16-11-121. (4) 'Sawed-off shotgun' shall have the same meaning as set forth in Code Section 16-11-121. (5) '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. (b) It shall be unlawful for any person to possess or to use a machine gun, sawed-off rifle, sawed-off shotgun, or firearm equipped with a silencer or suppressor, as those terms are defined in Code Section 16-11-121, during the commission or the attempted commission of any of the following offenses: (1)(A) Aggravated assault as defined in Code Section 16-5-21; (2)(B) Aggravated battery as defined in Code Section 16-5-24; (3)(C) Robbery as defined in Code Section 16-8-40; (4)(D) Armed robbery as defined in Code Section 16-8-41; (5)(D.1) Home invasion in any degree as defined in Code Section 16-7-5; (6)(E) Murder or felony murder as defined in Code Section 16-5-1; (7)(F) Voluntary manslaughter as defined in Code Section 16-5-2; (8)(G) Involuntary manslaughter as defined in Code Section 16-5-3; (9)(H) Sale, possession for sale, transportation, manufacture, offer for sale, or offer to manufacture controlled substances in violation of any provision of Article 2 of Chapter 13 of this title, the 'Georgia Controlled Substances Act'; (10)(I) Terroristic threats or acts as defined in Code Section 16-11-37; (11)(J) Arson as defined in Code Section 16-7-60, 16-7-60.1, 16-7-61, or 16-7-62 or arson of lands as defined in Code Section 16-7-63; (12)(K) Influencing witnesses as defined in Code Section 16-10-93; and (13)(L) Participation in criminal gang activity as defined in Code Section 16-15-4. (2)(A) As used in this paragraph, the term 'bulletproof vest' means a bullet-resistant soft body armor providing, as a minimum standard, the level of protection known as 'threat level I,' which means at least seven layers of bullet-resistant material providing protection from at least three shots of 158-grain lead ammunition fired from a .38 caliber handgun at a velocity of 850 feet per second. (c)(B) It shall be unlawful for any person to wear a bulletproof vest during the commission or the attempted commission of any of the following offenses: (1)(i) Any crime against or involving the person of another in violation of any of the provisions of this title for which a sentence of life imprisonment may be imposed; (2)(ii) Any felony involving the manufacture, delivery, distribution, administering, or selling of controlled substances or marijuana as provided in Code Section 16-13-30; or (3)(iii) Trafficking of substances in violation of Code Section 16-13-31. (d)(b) Any person who violates paragraph (1) of subsection (a)(b) of this Code section shall be guilty of a felony, and, upon conviction thereof, shall be punished by confinement for a period of ten years, and such sentence to shall run consecutively to any other sentence which the person has received. (e) Any person who violates paragraph (2) of subsection (a)(c) of this Code section shall be guilty of a felony, and, upon conviction thereof, shall be punished by confinement for a period of one to five years, and such sentence to shall run consecutively to any other sentence which the person has received. (f)(c) Upon the second or subsequent conviction of a person under this Code section, the person shall be punished by life imprisonment. Notwithstanding any other law to the contrary, the sentence of any person which is imposed for violating this Code section a second or subsequent time shall not be suspended by a court or a probationary sentence imposed in lieu thereof. (g)(d) The punishment prescribed for the violation of subsections (a) and (b), (c), and (f) of this Code section shall not be probated or suspended as is provided by Code Section 17-10-7. (h)(e) Any crime committed in violation of this Code section shall be considered a separate offense." SECTION 6. This Act shall become effective on July 1, 2026, and shall apply to all offenses committed on or after such date. SECTION 7. 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 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. ### Plain-language summary 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 it 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. ## Status - Status: Engrossed (2026-03-06) - Last action: House Committee Favorably Reported By Substitute (2026-03-19) - Sponsors: Frank Ginn, Larry Walker, Jason Anavitarte, Shawn Still, Chuck Payne, Carden Summers, Steve Gooch, Mike Hodges, Billy Hickman, Ed Setzler, Jason T. Dickerson, Drew Echols, Russ Goodman, Lee Anderson, Clint Dixon, Randy Robertson, Jason Ridley - Official page: https://www.legis.ga.gov/legislation/73161 > The history, votes, and amendments (710 characters) are at https://georgiacommons.org/bills/2025-2026/sb499.md?full=1