SB 66: Crimes; persons convicted of misdemeanor crimes of family violence from receiving, possessing, or transporting a firearm; prohibit

Currently, Georgia law bars convicted felons and certain felony probationers from having firearms, but people convicted only of misdemeanor family violence offenses, such as simple assault or simple battery against a spouse or household member, are not automatically barred. This bill changes that by amending Georgia's firearms possession law (O.C.G.A. § 16-11-131) to add a new category, 'misdemeanor crime of family violence,' covering simple assault, simple battery, battery, and pointing or aiming a gun at another when committed against a spouse, co-parent, child, stepfamily member, foster family member, or household member. Under the bill, anyone convicted of such a misdemeanor, or subject to a family violence protective order issued after notice and a hearing, could not receive, possess, or transport a firearm. Courts would have to tell offenders in writing, order them to surrender firearms to a licensed dealer within 24 hours, and hold a hearing within 72 hours if they do not attest they have no firearms. The changes would take effect July 1, 2025, and apply to convictions or protective orders issued on or after that date.

• Creates a new legal category of 'misdemeanor crime of family violence' covering simple assault, simple battery, battery, and pointing or aiming a gun when committed against a spouse, co-parent, child, or household member.
• Bars anyone convicted of such a misdemeanor, or subject to a family violence protective order, from receiving, possessing, or transporting a firearm under Georgia's felon firearm possession law (O.C.G.A. § 16-11-131).
• Requires courts to inform offenders orally and in writing of the firearm ban and to order them to surrender any firearms to a federally licensed dealer within 24 hours of conviction or the protective order.
• Requires a hearing within 72 hours if an offender or respondent does not attest in writing that they have no firearms in their possession.
• Exempts a person from prosecution for illegally transporting a firearm if they are transporting it specifically to surrender it as required.
• Sets the law to take effect July 1, 2025, applying only to convictions or protective orders issued on or after that date.

People convicted of misdemeanor family violence offenses such as simple assault or battery against a spouse, co-parent, child, or household member; people subject to family violence protective orders; judges who must issue firearm surrender orders; federally licensed firearms dealers who receive surrendered weapons; and law enforcement enforcing the new possession ban.

People with misdemeanor family violence convictions or protective orders against them would lose the legal right to have a gun, and would face felony charges for illegal possession, closing a gap where only felony convictions previously triggered a firearm ban. Courts would gain new duties to track and enforce firearm surrender.

• Section 5 amends O.C.G.A. § 16-11-131 to add 'family violence protective order' and 'misdemeanor crime of family violence' as new defined terms triggering the firearm ban.
• Section 5 also expands subsection (b) so that people convicted of a qualifying misdemeanor or subject to a protective order who possess a firearm commit a felony punishable by one to ten years in prison.
• Sections 1 through 4 require courts, upon convicting someone of simple assault, simple battery, battery, or pointing a gun at a family or household member, to inform them of the firearm ban and order surrender of firearms.
• New subsection (b.1) in Section 5 requires courts to order firearm surrender within 24 hours and hold a hearing within 72 hours if the offender does not attest to having no firearms.
• Section 6 amends Georgia's family violence protective order law (O.C.G.A. § 19-13-4) to impose the same firearm ban and surrender process on people subject to such orders.
• Section 7 sets the effective date as July 1, 2025, applying only to convictions or protective orders issued on or after that date.

1. 2025-02-03Senate Read and Referred (Senate)
2. 2025-01-30Senate Hopper (Senate)

• Elena Parent (D, SD-044)Primary sponsor
• Harold Jones (D, SD-022)
• Kim Jackson (D, SD-041)
• Jason Esteves (D, SD-035)
• Nan Orrock (D, SD-036)
• Sonya Halpern (D, SD-039)
• Nikki Merritt (D, SD-009)
• Freddie Sims (D, SD-012)
• Michael Rhett (D, SD-033)
• Kenya Wicks (D, SD-034)
• Gail Davenport (D, SD-017)
• David Lucas (D, SD-026)
• Nabilah Islam Parkes (D, SD-007)
• Ed Harbison (D, SD-015)
• Tonya Anderson (D, SD-043)
• Josh McLaurin (D, SD-014)
• Derek Mallow (D, SD-002)
• RaShaun Kemp (D, SD-038)

• gun control
• domestic violence
• family violence protective orders
• firearm possession law
• misdemeanor crimes