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

Senate Bill 66

By: Senators Parent of the 44th, Jones II of the 22nd, Jackson of the 41st, Esteves of the 35th, Orrock of the 36th and others

A BILL TO BE ENTITLED

AN ACT

To amend Titles 16 and 19 of the Official Code of Georgia Annotated, relating to crimes and offenses and to domestic relations, respectively, so as to prohibit persons convicted of misdemeanor crimes of family violence from receiving, possessing, or transporting a firearm and to prohibit persons subject to family violence protective orders from receiving, possessing, or transporting a firearm; to provide for definitions; to provide an effective date and applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended in Code Section 16-5-20, relating to simple assault, by revising subsection (e) as follows:

"(e) Upon conviction of simple assault under paragraph (1) of subsection (a) of this Code section, or, if the offense involves a firearm, under paragraph (2) of subsection (a) of this Code section, that is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household, the court shall inform the offender orally and in writing that such offender is prohibited from receiving, possessing, or transporting a firearm under subsection (b) of Code Section 16-11-131, indicate such prohibition on the record of conviction, order such offender orally and in writing to transfer any and all firearms in his or her possession or control, and ensure transfer is made as provided under subsection (b.1) of Code Section 16-11-131 Reserved."

SECTION 2.

Said title is further amended in Code Section 16-5-23, relating to simple battery, by revising subsection (g) as follows:

"(g) If the offense of simple battery is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household, the court, upon conviction, shall inform such offender orally and in writing that the offender is prohibited from receiving, possessing, or transporting a firearm under subsection (b) of Code Section 16-11-131, indicate such prohibition on the record of conviction, order such offender orally and in writing to transfer any and all firearms in his or her possession or control, and ensure transfer is made as provided under subsection (b.1) of Code Section 16-11-131 Reserved."

SECTION 3.

Said title is further amended in Code Section 16-5-23.1, relating to battery, by adding a new subsection to read as follows:

"(f.1) If the offense of battery is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household, the court, upon conviction, shall inform such offender orally and in writing that such offender is prohibited from receiving, possessing, or transporting a firearm under subsection (b) of Code Section 16-11-131, indicate such prohibition on the record of conviction, order such offender orally and in writing to transfer any and all firearms in his or her possession or control, and ensure transfer is made as provided under subsection (b.1) of Code Section 16-11-131."

SECTION 4.

Said title is further amended by revising Code Section 16-11-102, relating to pointing or aiming a gun or pistol at another, as follows:

"16-11-102.

(a) A person is guilty of a misdemeanor when he or she intentionally and without legal justification points or aims a gun or pistol at another, whether the gun or pistol is loaded or unloaded.

(b) If the offense of pointing or aiming a gun or pistol at another is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household, the court, upon conviction, shall inform such offender orally and in writing that such offender is prohibited from receiving, possessing, or transporting a firearm under subsection (b) of Code Section 16-11-131, indicate the prohibition on the record of conviction, order such offender orally and in writing to transfer any and all firearms in his or her possession or control, and ensure transfer is made as provided under subsection (b.1) of Code Section 16-11-131."

SECTION 5.

Said title is further amended in Code Section 16-11-131, relating to possession of firearms by convicted felons and first offender probationers, by revising subsections (a), (b), and (b.1) and by adding a new subsection to read as follows:

"16-11-131.

(a) As used in this Code section, the term:

(1) 'Family violence protective order' means an order issued under Code Section 19-13-4 or an equivalent order in this state or elsewhere that was issued after the restrained person received notice of the proceedings and an opportunity to be heard. (1)(2) 'Felony' means any offense punishable by imprisonment for a term of one year or more and includes conviction by a court-martial under the Uniform Code of Military Justice for an offense which would constitute a felony under the laws of the United States.

(2)(3) 'Firearm' includes any a handgun, rifle, shotgun, or other weapon which will or can be converted to expel a projectile by the action of an explosive or electrical charge.

(4) 'Misdemeanor crime of family violence' means any offense provided for under Code Section 16-5-20, 16-5-23, 16-5-23.1, or 16-11-102 that:

(A) Is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living in or formerly living in the same household; and

(B) Involves the use or attempted use of physical force or the use or threatened use of a firearm.

(b) Any person who is on probation as a felony first offender pursuant to Article 3 of Chapter 8 of Title 42, who is on probation and was sentenced for a felony under subsection (a) or (c) of Code Section 16-13-2, or who is subject to a family violence protective order, or who has been convicted of a misdemeanor offense of family violence, or a felony by a court of this state or any other state; by a court of the United States including its territories, possessions, and dominions; or by a court of any foreign nation and who receives, possesses, or transports any a firearm commits a felony and, upon conviction thereof, shall be imprisoned for not less than one year nor more than ten years; provided, however, that upon a second or subsequent conviction, such person shall be imprisoned for not less than five nor more than ten years; provided, further, that if the felony for which the person is on probation or has been previously convicted is a forcible felony, then upon conviction of receiving, possessing, or transporting a firearm, such person shall be imprisoned for a period of five years.

(b.1)(1) Upon entering a conviction for a misdemeanor crime of family violence, a court shall immediately:

(A) Inform such offender orally and in writing that, pursuant to subsection (b) of this Code section, the offender shall not receive, possess, or transport any firearm;

(B) Order such offender orally and in writing to surrender all firearms in the offender's possession, within 24 hours of the order to a federally licensed firearms dealer;

(C) Provide such offender the opportunity to attest orally and in writing that he or she at the time of the conviction, has no firearms in his or her possession or control; and

(D) If such offender does not attest orally and in writing as provided in subparagraph (C) of this paragraph, schedule a hearing to occur within 72 hours, during which time the offender shall either:

(i) Present a receipt showing that any firearms in the offender's possession or control at the time of conviction were physically surrendered to a federally licensed firearms dealer and attest orally and in writing that such firearms have been physically surrendered to a federally licensed firearms dealer and that the offender, at the time of the hearing, has no firearms in the offender's possession or control; or

(ii) Attest orally and in writing that the offender, at the time of the conviction, had no firearms in his or her possession or control and, at the time of the hearing, has no firearm in his or her possession or control.

(2) An offender transporting a firearm to surrender in accordance with this subsection shall not be subject to prosecution under subsection (b) of this Code section. (b.2) Any person who is prohibited by this Code section from possessing a firearm because of conviction of a forcible felony or because of being on probation as a first offender or under conditional discharge for a forcible felony and who attempts to purchase or obtain transfer of a firearm shall be guilty of a felony and upon conviction shall be punished by imprisonment for not less than one year nor more than five years; provided, however, that upon a second or subsequent conviction, such person shall be punished by imprisonment for not less than five nor more than ten years."

SECTION 6.

Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended in Code Section 19-13-4, relating to family violence protective orders and consent agreements, by adding a new subsection to read as follows:

"(a.1)(1) An order issued pursuant to subsection (a) of this Code section that was granted after notice was provided to the respondent and after such respondent was given an opportunity to be heard shall prohibit such respondent from receiving, possessing, or transporting a firearm. Upon issuance of such an order a court shall immediately:

(A) Inform such respondent in writing that, pursuant to subsection (b) of Code Section 16-11-131, the offender shall not receive, possess, or transport a firearm;

(B) Order such respondent in writing to surrender all firearms in his or her possession within 24 hours of the order to a federally licensed firearms dealer;

(C) If such respondent is present at the time the order is issued, provide him or her the opportunity to attest orally and in writing that her or she, at the time of the issuance of the protective order, has no firearms in his or her possession or control; and

(D) If such respondent does not attest orally and in writing as provided in subparagraph (C) of this paragraph, schedule a hearing to occur within 72 hours, during which time the respondent shall either:

(i) Present a receipt showing that a firearm in his or her possession or control at the time the order was issued was physically surrendered to a federally licensed firearms dealer and attest orally and in writing that a firearm in the respondent's possession or control at the time the protective order was issued has been physically surrendered to a federally licensed firearms dealer and that the respondent, at the time of the hearing, has no firearm in his or her possession or control; or

(ii) Attest orally and in writing that the respondent, at the time the protective order was issued, had no firearm in his or her possession or control and, at the time of the hearing, has no firearm in his or her possession or control.

(2) A respondent transporting a firearm to surrender in accordance with this subsection shall not be subject to prosecution under subsection (b) of Code Section 16-11-131."

SECTION 7.

This Act shall become effective on July 1, 2025, and shall apply to any conviction or protective order issued on or after such date.

SECTION 8.

All laws and parts of laws in conflict with this Act are repealed.