SB 92: "Georgia Red Flag Protective Order Act"; enact

Georgia does not currently have a legal process for temporarily removing firearms from someone who appears dangerous but has not committed a crime. Senate Bill 92 would create one by adding a new part to Georgia's criminal code (O.C.G.A. Title 16, Chapter 11) called the Georgia Red Flag Protective Order Act. Under the bill, a family or household member or a law enforcement officer could petition a superior court for a risk protection order against someone they believe poses a significant danger of hurting themselves or others with a firearm. Courts could also issue emergency temporary orders before a full hearing. If granted, the respondent must surrender firearms, ammunition, and any weapons carry license to local police, and the order stays in a state and national crime database. Orders last up to 12 months, can be extended, and the respondent can request a hearing to contest or end the order. Lying under oath in a hearing or possessing a firearm while under an order becomes a misdemeanor of a high and aggravated nature. The Administrative Office of the Courts must create standard forms and instructions.

• Creates a new court process letting family members, household members, or law enforcement officers petition a superior court for a risk protection order to remove firearms from someone deemed dangerous.
• Allows courts to issue emergency temporary ex parte orders (granted without notifying the person first) when there is reasonable cause to believe someone poses a near-term danger.
• Requires anyone subject to an order to surrender all firearms, ammunition, and any weapons carry license to local law enforcement, with a search warrant available if they refuse.
• Sets order lengths of up to 12 months, creates a process to extend or vacate (cancel) orders, and requires entry of orders into state and national crime databases.
• Makes it a misdemeanor of a high and aggravated nature to lie under oath in a related hearing or to knowingly possess a firearm while barred by an order.
• Directs the Administrative Office of the Courts to create standardized petition forms, instructional brochures, and staff handbooks, including materials in languages other than English.

Family and household members and law enforcement officers who could file petitions; individuals named as respondents who could have their firearms, ammunition, and weapons carry licenses temporarily seized; superior courts and their clerks; local law enforcement agencies that must store and return firearms; and the Administrative Office of the Courts, which must develop forms and materials.

Georgians could ask a court to temporarily remove firearms from a family member, household member, or person a law enforcement officer identifies as dangerous, even without a criminal charge. Respondents would face firearm and license seizure, court hearings, and possible misdemeanor charges for violating an order or lying in court.

• Section 1 adds new Code Sections 16-11-140 through 16-11-149.5 to create the Georgia Red Flag Protective Order Act within Title 16, Chapter 11.
• 16-11-142 and 16-11-143 set petition requirements and require a hearing within 14 days, with orders issued only on clear and convincing evidence of significant danger, lasting up to 12 months.
• 16-11-144 allows temporary ex parte orders without prior notice to the respondent if the court finds reasonable cause of near-term danger, with a hearing required within two business days.
• 16-11-146 lets a respondent request one hearing to vacate an order and lets a petitioner request an extension up to 12 months.
• 16-11-147 and 16-11-148 require surrender of firearms, ammunition, and weapons carry licenses to local law enforcement, with return only after a background check confirms eligibility and the order has ended.
• 16-11-149.1 requires courts and law enforcement to enter orders into the Georgia Crime Information Center and National Crime Information Center, which can suspend an affected weapons carry license.
• 16-11-149.2 makes false statements under oath in a related hearing, or knowingly possessing a firearm while barred by an order, a misdemeanor of a high and aggravated nature.
• 16-11-149.5 requires the Administrative Office of the Courts to produce standardized forms, instructions, and brochures, including versions for non-English-speaking populations.

1. 2025-02-05Senate Read and Referred (Senate)
2. 2025-02-04Senate Hopper (Senate)

• Nikki Merritt (D, SD-009)Primary sponsor
• Jason Esteves (D, SD-035)
• Harold Jones (D, SD-022)
• Sonya Halpern (D, SD-039)
• Elena Parent (D, SD-044)
• Nan Orrock (D, SD-036)
• Kim Jackson (D, SD-041)
• Derek Mallow (D, SD-002)
• Kenya Wicks (D, SD-034)
• RaShaun Kemp (D, SD-038)
• Tonya Anderson (D, SD-043)
• Donzella James (D, SD-028)
• Randal Mangham (D, SD-055)
• Freddie Sims (D, SD-012)
• Nabilah Islam Parkes (D, SD-007)
• Ed Harbison (D, SD-015)
• Sheikh Rahman (D, SD-005)
• David Lucas (D, SD-026)
• Sally Harrell (D, SD-040)
• Josh McLaurin (D, SD-014)
• Gail Davenport (D, SD-017)
• Michael Rhett (D, SD-033)

• gun laws
• red flag law
• firearm seizure
• domestic violence protections
• court orders