HB1127: HB1127 Crimes; offense of unlawful possession of parts of a machine gun; provide

26 LC 63 0017 House Bill 1127 By: Representatives Crawford of the 89 th, Westbrook of the 163 rd, Oliver of the 84 th, Holcomb of the 101st, Willis of the 55th, and others A BILL TO BE ENTITLED AN ACT To amend Part 2 of Article 4 of Chapter 11 of Title 16 of the O fficial Code of Georgia1 Annotated, relating to possession of dangerous weapons, so as to provide for the offense of2 unlawful possession of parts of a machine gun; to provide for punishment; to provide for an3 exemption; to revise and provide for definitions; to provide fo r related matters; to repeal4 conflicting laws; and for other purposes.5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 SECTION 1.7 Part 2 of Article 4 of Chapter 11 of Title 16 of the Official C ode of Georgia Annotated,8 relating to possession of dangerous weapons, is amended by revi sing Code Section9 16-11-121, relating to definitions, as follows:10 "16-11-121.11 As used in this part, the term:12 (1) 'Dangerous weapon' means any weapon commonly known as a 'r ocket launcher,'13 'bazooka,' or 'recoilless rifle' which fires explosive or nonexplosive rockets designed to14 injure or kill personnel or destroy heavy armor, or similar weapon used for such purpose.15 The Such term shall also mean a weapon commonly known as a 'mortar' which fires high16 H. B. 1127 - 1 - 26 LC 63 0017 explosive from a metallic cylinder and which is commonly used by the armed forces as17 an antipersonnel weapon or similar weapon used for such purpose. The term shall also18 mean a weapon commonly known as a 'hand grenade' or other similar weapon which is19 designed to explode and injure personnel or similar weapon used for such purpose.20 (2) 'Machine gun' means any weapon which shoots or , is designed to shoot, or can be21 readily converted to shoot, automatically, more than six shots one shot, without manual22 reloading, by a single function of the trigger.23 (3) 'Parts of a machine gun' means:24 (A) The frame or receiver of any such weapon;25 (B) Any part designed and intended solely and exclusively, or combination of parts26 designed and intended, for use in converting a pistol into a machine gun; or27 (C) Any combination of parts from which a machine gun can be a ssembled if such28 parts are in the possession or under the control of a person.29 (4) 'Person' means any individual, partnership, company, association, or corporation.30 (4)(5) 'Sawed-off rifle' means a weapon designed or redesigned, made or remade, and31 intended to be fired from the shoulder; and designed or redesigned, made or remade, to32 use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile33 through a rifle bore for each single pull of the trigger; and which has a barrel or barrels34 of less than 16 inches in length or has an overall length of less than 26 inches.35 (5)(6) 'Sawed-off shotgun' means a shotgun or any weapon made from a shotgun whether36 by alteration, modification, or otherwise having one or more barrels less than 18 inches37 in length or if such weapon as modified has an overall length of less than 26 inches.38 (6)(7) 'Shotgun' means a weapon designed or redesigned, made or remade, and intended39 to be fired from the shoulder; and designed or redesigned, and made or remade, to use the40 energy of the explosive in a fixed shotgun shell to fire throug h a smooth bore either a41 number of ball shot or a single projectile for each single pull of the trigger.42 H. B. 1127 - 2 - 26 LC 63 0017 (7)(8) 'Silencer' means any device for silencing or diminishing the report of any portable43 weapon such as a rifle, carbine, pistol, revolver, machine gun, shotgun, fowling piece, or44 other device from which a shot, bullet, or projectile may be discharged by an explosive."45 SECTION 2.46 Said part is further amended by adding a new Code section to read as follows:47 "16-11-123.1.48 (a) As used in this Code section, the term 'possession' means actual or constructive custody49 or control, including, but not limited to, manufacturing, obtai ning, receiving, selling,50 offering for sale, or using.51 (b) No person shall have in his or her possession parts of a m achine gun except as52 provided in Code Section 16-11-124.53 (c) A person commits the offense of unlawful possession of parts of a machine gun when54 he or she knowingly has in his or her possession parts of a mac hine gun, and, upon55 conviction thereof, shall be punished by imprisonment for not less than one nor more than56 five years."57 SECTION 3.58 Said part is further amended in Code Section 16-11-124, relatin g to exemptions from59 application of part, by adding a new paragraph to read as follows:60 "(6) A manufacturer licensed and qualified to manufacture and maintain an inventory of61 machine guns under the Gun Control Act of 1968, 82 Stat. 1213-2 (18 U.S.C.62 Sections 921-934) and National Firearms Act, 68A Stat. 725 (26 U.S.C.63 Sections 5841-5862), that is acting pursuant to and in accordance with such provisions."64 SECTION 4.65 All laws and parts of laws in conflict with this Act are repealed.66 H. 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