SB499: SB499 Dangerous Instrumentalities and Practices; prohibition on possessing a silencer; repeal

Georgia law currently lists silencers alongside sawed-off shotguns, sawed-off rifles, machine guns, and other 'dangerous weapons' that most people are not allowed to possess. This bill removes the definition of silencer from that dangerous weapons statute (O.C.G.A. § 16-11-121) and rewrites the related possession and exemption sections so that simply owning a silencer is no longer automatically a crime for the general public. Instead, the bill creates a narrower offense in O.C.G.A. § 16-11-123: a person commits unlawful possession of a silencer only if they knowingly possess one while also knowing they are already barred from possessing or receiving a firearm under Georgia law, such as certain convicted felons. The bill keeps existing enhanced penalties for using a firearm equipped with a silencer during specified violent or drug crimes under O.C.G.A. § 16-11-160. The changes would take effect July 1, 2026, and apply to offenses committed on or after that date.

• Removes the legal definition of 'silencer' from Georgia's dangerous weapons statute (O.C.G.A. § 16-11-121), taking it out of that general list of restricted items.
• Rewrites O.C.G.A. § 16-11-123 to create a narrower crime: possessing a silencer is illegal only for someone who also knows they are already prohibited from possessing or receiving a firearm.
• Keeps a felony penalty of up to five years for possessing sawed-off shotguns, sawed-off rifles, machine guns, or other dangerous weapons under the general prohibition.
• Revises exemptions in O.C.G.A. § 16-11-124, including clarifying that a nuclear facility security officer's exemption does not cover silencers.
• Preserves enhanced sentencing (ten years, consecutive) for using a machine gun, sawed-off firearm, or a firearm fitted with a silencer or suppressor while committing certain violent or drug offenses under O.C.G.A. § 16-11-160.
• Sets an effective date of July 1, 2026, applying only to offenses committed on or after that date.

Georgians who own or want to own firearm silencers, people already legally barred from possessing firearms (such as certain convicted felons), law enforcement officers who enforce weapons laws, and anyone charged with a violent or drug crime involving a machine gun, sawed-off firearm, or silencer-equipped weapon.

Under current law, possessing a silencer is broadly restricted alongside weapons like sawed-off shotguns. This bill would let most Georgians legally possess a silencer, while keeping it a felony for people already barred from having firearms, and it leaves tougher penalties in place for using a silencer during certain violent or drug crimes.

• Section 1 repeals paragraph (7) of O.C.G.A. § 16-11-121, which currently defines 'silencer' for purposes of the dangerous weapons statute.
• Section 2 revises O.C.G.A. § 16-11-122 governing possession of sawed-off shotguns, sawed-off rifles, machine guns, and dangerous weapons, updating how silencers are treated within that section.
• Section 3 rewrites O.C.G.A. § 16-11-123 to add a new, narrower offense: unlawful possession of a silencer only applies to someone who knows they are barred from possessing or receiving a firearm.
• Section 4 updates the exemptions in O.C.G.A. § 16-11-124, including for police, military members, inoperative weapons, and federally registered weapons, and states the nuclear facility security exemption does not cover silencers.
• Section 5 revises O.C.G.A. § 16-11-160 to update definitions of 'silencer or suppressor' and reorganize the enhanced penalties for using such weapons during listed violent and drug crimes.
• Section 6 sets the effective date as July 1, 2026, applying to offenses committed on or after that date.
• Section 7 repeals any conflicting laws.

1. 2026-03-19House Committee Favorably Reported By Substitute (House)
2. 2026-03-10House Second Readers (House)
3. 2026-03-09House First Readers (House)
4. 2026-03-06Senate Passed/Adopted By Substitute (Senate)
5. 2026-03-06Senate Third Read (Senate)
6. 2026-03-06Senate Taken from Table (Senate)
7. 2026-03-06Senate Tabled (Senate)
8. 2026-03-04Senate Read Second Time (Senate)

• Frank Ginn (R, SD-047)Primary sponsor
• Larry Walker (R, SD-020)
• Jason Anavitarte (R, SD-031)
• Shawn Still (R, SD-048)
• Chuck Payne (R, SD-054)
• Carden Summers (R, SD-013)
• Steve Gooch (R, SD-051)
• Mike Hodges (R, SD-003)
• Billy Hickman (R, SD-004)
• Ed Setzler (R, SD-037)
• Jason T. Dickerson (R, SD-021)
• Drew Echols (R, SD-049)
• Russ Goodman (R, SD-008)
• Lee Anderson (R, SD-024)
• Clint Dixon (R, SD-045)
• Randy Robertson (R, SD-029)
• Jason Ridley (R, HD-006)

1. PassedSenate voteMarch 6, 2026

   30 yea, 20 nay (0 not voting, 5 absent)

   Passage By Substitute: Senate Vote #686

• gun laws
• silencers and suppressors
• weapons possession
• criminal penalties