HB1312: HB1312 Desai Safety Act; enact

Under current Georgia law, felons and certain probationers are barred from having guns, but people simply subject to a family violence or dating violence protective order face no automatic firearm ban. This bill changes that by amending the felon firearm possession law (O.C.G.A. § 16-11-131) so that anyone under a qualifying protective order, one issued after they had notice and a chance to be heard, is barred from receiving, possessing, or transporting a firearm or ammunition. The bill requires such a person to surrender or transfer their firearms within 48 hours of being served, sets criminal penalties for violations and for lying to evade the requirement, and lets courts return firearms once the order ends or a judge finds the person is no longer dangerous. Courts must report the orders and any restorations to the Georgia Crime Information Center and the national background check system. It also amends Title 19 so protective orders themselves must state the firearm prohibition on their face.

• Makes it a felony, punishable by up to $10,000 in fines and one to five years in prison, to possess or try to buy a firearm or ammunition while under a qualifying protective order.
• Requires a person served with such an order to surrender or transfer their firearms and ammunition within 48 hours, either to law enforcement, a licensed dealer, or a non-prohibited person who does not live with them.
• Makes it a misdemeanor to knowingly give false information to a court or police to dodge the firearm surrender requirement.
• Lets a person petition the court to get their firearms back and have their rights restored once the order ends or a judge finds they are no longer a danger.
• Requires clerks of court to report protective orders and any rights restorations to the Georgia Crime Information Center and the National Instant Criminal Background Check System.
• Adds new definitions for 'ammunition,' 'antique firearm,' 'protected person,' and 'protective order' to the existing felon firearm possession statute (O.C.G.A. § 16-11-131).

People subject to family violence or dating violence protective orders in Georgia, the individuals those orders protect, superior court clerks who must report and track the orders, local law enforcement agencies handling surrendered weapons, and licensed firearms dealers who may temporarily store surrendered guns.

People under a qualifying protective order would lose legal access to firearms and ammunition for as long as the order is in effect, with felony penalties for keeping or trying to acquire a gun. Protected individuals would gain an added layer of safety, while restrained respondents would face a strict 48 hour deadline to give up weapons.

• Section 1 names the bill the 'Desai Safety Act.'
• Section 2 amends O.C.G.A. § 16-11-131 to add new definitions and create subsection (b.2), barring firearm or ammunition possession by anyone under a protective order and setting penalties of up to $10,000 and one to five years in prison.
• Section 2 requires surrender or transfer of firearms and ammunition within 48 hours of being served with the order, and lets police seize weapons in plain view if the person does not comply.
• Section 2 allows a person to petition the court for return of firearms once they show they are no longer prohibited and no longer under the order, and shields private citizens from being sued for enforcing the law.
• Section 3 amends the family violence protective order statute (O.C.G.A. § 19-13-4) to require orders to state the firearm prohibition on their face and explain the surrender duty and penalties.
• Section 4 makes the same changes for dating violence protective orders under O.C.G.A. § 19-13A-4.
• Section 5 repeals any conflicting laws.

1. 2026-02-18House Second Readers (House)
2. 2026-02-17House First Readers (House)
3. 2026-02-12House Hopper (House)

• Mary Ann Santos (D, HD-117)Primary sponsor
• Omari Crawford (D, HD-089)
• Terry Cummings (D, HD-039)

• gun control
• domestic violence
• protective orders
• firearm possession laws
• public safety