HB1324: HB1324 Crimes and offenses; possessing a silencer; repeal prohibition
Last action March 6, 2026 · House Third Reading Lost
A Georgia House bill would repeal the state law that makes it a crime to simply possess a firearm silencer, while keeping tougher prison sentences for using a machine gun, sawed-off weapon, or suppressed firearm during certain violent crimes.
In plain language
Under current Georgia law, possessing a silencer (also called a suppressor) for a firearm is generally treated the same as possessing a sawed-off shotgun or machine gun: a crime carrying up to five years in prison, unless the owner has registered it under federal law. This bill would remove the general ban on owning a silencer from Georgia's dangerous weapons statute. It repeals the legal definition of 'silencer' in one code section and strikes silencer references from the sections that list banned weapons and their penalties, while making matching updates elsewhere in the law. The bill also rewrites the state's enhanced-penalty statute, which adds extra prison time for using a machine gun, sawed-off weapon, or suppressed firearm during crimes like armed robbery, murder, or arson. That statute would get its own new definition of 'silencer or suppressor' so it still applies even after the general possession ban is repealed. The changes would take effect July 1, 2026, and apply to offenses committed on or after that date.
What the bill does
- Repeals the definition of 'silencer' in O.C.G.A. § 16-11-121, removing it from Georgia's general dangerous weapons statute.
- Removes silencer possession from the list of banned weapons and penalties in O.C.G.A. §§ 16-11-122 and 16-11-123, ending the standalone crime of unregistered possession.
- Updates the exemptions section, O.C.G.A. § 16-11-124, including keeping nuclear facility security officers' exemption from covering silencers.
- Adds a new, self-contained definition of 'silencer or suppressor' to O.C.G.A. § 16-11-160 so the enhanced-penalty law can still reference the term.
- Keeps mandatory extra prison sentences (five to ten years) for using a machine gun, sawed-off weapon, or suppressed firearm while committing crimes like armed robbery, murder, or arson.
- Sets the effective date as July 1, 2026, applying only to offenses committed on or after that date.
Who it affects
Gun owners and prospective owners of firearm suppressors, retailers and dealers in firearms accessories, prosecutors and courts handling weapons charges, and people who commit certain violent felonies while using a suppressed firearm, who would still face enhanced prison sentences.
Why it matters
If enacted, owning a silencer in Georgia would no longer by itself be a state crime, though it would remain regulated under federal law. People who use a suppressed firearm while committing crimes like armed robbery or murder would still face the same extra mandatory prison time under the enhanced-penalty law.
Key provisions
- 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, the code section listing weapons whose possession is generally prohibited.
- Section 3 revises O.C.G.A. § 16-11-123, the offense of unlawful possession of firearms or weapons, and its five-year prison penalty.
- Section 4 revises the exemptions in O.C.G.A. § 16-11-124, including a provision that nuclear power facility security officers' exemption 'does not include the possession of silencers.'
- Section 5 rewrites O.C.G.A. § 16-11-160, adding a standalone definition of 'silencer or suppressor' and preserving enhanced sentences (up to ten years, consecutive) for using one during violent crimes such as murder, armed robbery, or arson.
- Section 6 sets the effective date as July 1, 2026, applying to offenses committed on or after that date.
- Section 7 repeals all conflicting state laws.
From the bill
“It shall be unlawful for any person to possess or to use a machine gun, sawed-off rifle,”
“This Act shall become effective on July 1, 2026, and shall apply to all offenses committed”
Status timeline
- House Third Reading Lost (House)
- House Third Readers (House)
- House Withdrawn, Recommitted (House)
- House Committee Favorably Reported (House)
- House Second Readers (House)
- House First Readers (House)
- House Hopper (House)
Sponsors
- Jason Ridley (R, HD-006)
- Charles Cannon (R, HD-172)
- Trey Rhodes (R, HD-124)
- Noel Williams (R, HD-148)
- John Corbett (R, HD-174)
Votes
- House voteMarch 6, 2026
87 yea, 76 nay (1 not voting, 13 absent)
Topics
- gun laws
- silencers and suppressors
- firearms regulation
- criminal penalties
- weapons possession