HB1324: HB1324 Crimes and offenses; possessing a silencer; repeal prohibition

LC 39 5038S The House Committee on Rules offers the following substitute to HB 1324: A BILL TO BE ENTITLED AN ACT To amend Article 4 of Chapter 11 of Title 16 of the Official Co de of Georgia Annotated,1 relating to dangerous instrumentalities and practices, so as to repeal the prohibition on2 possessing a silencer; to provide for conforming changes; to pr ovide for definitions; to3 provide for related matters; to provide for an effective date a nd applicability; to repeal4 conflicting laws; and for other purposes.5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 SECTION 1.7 Article 4 of Chapter 11 of Title 16 of the Official Code of Geo rgia Annotated, relating to8 dangerous instrumentalities and practices, is amended in Part 2 , relating to possession of9 dangerous weapons, by repealing paragraph (7) of Code Section 1 6-11-121, relating to10 definitions relative to possession of dangerous weapons.11 SECTION 2.12 Said article is further amended in said part by revising Code Section 16-11-122, relating to13 possession of sawed-off shotgun or rifle, machine gun, silencer , or dangerous weapon14 prohibited, as follows:15 - 1 - LC 39 5038S "16-11-122.16 No person shall have in his or her possession any sawed-off shotgun, sawed-off rifle,17 machine gun, or dangerous weapon, or silencer except as provided in Code18 Section 16-11-124."19 SECTION 3.20 Said article is further amended in said part by revising Code Section 16-11-123, relating to21 unlawful possession of firearms or weapons, as follows:22 "16-11-123.23 A person commits the offense of unlawful possession of firearms or weapons when he or24 she knowingly has in his or her possession any sawed-off shotgun, sawed-off rifle, machine25 gun, or dangerous weapon, or silencer, and, upon conviction thereof, he or she shall be26 punished by imprisonment for a period of five years."27 SECTION 4.28 Said article is further amended in said part by revising Code Section 16-11-124, relating to29 exemptions from application of part, as follows:30 "16-11-124.31 This part shall not apply to:32 (1) A peace officer of any duly authorized police agency of this state or of any political33 subdivision thereof, or a law enforcement officer of any depart ment or agency of the34 United States who is regularly employed and paid by the United States, this state, or any35 such political subdivision, or an employee of the Department of Corrections of this state36 who is authorized in writing by the commissioner of corrections to transfer or possess37 such firearms while in the official performance of his or her duties;38 - 2 - LC 39 5038S (2) A member of the National Guard or of the armed forces of the United States to wit:39 the army, navy, marine corps, air force, space force, or coast guard who, while serving40 therein, possesses such firearm in the line of duty;41 (3) Any sawed-off shotgun, sawed-off rifle, machine gun, or dangerous weapon, or42 silencer w h i c h h a s b e e n m o d i f i e d o r c h a n g e d t o t h e e x t e n t t h a t i t i s i noperative. 43 Examples of the requisite modification include weapons with their barrel or barrels filled44 with lead, hand grenades filled with sand, or other nonexplosive materials;45 (4) Possession of a sawed-off shotgun, sawed-off rifle, machin e gun, or dangerous46 weapon, or silencer by a person who is authorized to possess possesses the same because47 he has registered the sawed-off shotgun, sawed-off rifle, machi ne gun, dangerous48 weapon, or silencer in accordance with the dictates of the National Firearms Act, 68A49 Stat. 725 (26 U.S.C. Sections 5841-5862) federal law; and50 (5) A security officer employed by a federally licensed nuclea r power facility or a51 licensee of such facility, including a contract security officer, who is trained and qualified52 under a security plan approved by the United States Nuclear Regulatory Commission or53 other federal agency authorized to regulate nuclear facility security; provided, however,54 that this exemption shall apply only while such security office r is acting in connection55 with his or her official duties on the premises of such nuclear power facility or on56 properties outside the facility property pursuant to a written agreement entered into with57 the local law enforcement agency having jurisdiction over the facility. The exemption58 under this paragraph does not include the possession of silencers."59 SECTION 5.60 Said article is further amended in Part 4A, relating to enhance d criminal penalties, by61 revising Code Section 16-11-160, relating to use of machine gun s, sawed-off rifles,62 sawed-off shotguns, or firearms with silencers during commissio n of certain offenses and63 enhanced criminal penalties, as follows:64 - 3 - LC 39 5038S "16-11-160.65 (a)(1) As used in this Code section, the term:66 (1) 'Bulletproof vest' means a bullet-resistant soft body armor providing, as a minimum67 standard, the level of protection known as 'threat level I,' wh ich means at least seven68 layers of bullet-resistant material providing protection from a t least three shots of69 158-grain lead ammunition fired from a .38 caliber handgun at a velocity of 850 feet per70 second.71 (2) 'Machine gun' shall have the same meaning as set forth in Code Section 16-11-121.72 (3) 'Sawed-off rifle' shall have the same meaning as set forth in Code Section 16-11-121.73 (4) 'Sawed-off shotgun' shall have the same meaning as set for th in Code74 Section 16-11-121.75 (5) 'Silencer or suppressor' means any device for diminishing the report of any portable76 weapon or other device from which a shot, bullet, or projectile may be discharged by an77 explosive.78 (b) It shall be unlawful for any person to possess or to use a machine gun, sawed-off rifle,79 sawed-off shotgun, or firearm equipped with a silencer or suppr essor, as those terms are80 defined in Code Section 16-11-121, during the commission or the attempted commission81 of any of the following offenses:82 (1)(A) Aggravated assault as defined in Code Section 16-5-21;83 (2)(B) Aggravated battery as defined in Code Section 16-5-24;84 (3)(C) Robbery as defined in Code Section 16-8-40;85 (4)(D) Armed robbery as defined in Code Section 16-8-41;86 (5)(D.1) Home invasion in any degree as defined in Code Section 16-7-5;87 (6)(E) Murder or felony murder as defined in Code Section 16-5-1;88 (7)(F) Voluntary manslaughter as defined in Code Section 16-5-2;89 (8)(G) Involuntary manslaughter as defined in Code Section 16-5-3;90 - 4 - LC 39 5038S (9)(H) Sale, possession for sale, transportation, manufacture, offer for sale, or offer to91 manufacture controlled substances in violation of any provision o f A r t i c l e 2 o f92 Chapter 13 of this title, the 'Georgia Controlled Substances Act';93 (10)(I) Terroristic threats or acts as defined in Code Section 16-11-37;94 (11)(J) Arson as defined in Code Section 16-7-60, 16-7-60.1, 16-7-61, or 16-7-62 or95 arson of lands as defined in Code Section 16-7-63;96 (12)(K) Influencing witnesses as defined in Code Section 16-10-93; and97 (13)(L) Participation in criminal gang activity as defined in Code Section 16-15-4.98 (2)(A) As used in this paragraph, the term 'bulletproof vest' means a bullet-resistant99 soft body armor providing, as a minimum standard, the level of protection known as100 'threat level I,' which means at least seven layers of bullet-resistant material providing101 protection from at least three shots of 158-grain lead ammuniti on fired from a .38102 caliber handgun at a velocity of 850 feet per second.103 (c)(B) It shall be unlawful for any person to wear a bulletproof vest during the commission104 or the attempted commission of any of the following offenses:105 (1)(i) Any crime against or involving the person of another in viola tion of any of the106 provisions of this title for which a sentence of life imprisonment may be imposed;107 (2)(ii) Any felony involving the manufacture, delivery, distribution, administering, or108 selling of controlled substances or marijuana as provided in Code Section 16-13-30; or109 (3)(iii) Trafficking of substances in violation of Code Section 16-13-31.110 (d)(b) Any person who violates paragraph (1) of subsection (a)(b) of this Code section111 shall be guilty of a felony, and, upon conviction thereof, shall be punished by confinement112 for a period of ten years, and such sentence to shall run consecutively to any other sentence113 which the person has received.114 (e) Any person who violates paragraph (2) of subsection (a)(c) of this Code section shall115 be guilty of a felony, and, upon conviction thereof, shall be punished by confinement for116 - 5 - LC 39 5038S a period of one to five years, and such sentence to shall run consecutively to any other117 sentence which the person has received.118 (f)(c) Upon the second or subsequent conviction of a person under this Code section, the119 person shall be punished by life imprisonment. Notwithstanding any other law to the120 contrary, the sentence of any person which is imposed for viola ting this Code section a121 second or subsequent time shall not be suspended by a court or a probationary sentence122 imposed in lieu thereof.123 (g)(d) The punishment prescribed for the violation of subsections (a) and (b), (c), and (f)124 of this Code section shall not be probated or suspended as is provided by Code125 Section 17-10-7.126 (h)(e) Any crime committed in violation of this Code section shall be considered a separate127 offense."128 SECTION 6.129 This Act shall become effective on July 1, 2026, and shall apply to all offenses committed130 on or after such date.131 SECTION 7.132 All laws and parts of laws in conflict with this Act are repealed.133 - 6 -