Georgia Commons

Official Code of Georgia Annotated

Title 16. CRIMES AND OFFENSES · Chapter 11. OFFENSES AGAINST PUBLIC ORDER AND SAFETY · Article 4. DANGEROUS INSTRUMENTALITIES AND PRACTICES · Part 1. GENERAL PROVISIONS

16-11-113. Offense of transferring firearm to individual other than actual buyer; penalty.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    Any person who knowingly attempts to solicit, persuade, encourage, or entice any dealer to transfer or otherwise convey a firearm to an individual who is not the actual buyer, to an individual who is on probation as a felony first offender pursuant to Article 3 of Chapter 8 of Title 42, to an individual who is on probation and sentenced for a felony under subsection (a) or (c) of Code Section 16-13-2, or to an individual who has been convicted of a felony by a court of this state or any other state, as well as any other person who willfully and intentionally aids or abets such person, shall be guilty of a felony and upon conviction shall be punished by imprisonment for not less than one year nor more than five years; provided, however, that upon a second or subsequent conviction, by imprisonment for not less than five nor more than ten years.#

  2. (b)
    1. (1)

      Any person who knowingly and intentionally provides a firearm to any other person who is on probation as a felony first offender pursuant to Article 3 of Chapter 8 of Title 42 or to any person who has been convicted of a felony by a court of this state or any other state shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than five years; provided, however, that upon a second or subsequent conviction, such person shall be punished by imprisonment for not less than five nor more than ten years.#

    2. (2)

      Nothing in this subsection shall be construed as requiring a provider of a firearm to affirmatively confirm that a person to whom a firearm is provided is not a felony first offender or a person who has been convicted of a felony.#

    3. (3)

      This subsection shall not apply to any person providing a firearm to any other person who has been:#

      1. (A)

        Pardoned for the felony by the President of the United States, the State Board of Pardons and Paroles, or the person or agency empowered to grant pardons under the constitutions or laws of any other state of the United States or of a foreign nation and, by the terms of the pardon, has expressly been authorized to receive, possess, or transport a firearm; or#

      2. (B)

        Otherwise granted relief from the disabilities of Code Section 16-11-131 pursuant to subsections (c) and (d) of such Code section.#

  3. (c)

    This Code section shall not apply to a federal law enforcement officer or a peace officer, as defined in Code Section 16-1-3, in the performance of his or her official duties or other person under such officer’s direct supervision.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 16-11-113, enacted by Ga. L. 2008, p. 1199, § 2/HB 89; Ga. L. 2018, p. 540, § 1/HB 657; Ga. L. 2018, p. 550, § 4-3/SB 407.

Editor's notes

Ga. L. 2008, p. 1199, § 1/HB 89, not codified by the General Assembly, provides that: ‘‘This Act shall be known and may be cited as the ‘Business Security and Employee Privacy Act.’’’

Cross references

Firearms dealers, T. 43, C. 16.

Law reviews

For article, ‘‘Georgia’s ‘Bring Your Gun to Work’ Law May Not Have the Firepower to Trouble Georgia Employers After All,’’ see 14 (No. 7) Ga. St. B.J. 12 (2009).

Other notes

The 2018 amendments.
The first 2018 amendment, effective July 1, 2018, designated the existing provisions as subsections (a) and (c); added ‘‘and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than five years’’ at the end of subsection (a); and added subsection (b). The second 2018 amendment, effective July 1, 2018, added subsection designations; in subsection (a), inserted ‘‘knowingly’’, substituted ‘‘to an individual who is not’’ for ‘‘other than to’’, inserted ‘‘, to an individual who is on probation as a felony first offender pursuant to Article 3 of Chapter 8 of Title 42, to an individual who is on probation and sentenced for a felony under subsection (a) or (c) of Code Section 16-13-2, or to an individual who has been convicted of a felony by a court of this state or any other state’’, and added ‘‘and upon conviction shall be punished by imprisonment for not less than one year nor more than five years; provided, however, that upon a second or subsequent conviction, by imprisonment for not less than five nor more than ten years’’ at the end.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t16-ch7-11-(v14a)-2018-pdf.pdf, Volume V14A, 2018 edition, pages 921 to 923; merge action: annotated; file SHA-256 5985d65f23ef.

Ask about this section

The answer is drawn from this section and, when they fit, the other sections of its chapter. It quotes the text and names the section for each claim. Not legal advice.

Answers come from this document. Not legal advice.