Georgia SB 309: Brady Law Regulations; five-day waiting period for the purchase or transfer of certain firearms; require

Status: Senate Read and Referred (as of 2021-03-23)

State: Georgia · Session: 2021_22 · Bill: SB 309

Sponsors: David Lucas, Ed Harbison, Elena Parent, Emanuel Jones, Freddie Powell Sims, Gail Davenport, Gloria Butler, Harold Jones II, Jennifer Jordan, Kim Jackson, Michael 'Doc' Rhett, Michelle Au, Nan Orrock, Nikki Merritt, Sally Harrell, Sheikh Rahman, Sonya Halpern, Tonya Anderson

Bill Text

21LC 41 3146
S. B. 309
- 1 -
Senate Bill 309
By: Senators Au of the 48th, Rahman of the 5th, Butler of the 55th, Jordan of the 6th, Parent
of the 42nd and others 
A BILL TO BE ENTITLED
AN ACT
To  amend  Part  5  of  Article  4  of  Chapter  11  of  Title  16  of  the  Official  Code  of  Georgia
1
Annotated, relating to Brady Law Regulations, so as to require a five-day waiting period for2
the purchase or transfer of certain firearms; to provide for exceptions; to provide for criminal3
penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.4
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5
SECTION 1.6
Part 5 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated,7
relating to Brady Law Regulations, is amended by adding a new Code section to read as8
follows:9
"16-11-172.110
(a)    All  transfers  or  purchases  of  firearms  conducted  by  a  licensed  importer,  licensed11
manufacturer,  or  licensed  dealer  shall  not  be  completed  until  the  fifth  day  after  the12
initiation of such transfer or purchase; provided, however, that the calculation of the five13
days  shall  not  include  Saturdays,  Sundays,  or  state  or  federal  holidays  and  provided,14
further, that the NICS check provided for under Code Section 16-11-172 may be conducted15
within the five days.16

21LC 41 3146
S. B. 309
- 2 -
(b)  Licensed importers, licensed manufacturers, and licensed dealers shall, during normal
17
business hours, make records available for inspection by any law enforcement agency for18
purposes of any criminal investigation.19
(c)  Subsection (a) of this Code section shall not apply when a firearm is being purchased20
by, or transferred to:21
(1)  The holder of a weapons carry license issued pursuant to Code Section 16-11-129;22
or23
(2)  Any person provided for under Code Section 16-11-130.24
(d)  Any licensed importer, licensed manufacturer, or licensed dealer who violates this25
Code section, or any purchaser or transferee who uses fraud or false representation to avoid26
the requirements of subsection (a) of this Code section, shall be guilty of a felony and,27
upon conviction, shall be punished by imprisonment for not less than one nor more than28
five years."29
SECTION 2.30
All laws and parts of laws in conflict with this Act are repealed.31

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