Georgia HB 289: Georgia Firearms and Weapons Act; enact

Bill Text

19 LC 41 1788
H. B. 289
- 1 -
House Bill 289
By: Representatives Oliver of the 82
nd, Frye of the 118
th, Clark of the 108
th, Shannon of the
84
th, Holland of the 54
th, and others
A BILL TO BE ENTITLED
AN ACT
To amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated,1
relating to dangerous instrumentalities and practices, so as to make unlawful the possession2
and use of bump fire stocks; to revise definitions; to subject the possession and use of bump3
fire stocks to criminal penalties; to provide for related matters; to repeal conflicting laws; and4
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 Georgia Annotated, relating to8
dangerous instrumentalities and practices, is amended by revising Part 2, relating to9
possession of dangerous weapons, as follows:10
"Part 211
16-11-120.12
This part shall be known and may be cited as the 'Georgia Firearms and Weapons Act.'13
16-11-121.14
As used in this part, the term:15
(1) 'Bump fire stock' means any device that replaces or supplements, or is designed to16
replace or supplement, a weapon's buttstock or pistol grip and enables, or is designed to17
enable, such weapon to shoot more than six shots by a single function of the trigger or by18
recoil of the weapon.19
(2) 'Dangerous weapon' means any weapon commonly known as a 'rocket launcher,'20
'bazooka,' or 'recoilless rifle' which fires explosive or nonexplosive rockets designed to21
injure or kill personnel or destroy heavy armor, or similar weapon used for such purpose.22
The term shall also mean a weapon commonly known as a 'mortar' which fires high23

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explosive from a metallic cylinder and which is commonly used by the armed forces as24
an antipersonnel weapon or similar weapon used for such purpose. The term shall also25
mean a weapon commonly known as a 'hand grenade' or other similar weapon which is26
designed to explode and injure personnel or similar weapon used for such purpose.27
(2)(3) 'Machine gun' means any weapon which:28
(A) Shoots shoots or is designed to shoot, automatically, more than six shots, without29
manual reloading, by a single function of the trigger; or30
(B) Is used with a bump fire stock.31
(3)(4) 'Person' means any individual, partnership, company, association, or corporation.32
(4)(5) 'Sawed-off rifle' means a weapon designed or redesigned, made or remade, and33
intended to be fired from the shoulder; and designed or redesigned, made or remade, to34
use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile35
through a rifle bore for each single pull of the trigger; and which has a barrel or barrels36
of less than 16 inches in length or has an overall length of less than 26 inches.37
(5)(6) 'Sawed-off shotgun' means a shotgun or any weapon made from a shotgun whether38
by alteration, modification, or otherwise having one or more barrels less than 18 inches39
in length or if such weapon as modified has an overall length of less than 26 inches.40
(6)(7) 'Shotgun' means a weapon designed or redesigned, made or remade, and intended41
to be fired from the shoulder; and designed or redesigned, and made or remade, to use the42
energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a43
number of ball shot or a single projectile for each single pull of the trigger.44
(7)(8) 'Silencer' means any device for silencing or diminishing the report of any portable45
weapon such as a rifle, carbine, pistol, revolver, machine gun, shotgun, fowling piece, or46
other device from which a shot, bullet, or projectile may be discharged by an explosive.47
16-11-122.48
No person shall have in his or her possession any sawed-off shotgun, sawed-off rifle,49
machine gun, dangerous weapon, bump fire stock, or silencer except as provided in Code50
Section 16-11-124.51
16-11-123.52
A person commits the offense of unlawful possession of firearms or weapons when he or53
she knowingly has in his or her possession any sawed-off shotgun, sawed-off rifle, machine54
gun, dangerous weapon, bump fire stock, or silencer, and, upon conviction thereof, he or55
she shall be punished by imprisonment for a period of five years.56

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16-11-124.57
This part shall not apply to:58
(1) A peace officer of any duly authorized police agency of this state or of any political59
subdivision thereof, or a law enforcement officer of any department or agency of the60
United States who is regularly employed and paid by the United States, this state, or any61
such political subdivision, or an employee of the Department of Corrections of this state62
who is authorized in writing by the commissioner of corrections to transfer or possess63
such firearms while in the official performance of his or her duties;64
(2) A member of the National Guard or of the armed forces of the United States to wit:65
th