06 LC 29
2273ER
House
Bill 1439
By:
Representatives Franklin of the
43rd,
Ralston of the
7th,
Bearden of the
68th,
Byrd of the
20th,
Knox of the
24th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of
Georgia Annotated, relating to carrying and possession of firearms, so as to
provide for the crime of unlawful confiscation of legally owned and carried
firearms; to amend Code Section 38-3-51 of the Official Code of Georgia
Annotated, relating to the emergency powers of the Governor, so as to limit the
Governoŕs
emergency powers with respect to firearms; to provide for criminal penalties; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Part
3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia
Annotated, relating to carrying and possession of firearms, is amended by adding
a new Code section at the end thereof, to be designated Code Section 16-11-135,
to read as follows:
"16-11-135.
(a)
It shall be unlawful for any law enforcement officer, any person acting as a law
enforcement officer, or any public officer or official to confiscate or attempt
to confiscate during a declared, official state of emergency any firearm from
any person who legally owns and carries such firearm.
(b)
Any person who violates subsection (a) of this Code section shall be guilty of a
felony and, upon conviction thereof, shall be punished by a fine of not less
than $5,000.00 and imprisonment for not less than one year.
(c)
Any person convicted of a violation of subsection (a) of this Code section shall
receive a letter of reprimand from the chief law enforcement officer of the
jurisdiction in which the offense
occurs."
SECTION
2.
Code
Section 38-3-51 of the Official Code of Georgia Annotated, relating to the
emergency powers of the Governor, is amended by striking paragraph (8) of
subsection (d) and inserting in lieu thereof the following:
"(8)
Suspend or limit the sale, dispensing, or transportation of alcoholic beverages,
firearms,
explosives, and combustibles;
provided,
however, that any limitation on firearms under this Code section shall not
include an individual firearm owned by a private citizen which was legal and
owned by that citizen prior to the declaration of state of emergency or disaster
or thereafter acquired in compliance with all applicable laws of this state and
the United States;
and"
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.