Georgia Senate - 1995/1996 Sessions

SB 109 - Handgun Purchase - limit of one w/in 30 day period

Page Numbers - 1/ 2

Code Sections - 16-11-125.1

1. Scott  36th            2. Oliver  42nd            3. Egan  40th


Senate Comm: Judy       /         House Comm:           /                                           
Senate Vote: Yeas       Nays                                                                        
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              Senate          Action          House                                                 
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             1/23/95   Read 1st time                                                                
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Code Sections amended:                                                                              


SB 10995                                          LC 21 2988

      SENATE BILL 109

      By:  Senators Scott of the 36th, Oliver of the 42nd,
           Egan of the 40th and others

                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Part 2 of Article 4 of Chapter 11 of Title 16 of
  1- 2  the Official Code of Georgia Annotated, the "Georgia
  1- 3  Firearms and Weapons Act," so as to provide that it shall be
  1- 4  unlawful to purchase more than one handgun within a 30 day
  1- 5  period; to define a certain term; to provide exceptions; to
  1- 6  provide a penalty; to provide for related matters; to repeal
  1- 7  conflicting laws; and for other purposes.

  1- 8       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1- 9  Part 2 of Article 4 of Chapter 11 of Title 16 of the
  1-10  Official Code of Georgia Annotated, the "Georgia Firearms
  1-11  and Weapons Act," is amended by inserting immediately
  1-12  following paragraph (1) of Code Section 16-11-121, relating
  1-13  to definitions, a new paragraph to read as follows:

  1-14      "(1.1) 'Handgun' means any pistol, revolver, or other
  1-15      firearm originally designed, made, and intended to fire
  1-16      a projectile by means of an explosion from one or more
  1-17      barrels when held in the hand."

                         SECTION 2.

  1-18  Said part is further amended by inserting at the end thereof
  1-19  the following:

  1-20    "16-11-125.1. (Index)

  1-21    (a) Except as provided in this Code section, it shall be
  1-22    unlawful for any person who is not a licensed firearms
  1-23    dealer to purchase or knowingly to sell to another person
  1-24    more than one handgun within any 30 day period.

  1-25    (b) The provision of subsection (a) of this Code section
  1-26    notwithstanding, a person may purchase more than one
  1-27    handgun in a 30 day period for lawful business or personal
  1-28    use, as part of a gun collection, or as a bulk purchase
  1-29    from estate sales. Further, a person may purchase a
  1-30    handgun to replace a handgun which was stolen or lost,


                             S. B. 109
                                 -1- (Index)

                                                  LC 21 2988

  2- 1    even if such person has purchased another handgun within
  2- 2    30 days.  Any person wishing to make such a purchase of
  2- 3    handguns in excess of the limit established by this Code
  2- 4    section shall make application to the Georgia Bureau of
  2- 5    Investigation on a form supplied by the bureau stating the
  2- 6    number and type of handguns to be purchased and
  2- 7    transferred, the purpose for purchasing handguns above the
  2- 8    limit, and such other information as the bureau shall deem
  2- 9    necessary and shall supply such corroborating
  2-10    documentation as the bureau deems necessary.  The
  2-11    applicant shall sign the application under oath and shall
  2-12    provide proof of residency and identity satisfactory to
  2-13    the bureau.  Upon satisfaction of the provisions of this
  2-14    subsection, the bureau shall issue a certificate for the
  2-15    purchase of the requested number of handguns, which
  2-16    certificate shall be nontransferable and shall be valid
  2-17    for a period of seven days from the date of issue.  The
  2-18    certificate shall be surrendered upon the purchase and
  2-19    shall be maintained on file by the licensed gun dealer
  2-20    from which the guns were purchased for a period of not
  2-21    less than two years.

  2-22    (c) The provisions of this Code section shall not apply to
  2-23    a federal, state, or local law enforcement agency; a
  2-24    federal, state, or local agency having employees who are
  2-25    authorized to carry a handgun as a part of their official
  2-26    duties; federal, state, and local correctional facilities;
  2-27    or private security companies licensed to do business in
  2-28    this state.

  2-29    (d) The exchange or replacement of a handgun by a seller
  2-30    for a handgun purchased by the same person seeking the
  2-31    exchange or replacement within 30 days following the
  2-32    initial purchase shall not constitute a purchase within
  2-33    the meaning of this Code section.

  2-34    (e) Violation of this Code section shall constitute a
  2-35    misdemeanor of a high and aggravated nature.  Each handgun
  2-36    purchased or sold in violation of this Code section shall
  2-37    constitute a separate violation."

                         SECTION 3.

  2-38  All laws and parts of laws in conflict with this Act are
  2-39  repealed.





                             S. B. 109
                                 -2- (Index)