SB 72 - Criminal Storage of Firearm - provide for offense
Georgia Senate - 1995/1996 Sessions
SB 72 - Criminal Storage of Firearm - provide for offense
Page Numbers - 1/ 2/ 3/ 4/ 5
1. Abernathy 38th 2. Scott 36th
Senate Comm: Judy / House Comm: /
Senate Vote: Yeas Nays
---------------------------------------------
Senate Action House
---------------------------------------------
1/12/95 Read 1st time
---------------------------------------------
Code Sections amended:
SB 72 95 LC 19 2237
SENATE BILL 72
By: Senators Abernathy of the 38th and Scott of the 36th
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Article 4 of Chapter 11 of Title 16 of the Official
1- 2 Code of Georgia Annotated, relating to dangerous
1- 3 instrumentalities and practices, so as to provide for the
1- 4 offense of criminal storage of a firearm; to provide for
1- 5 legislative findings and intent; to provide for a short
1- 6 title; to provide definitions; to provide penalties for
1- 7 keeping a loaded firearm within accessibility of a minor who
1- 8 obtains such firearm and causes death or bodily injury; to
1- 9 provide for exceptions; to provide for mitigating factors
1-10 relative to prosecution; to require a specific warning when
1-11 firearms are sold or transferred; to provide for related
1-12 matters; to provide for a state-wide referendum; to repeal
1-13 conflicting laws; and for other purposes.
1-14 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
1-15 Article 4 of Chapter 11 of Title 16 of the Official Code of
1-16 Georgia Annotated, relating to dangerous instrumentalities
1-17 and practices, is amended by adding at the end thereof a new
1-18 Part 5 to read as follows:
"Part 5
1-19 16-11-170. (Index)
1-20 This part shall be known and may be cited as the 'Firearms
1-21 Protection for Minors Act.'
1-22 16-11-171. (Index)
1-23 (a) The General Assembly finds that a tragically large
1-24 number of children in Georgia have been accidentally
1-25 killed or seriously injured by negligently stored
1-26 firearms. The General Assembly further finds that placing
1-27 firearms within the reach or easy access of children is
1-28 dangerously irresponsible, encourages such accidents, and
1-29 should be prohibited. Therefore, it is the intent of the
1-30 General Assembly to take legislative action that is
1-31 necessary to protect the safety of our children.
S. B. 72
-1- (Index)
LC 19 2237
2- 1 (b) It is the intent of the General Assembly that adult
2- 2 citizens of this state retain their constitutional right
2- 3 to keep and bear firearms for hunting and sporting
2- 4 activities, for defense of self, family, home, and
2- 5 business, and as collectibles. Nothing in this part shall
2- 6 be construed to reduce or limit any existing right to
2- 7 purchase and own firearms or to provide authority to any
2- 8 state or local agency to infringe upon the privacy of any
2- 9 family, home, or business, except by lawful warrant. It
2-10 is not the intent of the General Assembly to require the
2-11 owner of a firearm to keep that firearm in a locked
2-12 container, such decision resting solely with the firearm
2-13 owner.
2-14 16-11-172. (Index)
2-15 As used in this part, the term:
2-16 (1) 'Loaded firearm' means a firearm in which there is
2-17 an unexpended cartridge or shell, consisting of a case
2-18 which holds a charge of powder and a bullet or shot, in
2-19 or attached in any manner to the firearm, including but
2-20 not limited to in the firing chamber, magazine, or clip
2-21 attached to the firearm; except that a muzzleloader
2-22 shall be deemed to be loaded when it is capped or primed
2-23 and has a powder charge and ball or shot in the barrel
2-24 or cylinder.
2-25 (2) 'Locked container' means a secure container which is
2-26 fully enclosed and locked by a padlock, key, lock,
2-27 combination lock, or similar locking device; such term
2-28 shall include the locked utility or glove compartment of
2-29 a motor vehicle.
2-30 (3) 'Locking device' means a device that is not an
2-31 integral part of a firearm but which prevents the
2-32 firearm from functioning and which when applied to the
2-33 firearm renders the firearm inoperable.
2-34 (4) 'Minor' means any person under the age of 16 years.
2-35 16-11-173. (Index)
2-36 Except as provided in Code Section 16-11-174, a person
2-37 commits the offense of criminal storage of a firearm if he
2-38 or she intentionally keeps any loaded firearm on any
2-39 premise which is under his or her custody or control and
2-40 he or she knows that a minor is likely to gain access to
2-41 the firearm without the permission of an adult and the
2-42 minor obtains access to the firearm and thereby causes
S. B. 72
-2- (Index)
LC 19 2237
3- 1 death or great bodily injury to himself, herself, or any
3- 2 other person. Violation of this subsection shall be
3- 3 punishable as a felony.
3- 4 16-11-174. (Index)
3- 5 The provisions of Code Section 16-11-173 shall not apply
3- 6 whenever any of the following occur:
3- 7 (1) The minor obtains the firearm as a result of an
3- 8 illegal entry to any premises by any person;
3- 9 (2) The firearm is kept in a locked container or in a
3-10 location which a reasonable person would believe to be
3-11 secure;
3-12 (3) The firearm is carried on the person or within such
3-13 a close proximity thereto that the individual can
3-14 readily retrieve and use the firearm as if carried on
3-15 the person;
3-16 (4) The firearm is equipped with a locking device which
3-17 is properly engaged when access thereto is gained by the
3-18 minor;
3-19 (5) The person is a peace officer or a member of the
3-20 armed forces or National Guard and the minor obtains the
3-21 firearm during or incidental to the performance of the
3-22 person's duties;
3-23 (6) The minor obtains or obtains and discharges the
3-24 firearm in a lawful act of self-defense or defense of
3-25 another person or persons;
3-26 (7) A person who keeps a loaded firearm on any premise
3-27 which is under his or her custody or control has no
3-28 reasonable expectation, based on objective facts and
3-29 circumstances, that a minor is likely to be present on
3-30 the premise; and
3-31 (8) The firearm was obtained by the child from a place
3-32 where there was no reasonable expectation, based on
3-33 objective facts and circumstances, that a child would
3-34 have access.
3-35 16-11-175. (Index)
3-36 (a) If the person who allegedly violated Code Section
3-37 16-11-173 is the parent or guardian of a child who is
3-38 injured or who dies as the result of an accidental
3-39 shooting, the district attorney, solicitor, or other
3-40 prosecutor shall consider, among other factors, the impact
S. B. 72
-3- (Index)
LC 19 2237
4- 1 of the injury or death on the person alleged to have
4- 2 violated Code Section 16-11-173 when deciding whether to
4- 3 prosecute an alleged violation. It is the General
4- 4 Assembly's intent that a parent or guardian of a minor who
4- 5 is injured or who dies as the result of an accidental
4- 6 shooting shall be prosecuted only in those instances in
4- 7 which the parent or guardian behaved in a grossly
4- 8 negligent manner or where similarly egregious
4- 9 circumstances exist. This subsection shall not otherwise
4-10 restrict, in any manner, the factors that a district
4-11 attorney, solicitor, or other prosecutor may consider when
4-12 deciding whether to prosecute alleged violations of Code
4-13 Section 16-11-173.
4-14 (b) If the person who allegedly violated Code Section
4-15 16-11-173 is the parent or guardian of a minor who is
4-16 injured or who dies as the result of an accidental
4-17 shooting, no arrest of the person for the alleged
4-18 violation of said Code section shall occur until at least
4-19 seven days after the date upon which the accidental
4-20 shooting occurred. In addition to the limitation
4-21 contained in this subsection, a law enforcement officer
4-22 shall consider the health status of a minor who suffers
4-23 great bodily injury as the result of an accidental
4-24 shooting prior to arresting a person for a violation of
4-25 Code Section 16-11-173 if the person to be arrested is the
4-26 parent or guardian of the injured minor. The intent of
4-27 this subsection is to encourage law enforcement officials
4-28 to delay the arrest of a parent or guardian of a seriously
4-29 injured child while the child remains on life-support
4-30 equipment or is in a similarly critical medical condition.
4-31 (c)(1) The fact that a person who allegedly violated
4-32 Code Section 16-11-173 attended a firearm safety
4-33 training course prior to the purchase of the firearm
t d d sfyi d X> R@ d > R@ d &> R@ d > R@ d > R@ d [> R@ d >
4-35 section shall be considered a mitigating factor by a
4-36 district attorney, solicitor, or other prosecutor when
4-37 he or she is deciding whether to prosecute the alleged
4-38 violation.
4-39 (2) In any action or trial commenced under this part,
4-40 the fact that a person who allegedly violated this part
4-41 attended a firearm safety training course prior to the
4-42 purchase of the firearm that is obtained by a minor in
4-43 violation of this part shall be admissible.
S. B. 72
-4- (Index)
LC 19 2237
5- 1 16-11-176. (Index)
5- 2 (a) Upon the retail commercial sale or retail transfer of
5- 3 any firearm, the seller or transferor shall deliver a
5- 4 written warning to the purchaser or transferee, which
5- 5 warning shall state, in block letters not less than
5- 6 one-fourth inch in height:
5- 7 'IF YOU LEAVE A LOADED FIREARM WITHIN THE REACH OR EASY
5- 8 ACCESS OF A MINOR, YOU MAY BE FINED OR IMPRISONED, OR
5- 9 BOTH, IF THE MINOR GAINS ACCESS TO AND IMPROPERLY USES
5-10 THE FIREARM.'
5-11 (b) Any retail or wholesale store, shop, or sales outlet
5-12 which sells firearms shall conspicuously post within the
5-13 premises the following warning in block letters not less
5-14 than three inches in height:
5-15 'IF YOU LEAVE A LOADED FIREARM WITHIN THE REACH OR EASY
5-16 ACCESS OF A MINOR, YOU MAY BE FINED OR IMPRISONED, OR
5-17 BOTH, IF THE MINOR GAINS ACCESS TO AND IMPROPERLY USES
5-18 THE FIREARM.'"
SECTION 2.
5-19 At the next general election following enactment of this
5-20 Act, this Act shall be submitted to the electors of this
5-21 state for approval or rejection. The ballot shall have
5-22 written or printed thereon the words:
5-23 "( ) YES Shall the Act be approved which provides for
5-24 criminal liability for the unsafe storage of
5-25 ( ) NO a loaded firearm within reach of a minor if
5-26 the minor gains access to and improperly
5-27 uses the firearm?"
5-28 All persons desiring to vote for approval of the Act shall
5-29 vote "Yes," and those persons desiring to vote for rejection
5-30 of the Act shall vote "No." If more than one-half of the
5-31 votes cast on such question are for approval of the Act, it
5-32 shall become of full force and effect immediately. If the
5-33 Act is not so approved or if the election is not conducted
5-34 as provided in this section, the remaining sections of this
5-35 Act shall not become effective and this Act shall be
5-36 automatically repealed immediately following that election
5-37 date.
SECTION 3.
5-38 All laws and parts of laws in conflict with this Act are
5-39 repealed.
S. B. 72
-5- (Index)
Office of the Secretary of the Senate
Frank Eldridge, Jr., Secretary of the Senate
Last Updated on 01/02/97