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HB 189 - Firearms; certain civil actions; reserve right to state

Jenkins, Curtis S (110th)	Smith, Larry (109th)	Twiggs, Ralph (8th)
Walker, Larry (141st)	Day, Burke (153rd)	Lane, Robert (146th)

Status Summary	HC:	PubS	SC:	Pub S	FR:	01/25/99	LA:	02/09/99	Signed by Governor

First Reader Summary

A BILL to amend Code Section 16-11-184 of the Official Code of Georgia Annotated, relating to regulatory authority of local political subdivisions over firearms and limitations thereon, so as to reserve to the state the right to bring certain civil actions against firearms manufacturers, trade associations, and dealers; and for other purposes.

HB 189                                              HB 189/AP 
 
      H. B. No. 189 (AS PASSED HOUSE AND SENATE) 
      By:  Representatives Jenkins of the 110th, Smith of the 
      109th, Twiggs of the 8th, Walker of the 141st, Day of the 
      153rd and others 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Code Section 16-11-184 of the Official Code of 
  1- 2  Georgia Annotated, relating to regulatory authority of local 
  1- 3  political subdivisions over firearms and limitations 
  1- 4  thereon, so as to reserve to the state the right to bring 
  1- 5  certain civil actions against firearms or ammunition 
  1- 6  manufacturers, trade associations, and dealers; to provide 
  1- 7  legislative declarations; to provide for legislative intent; 
  1- 8  to provide for applicability; to provide an effective date; 
  1- 9  to repeal conflicting laws; and for other purposes. 
 
  1-10       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-11                           SECTION 1. 
 
  1-12  Code Section 16-11-184 of the Official Code of Georgia 
  1-13  Annotated, relating to regulatory authority of local 
  1-14  political subdivisions over firearms and limitations 
  1-15  thereon, is amended by striking subsections (a) and (b) and 
  1-16  inserting in lieu thereof the following: 
 
  1-17      "(a)(1) It is declared by the General Assembly that the 
  1-18      regulation of firearms is properly an issue of general, 
  1-19      state-wide concern. 
 
  1-20      (2) The General Assembly further declares that the 
  1-21      lawful design, marketing, manufacture, or sale of 
  1-22      firearms or ammunition to the public is not unreasonably 
  1-23      dangerous activity and does not constitute a nuisance 
  1-24      per se. 
 
  1-25      (b)(1) No county or municipal corporation, by zoning or 
  1-26      by ordinance, resolution, or other enactment, shall 
  1-27      regulate in any manner gun shows, the possession, 
  1-28      ownership, transport, carrying, transfer, sale, 
  1-29      purchase, licensing, or registration of firearms, 
  1-30      components of firearms, firearms dealers, or dealers in 
  1-31      firearms components. 
 
  1-32      (2) The authority to bring suit and right to recover 
  1-33      against any firearms or ammunition manufacturer, trade 
 
 
 
                                 -1- 
 
 
 
  2- 1      association, or dealer by or on behalf of any 
  2- 2      governmental unit created by or pursuant to an Act of 
  2- 3      the General Assembly or the Constitution, or any 
  2- 4      department, agency, or authority thereof, for damages, 
  2- 5      abatement, or injunctive relief resulting from or 
  2- 6      relating to the lawful design, manufacture, marketing, 
  2- 7      or sale of firearms or ammunition to the public shall be 
  2- 8      reserved exclusively to the state.  This paragraph shall 
  2- 9      not prohibit a political subdivision or local government 
  2-10      authority from bringing an action against a firearms or 
  2-11      ammunition manufacturer or dealer for breach of contract 
  2-12      or warranty as to firearms or ammunition purchased by 
  2-13      the political subdivision or local government 
  2-14      authority." 
 
  2-15                           SECTION 2. 
 
  2-16  The General Assembly intends that paragraph (2) of 
  2-17  subsection (a) of Code Section 16-11-184 as enacted by this 
  2-18  Act shall embrace the rule of law in Division 1 of Rhodes v. 
  2-19  R. G. Industries, Inc., 173 Ga. App. 51 (1984). 
 
  2-20                           SECTION 3. 
 
  2-21  This Act shall apply to any action pending on or brought on 
  2-22  or after the date this Act becomes effective. 
 
  2-23                           SECTION 4. 
 
  2-24  This Act shall become effective upon its approval by the 
  2-25  Governor or upon its becoming law without such approval. 
 
  2-26                           SECTION 5. 
 
  2-27  All laws and parts of laws in conflict with this Act are 
  2-28  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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