07 LC 29
2480
House
Bill 6
By:
Representatives Franklin of the
43rd
and Reese of the
98th
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
prohibit certain confiscation or registration of legally owned and carried
firearms during certain emergency conditions; to provide for exceptions; to
provide for civil penalties; 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 Governor´s emergency powers with respect to firearms; to provide
for related matters; 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 revised 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)
No officer or employee of the state or any political subdivision thereof, member
of the National Guard in the service of the state, or any person operating
pursuant to or under color of state law, receiving state funds, under control of
any official of the state or political subdivision thereof, or providing
services to such officer, employee, or other person, while acting during a
declared official state of emergency, may:
(1)
Temporarily or permanently seize, or authorize seizure of, any firearm the
possession of which is not prohibited under Article 4 of Chapter 11 of this
title, other than as evidence in a criminal investigation;
(2)
Require registration of any firearm for which registration is not required by
Article 4 of Chapter 11 of this title;
(3)
Prohibit possession of any firearm, or promulgate any rule, regulation, or order
prohibiting possession of any firearm, in any place or by any person where such
possession is not otherwise prohibited by Article 4 of Chapter 11 of this title;
or
(4)
Prohibit the carrying of firearms by any person otherwise authorized to carry
firearms under Article 4 of Chapter 11 of this title, solely because such person
is operating under the direction, control, or supervision of an agency of the
state or political subdivision thereof during a declared official state of
emergency.
(b)
Any individual aggrieved by a violation of this Code section may seek in the
courts of this state relief in an action at law or in equity or other proper
proceeding for redress against any person who subjects such individual, or
causes such individual to be subjected, to the deprivation of any of the rights,
privileges, or immunities provided by this Code section.
(c)
In addition to any other remedy at law or in equity, an individual aggrieved by
the seizure or confiscation of a firearm in violation of this Code section may
bring an action for return of such firearm in the superior court of the county
in which that individual resides or in which such firearm is located. In any
action or proceeding to enforce this Code section, the court shall award the
prevailing party, other than the state or political subdivision thereof,
reasonable attorneys´ fees."
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 revising paragraph (8) of
subsection (d) as follows:
"(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.