Bill Text: GA HB1310 | 2011-2012 | Regular Session | Introduced

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Bill Title: Crimes and offenses; sale of handguns; regulate

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2012-03-29 - House Hopper [HB1310 Detail]

Download: Georgia-2011-HB1310-Introduced.html

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12 LC 36 1998

House Bill 1310

By: Representatives Taylor of the 55th, Benfield of the 85th, Morgan of the 39th, Waites of the 60th, Scott of the 76th, and others

A BILL TO BE ENTITLED
AN ACT

To amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities, so as to regulate the sale of handguns; to provide for definitions; to prohibit any person who is not a licensed dealer to purchase more than one handgun within any 30 day period; to require a background check; to provide for collection of fees; to provide for the promulgation of rules and regulations; to provide for criminal penalties; to provide for exceptions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities, is amended by adding a new part to read as follows:

"Part 5A

16-11-190.

(a) As used in this Code section, the term:

(1) 'Actual buyer' means a buyer who executes the consent form required in subsection (b) or the enhanced background check application pursuant to paragraph (2) of subsection (i) of this Code section or other such handgun transaction records as may be required by federal law.

(2) 'Buyer' means a person who is a prospective purchaser, renter, trader, or transferor of a handgun to a dealer.

(3) 'Dealer' means any person licensed as a dealer pursuant to 18 U.S.C. Section 921, et seq., or Chapter 16 of Title 43.

(4) 'Dealer's next business day' shall not include December 25.

(5) 'Handgun' means a firearm of any description, loaded or unloaded, from which any shot, bullet, or other missile can be discharged by an action of an explosive, where the length of the barrel, not including any revolving, detachable, or magazine breech, does not exceed 12 inches; provided, however, that the term 'handgun' shall not include a gun which discharges a single shot of .46 centimeters or less in diameter.

(6) 'Lawfully admitted for permanent residence' means the status of having been lawfully accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws.

(7) 'Person' means any individual, partnership, company, association, or corporation.

(b) Any person purchasing, renting, trading, or transferring a handgun from a dealer shall consent in writing, on a form to be provided by the Georgia Bureau of Investigation, to have the dealer obtain a fingerprint based criminal history records check from the Georgia Crime Information Center and the Federal Bureau of Investigation. Such form shall include the buyer's written consent; the buyer's name, birth date, gender, race, citizenship, and social security number or any other identification number; the number of handguns the buyer intends to purchase, rent, trade, or transfer; and answers to the following questions:

(1) Has the buyer been convicted of a felony offense or found guilty or adjudicated delinquent as a juvenile 14 years of age or older at the time of the offense of a delinquent act that would be a felony if committed by an adult;

(2) Is the buyer subject to a court order restraining the applicant from harassing, stalking, or threatening the applicant's child, spouse, or former spouse or a child of such spouse of former spouse, or is the applicant subject to a protective order; and

(3) Has the buyer ever been acquitted by reason of insanity and prohibited from purchasing, possessing, or transporting a firearm in any jurisdiction, been adjudicated legally incompetent, mentally incapacitated, or adjudicated an incapacitated person and prohibited from purchasing a firearm in any jurisdiction, or been involuntarily admitted to an inpatient facility or involuntarily ordered to outpatient mental health treatment and prohibited from purchasing a firearm in any jurisdiction?

(c)(1)(A) No dealer shall sell, rent, trade, or transfer from his or her inventory any firearm to any other person who is a resident of Georgia until the dealer has:

(i) Obtained from such other person written consent and the other information on the consent form specified in subsection (b) of this Code section;

(ii) Provided the Georgia Bureau of Investigation with the name, birth date, gender, race, citizenship, and social security or any other identification number of such other person and the number of handguns intended to be sold, rented, traded, or transferred; and

(iii) Requested the criminal history record information of such other person by a telephone call to or other communication authorized by the Georgia Bureau of Investigation and is authorized pursuant to subsection (d) of this Code section to complete the sale or other such transfer.

(B) To establish personal identification and residence in Georgia for purposes of this paragraph, a dealer shall require any buyer to present one form of photo identification issued by a governmental agency of the state, or by the United States Department of Defense, and other documentation of residence. Except where the photo identification was issued by the United States Department of Defense, the other documentation of residence shall show an address identical to that shown on the photo identification, such as evidence of currently paid personal property tax or real estate tax, a current lease, utility, or telephone bill, voter registration card, bank check, passport, automobile registration, or hunting or fishing license; other current identification allowed as evidence of residency by Part 178.124 of Title 27 of the Code of Federal Regulations and ATF Ruling 2001-5; or other documentation of residence determined to be acceptable by the Georgia Bureau of Investigation, that corroborates that the buyer currently resides in Georgia. Where the photo identification was issued by the United States Department of Defense, permanent orders assigning the buyer to a duty post in Georgia shall be the only other required documentation of residence. For the purposes of this subparagraph and establishment of residency for a handgun purchase, residency shall be deemed to be the permanent duty post of a member of the armed forces. When the photo identification presented to a dealer by the buyer is a driver's license or other photo identification issued by the Department of Driver Services, and such identification contains a date of issue, the dealer shall not, except for a renewed driver's license or other photo identification issued by the Department of Driver Services, sell or otherwise transfer a firearm to the buyer until 30 days after the date of issue of an original or duplicate driver's license unless the prospective purchaser also presents a copy of his or her Georgia Department of Driver Services driver's record showing that the original date of issue of the driver's license was more than 30 days prior to the attempted purchase.

(2) No dealer shall sell, rent, trade, or transfer from his or her inventory any handgun to any person who is not a citizen of the United States or who is not a person lawfully admitted for permanent residence. To establish citizenship or lawful admission for permanent residence for purposes of purchasing a handgun, a dealer shall require a buyer to present a certified birth certificate or a certificate of birth abroad issued by the United States State Department, a certificate of citizenship or a certificate of naturalization issued by the United States Citizenship and Immigration Services, an unexpired United States passport, a United States citizen identification card, a current voter registration card, a current selective service registration card, or an immigrant visa or other documentation of status as a person lawfully admitted for permanent residence issued by the United States Citizenship and Immigration Services.

(d)(1) Upon receipt of the request for a criminal history record information check, the Georgia Bureau of Investigation shall:

(A) Review its criminal history record information to determine if the buyer is prohibited from possessing or transporting a firearm by state or federal law;

(B) Inform the dealer if its record indicates that the buyer is so prohibited; and

(C) Provide the dealer with a unique reference number for that inquiry.

(2) The Georgia Bureau of Investigation shall provide its response to the requesting dealer during the dealer's request, or by return call without delay. If the criminal history record information check indicates the buyer has a disqualifying criminal record or has been acquitted by reason of insanity and committed to a state mental health facility, the Georgia Bureau of Investigation shall have until the end of the dealer's next business day to advise the dealer if its records indicate the buyer is prohibited from possessing or transporting a firearm by state or federal law. If not so advised by the end of the dealer's next business day, a dealer who has fulfilled the requirements of subsection (c) of this Code section may immediately complete the sale or transfer and shall not be deemed in violation of this Code section with respect to such sale or transfer. In case of electronic failure or other circumstances beyond the control of the Georgia Bureau of Investigation, the dealer shall be advised immediately of the reason for such delay and given an estimate of the length of such delay. After such notification, the Georgia Bureau of Investigation shall, as soon as possible but in no event later than the end of the dealer's next business day, inform the requesting dealer if its records indicate the buyer is prohibited from possessing or transporting a firearm by state or federal law. A dealer who fulfills the requirements of subsection (c) of this Code section and is told by the Georgia Bureau of Investigation that a response will not be available by the end of the dealer's next business day may immediately complete the sale or transfer and shall not be deemed in violation of this Code section with respect to such sale or transfer.

(3) The Georgia Bureau of Investigation shall not maintain records generated pursuant to this Code section for longer than 30 days, except for multiple handgun transactions for which records shall be maintained for 12 months, from any dealer's request for a criminal history record information check pertaining to a buyer who is not found to be prohibited from possessing and transporting a handgun under state or federal law; provided, however, that the log on requests made may be maintained for a period of 12 months, and such log shall consist of the name of the buyer, the dealer identification number, the unique approval number, and the transaction date.

(e) On the last day of the week following the sale or transfer of any handgun, the dealer shall mail or deliver the written consent form required by subsection (b) of this Code section to the Georgia Bureau of Investigation. The Georgia Bureau of Investigation shall immediately initiate a search of all available criminal history record information to determine if the buyer is prohibited from possessing or transporting a handgun under state or federal law. If the search discloses information indicating that the buyer is so prohibited from possessing or transporting a firearm, the Georgia Bureau of Investigation shall inform the chief law enforcement officer in the jurisdiction where the sale or transfer occurred and the dealer without delay.

(f) If any actual buyer is denied the right to purchase a handgun under this Code section, he or she may exercise his or her right of access to and review the criminal history record information within 30 days of such denial.

(g) The Georgia Bureau of Investigation shall promulgate rules and regulations to ensure the identity, confidentiality, and security of all records and data provided by the Georgia Bureau of Investigation pursuant to this Code section.

(h) All dealers shall collect a fee of $3.00 for every transaction for which a criminal history record information check is required pursuant to this Code section. Such fee shall be transmitted to the Georgia Bureau of Investigation by the last day of the month following the sale.

(i)(1) Except as provided in paragraphs (2), (3), and (4) of this subsection, it shall be unlawful for any person who is not a licensed dealer to purchase more than one handgun within any 30 day period. A violation of this subsection shall be punishable as a misdemeanor of a high and aggravated nature.

(2)(A) Purchases in excess of one handgun within a 30 day period may be made upon completion by the Georgia Bureau of Investigation of an enhanced background check by special application to the Georgia Bureau of Investigation listing the number and type of handguns to be purchased and transferred for lawful business or personal use, in a collector series, for collections, as a bulk purchase from estate sales, and for similar purposes. Such applications shall be signed under oath by the applicant on forms provided by the Georgia Bureau of Investigation, shall state the purpose for the purchase above the limit, and shall require satisfactory proof of residency and identity. Such application shall be in addition to the firearms sales report required by the United States Bureau of Alcohol, Tobacco, and Firearms (ATF). The Georgia Bureau of Investigation shall promulgate rules and regulations for the implementation of an application process for purchases of handguns above the limit.

(B) Upon being satisfied that the requirements of this paragraph have been met, the Georgia Bureau of Investigation shall forthwith issue to the applicant a nontransferable certificate, which shall be valid for seven days from the date of issue. The certificate shall be surrendered to the dealer by the prospective purchaser prior to the consummation of such sale and shall be kept on file at the dealer's place of business for inspection for a period of not less than two years. Upon request of any local law enforcement agency, and pursuant to its regulations, the Georgia Bureau of Investigation may certify such local law enforcement agency to serve as its agent to receive applications and, upon authorization by the Georgia Bureau of Investigation, issue certificates pursuant to this subsection. Applications and certificates issued under this subsection shall be maintained as records as provided in paragraph (3) of subsection (d) of this Code section. The Georgia Bureau of Investigation shall make available to local law enforcement agencies all records concerning certificates issued pursuant to this subparagraph and all records provided for in paragraph (3) of this subsection.

(3) A person whose handgun is stolen or irretrievably lost who deems it essential that such handgun be replaced immediately may purchase another handgun, even if such person has previously purchased a handgun within a 30 day period, provided that:

(A) Such person provides the firearms dealer with a copy of the official police report or a summary thereof, on forms provided by the Georgia Bureau of Investigation, from the law enforcement agency that took the report of the lost or stolen handgun;

(B) The official police report or summary thereof contains the name and address of the handgun owner, the description of the handgun, the location of the loss or theft, the date of the loss or theft, and the date the loss or theft was reported to the law enforcement agency; and

(C) The date of the loss or theft as reflected on the official police report or summary thereof occurred within 30 days of such person's attempt to replace the handgun.

The dealer shall attach a copy of the official police report or summary thereof to the original copy of the Georgia handgun transaction report completed for the transaction and retain it for the period prescribed by the Georgia Bureau of Investigation.

(4) A person who trades in a handgun shall be permitted to make a handgun purchase at the same time as a part of the same transaction, provided that not more than one transaction of this nature shall be completed per day.

(j) Any dealer who willfully and intentionally requests, obtains, or seeks to obtain criminal history record information under false pretenses, or who willfully and intentionally disseminates or seeks to disseminate criminal history record information except as authorized by this Code section, shall be guilty of a misdemeanor of a high and aggravated nature.

(k) Any person willfully and intentionally making a materially false statement on the consent form required in subsection (b) of this Code section or on such handgun transaction records as may be required by federal law shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not less than $1,000.00 nor more than $5,000.00 or by imprisonment for not less than one nor more than three years, or both.

(l) Any dealer who willfully and intentionally sells, rents, trades, or transfers a handgun in violation of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not less than $1,000.00 nor more than $5,000.00 or by imprisonment for not less than one nor more than three years, or both.

(m) Any person who attempts to solicit, persuade, encourage, or entice any dealer to transfer or otherwise convey a handgun other than to the actual buyer, as well as any other person who willfully and intentionally aids or abets such person, shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not less than $1,000.00 nor more than $5,000.00 or by imprisonment for not less than one nor more than three years, or both.

(n) Any person who purchases a handgun with the intent to (i) resell or otherwise provide such handgun to any person who he or she knows or has reason to believe is ineligible to purchase or otherwise receive from a dealer a firearm for whatever reason; or (ii) transport such firearm out of this state to be resold or otherwise provided to another person who the transferor knows is ineligible to purchase or otherwise receive a firearm shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not less than $1,000.00 nor more than $5,000.00 or by imprisonment for not less than one nor more than three years, or both. However, if the violation of this subsection involves a transfer of more than one handgun, the person shall be punished by imprisonment for a mandatory minimum term of five years.

(o) Any person who is ineligible to purchase or otherwise receive or possess a handgun in this state who solicits, employs, or assists any person in violating this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for a mandatory minimum term of five years.

(p) The provisions of this Code section shall not apply to:

(1) Transactions between persons who are licensed as firearms importers or collectors, manufacturers, or dealers pursuant to 18 U.S.C. § 921, et seq.;

(2) Restrict purchase, trade, or transfer of handguns by a resident of Georgia when such resident of Georgia makes such purchase, trade, or transfer in another state, in which case the laws and regulations of that state and the United States governing the purchase, trade, or transfer of firearms shall apply;

(3) The exchange or replacement of a handgun by a dealer for a handgun purchased from such dealer by the same person seeking the exchange or replacement within the 30 day period immediately preceding the date of exchange or replacement;

(4) Peace officers, as such term is defined in paragraph (11) of Code Section 16-1-3, and retired peace officers, so long as they remain certified, whether employed by the state or a political subdivision of the state or another state or a political subdivision of another state, but only if such other state provides a similar privilege for the peace officers of this state;

(5) Wardens, superintendents, and keepers of correctional institutions, jails, or other institutions for the detention of persons accused or convicted of an offense;

(6) Persons in the military service of this state or of the United States;

(7) Persons employed in fulfilling defense contracts with the government of the United States or agencies thereof when possession of the handgun is necessary for manufacture, transport, installation, and testing under the requirements of such contract;

(8) District attorneys, investigators employed by and assigned to a district attorney's office, assistant district attorneys, attorneys or investigators employed by the Prosecuting Attorneys' Council of the State of Georgia, and any retired district attorney, assistant district attorney, district attorney's investigator, or attorney or investigator retired from the Prosecuting Attorneys' Council of the State of Georgia, if such retiree is retired in good standing and is receiving benefits under Title 47 or is retired in good standing and receiving benefits from a county or municipal retirement system;

(9) State court solicitors-general; investigators employed by and assigned to the office of a state court solicitors general; assistant state court solicitors-general; the corresponding personnel of any municipal court expressly continued in existence as a municipal court pursuant to Article VI, Section X, Paragraph I, subparagraph (5) of the Constitution; and the corresponding personnel of any civil court expressly continued as a civil court pursuant to said subparagraph of the Constitution;

(10) The Attorney General;

(11) Public safety directors of municipal corporations;

(12) State and federal trial and appellate judges, full-time and permanent part-time judges of municipal and city courts, and former state trial and appellate judges retired from their respective offices under state retirement;

(13) United States attorneys and assistant United States attorneys;

(14) County medical examiners and coroners and their sworn officers employed by county government;

(15) Constables employed by a magistrate court of this state;

(16) Any sheriff, retired sheriff, deputy sheriff, or retired deputy sheriff if such retired sheriff or deputy sheriff is eligible to receive or is receiving benefits under the Peace Officers' Annuity and Benefit Fund provided under Chapter 17 of Title 47, the Sheriffs' Retirement Fund of Georgia provided under Chapter 16 of Title 47, or any other public retirement system established under the laws of this state for service as a law enforcement officer;

(17) Any member of the Georgia State Patrol or agent of the Georgia Bureau of Investigation or retired member of the Georgia State Patrol or agent of the Georgia Bureau of Investigation if such retired member or agent is receiving benefits under the Employees' Retirement System of Georgia;

(18) Any full-time law enforcement chief executive engaging in the management of a county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university law enforcement chief executive that is registered or certified by the Georgia Peace Officer Standards and Training Council; or any retired law enforcement chief executive that formerly managed a county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university law enforcement chief executive that was registered or certified at the time of his or her retirement by the Georgia Peace Officer Standards and Training Council, if such retired law enforcement chief executive is receiving benefits under the Peace Officers' Annuity and Benefit Fund provided under Chapter 17 of Title 47 or is retired in good standing and receiving benefits from a county, municipal, State of Georgia, state authority, or federal retirement system; or

(19) Any police officer of any county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university police officer that is registered or certified by the Georgia Peace Officer Standards and Training Council, or retired police officer of any county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university police officer that was registered or certified at the time of his or her retirement by the Georgia Peace Officer Standards and Training Council, if such retired employee is receiving benefits under the Peace Officers' Annuity and Benefit Fund provided under Chapter 17 of Title 47 or is retired in good standing and receiving benefits from a county, municipal, State of Georgia, state authority, or federal retirement system."

SECTION 2.

This Act shall become effective on January 1, 2013.

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.