Weapons Related Georgia CodeFound In LexisNexis by searching for "16-11-173" or in the TOC under:
Title 16 - CRIMES AND OFFENSES
Chapter 11 - OFFENSES AGAINST PUBLIC ORDER AND SAFETY
Article 4 - DANGEROUS INSTRUMENTALITIES AND PRACTICES
Part 5 - BRADY LAW REGULATIONSThe code sections are all Copyright © 2012 by The State of Georgia
O.C.G.A. § 16-11-173
Legislative findings; preemption of local regulation and lawsuits; exceptions (a)(1) It is declared by the General Assembly that the regulation of
firearms is properly an issue of general, state-wide concern.
(2) The General Assembly further declares that the lawful
design, marketing, manufacture, and sale of firearms and ammunition to the
public is not unreasonably dangerous activity and does not constitute a nuisance
per se.
(b)(1) No county or municipal corporation, by zoning or
by ordinance, resolution, or other enactment, shall regulate in any manner gun
shows; the possession, ownership, transport, carrying, transfer, sale, purchase,
licensing, or registration of firearms or components of firearms; firearms
dealers; or dealers in firearms components.
(2) The authority to bring suit and right to recover
against any firearms or ammunition manufacturer, trade association, or dealer by
or on behalf of any governmental unit created by or pursuant to an Act of the
General Assembly or the Constitution, or any department, agency, or authority
thereof, for damages, abatement, or injunctive relief resulting from or relating
to the lawful design, manufacture, marketing, or sale of firearms or ammunition
to the public shall be reserved exclusively to the state. This paragraph shall
not prohibit a political subdivision or local government authority from bringing
an action against a firearms or ammunition manufacturer or dealer for breach of
contract or express warranty as to firearms or ammunition purchased by the
political subdivision or local government authority.
(c) A county or municipal corporation may regulate the transport, carrying,
or possession of firearms by employees of the local unit of government in the
course of their employment with such local unit of government.
(d) Nothing contained in this Code section shall prohibit municipalities or
counties, by ordinance, resolution, or other enactment, from requiring the
ownership of guns by heads of households within the political subdivision.
(e) Nothing contained in this Code section shall prohibit municipalities or
counties, by ordinance, resolution, or other enactment, from reasonably limiting
or prohibiting the discharge of firearms within the boundaries of the municipal
corporation or county.
HISTORY: Code 1981, § 16-11-173, enacted by Ga. L. 1995, p. 139, § 2; Ga. L. 2005, p. 613, § 1/SB 175; Ga. L. 2011, p. 752, § 16/HB 142. |
