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Code Sections

  Table of Contents
  1-2-6
  8-3-202
  10-1-100
  10-1-101
  12-3-9
  12-3-10
  12-3-10.1
  12-3-11
  15-9-60
  15-11-601
  16-1-3
  16-1-10
  16-3-1
  16-3-21
  16-3-22
  16-3-23
  16-3-23.1
  16-3-24
  16-3-24.1
  16-3-24.2
  16-11-34.1
  16-11-101
  16-11-101.1
  16-11-102
  16-11-103
  16-11-104
  16-11-105
  16-11-106
  16-11-108
  16-11-109
  16-11-113
  16-11-120
  16-11-121
  16-11-122
  16-11-123
  16-11-124
  16-11-125
  16-11-125.1
  16-11-126
  16-11-127
  16-11-127.1
  16-11-127.2
  16-11-128
  16-11-129
  16-11-130
  16-11-130.1
  16-11-130.2
  16-11-131
  16-11-132
  16-11-133
  16-11-134
  16-11-135
  16-11-136
  16-11-137
  16-11-138
  16-11-150
  16-11-151
  16-11-152
  16-11-160
  16-11-161
  16-11-162
  16-11-171
  16-11-172
  16-11-173
  16-12-122
  16-12-123
  16-12-127
  16-12-128
  16-12-129
  16-13-21
  16-13-25
  16-13-26
  16-13-27
  16-13-27.1
  16-13-28
  16-13-29
  17-5-50
  17-5-51
  17-5-52
  17-5-52.1
  17-5-53
  17-10-3
  21-2-413
  27-1-36
  27-1-38
  27-3-1.1
  27-3-6
  27-3-7
  27-4-11.1
  33-24-30.1
  35-3-34
  38-2-194
  38-2-277
  38-2-301
  38-3-37
  38-3-51
  41-1-9
  42-4-13
  42-5-15
  43-38-10
  50-18-70
  50-18-71
  50-18-72
  50-18-73
  50-18-74
  51-11-9

Weapons Related Georgia Code

Found 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 REGULATIONS

The 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 and other weapons 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 and other weapons to the public is not unreasonably dangerous activity and does not constitute a nuisance per se.

(b) (1) Except as provided in subsection (c) of this Code section, no county or municipal corporation, by zoning or by ordinance or resolution, nor any agency, board, department, commission, or authority of this state, other than the General Assembly, by rule or regulation shall regulate in any manner:

      (A) Gun shows;

      (B) The possession, ownership, transport, carrying, transfer, sale, purchase, licensing, or registration of firearms or other weapons or components of firearms or other weapons;

      (C) Firearms dealers or dealers of other weapons; or

      (D) Dealers in components of firearms or other weapons.

   (2) The authority to bring suit and right to recover against any weapons, 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 weapons, 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 weapons, firearms, or ammunition manufacturer or dealer for breach of contract or express warranty as to weapons, firearms, or ammunition purchased by the political subdivision or local government authority.

(c) (1) 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; provided, however, that the sheriff or chief of police shall be solely responsible for regulating and determining the possession, carrying, and transportation of firearms and other weapons by employees under his or her respective supervision so long as such regulations comport with state and federal law.

   (2) The commanding officer of any law enforcement agency shall regulate and determine the possession, carrying, and transportation of firearms and other weapons by employees under his or her supervision so long as such regulations comport with state and federal law.

   (3) The district attorney, and the solicitor-general in counties where there is a state court, shall regulate and determine the possession, carrying, and transportation of firearms and other weapons by county employees under his or her supervision so long as such regulations comport with state and federal law.

(d) Nothing contained in this Code section shall prohibit municipalities or counties, by ordinance or resolution, 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 or resolution, from reasonably limiting or prohibiting the discharge of firearms within the boundaries of the municipal corporation or county.

(f) As used in this Code section, the term "weapon" shall have the same meaning as set forth in Code Section 16-11-127.1.

(g) Any person aggrieved as a result of a violation of this Code section may bring an action against the person who caused such aggrievement. The aggrieved person shall be entitled to reasonable attorney's fees and expenses of litigation and may recover or obtain against the person who caused such damages any of the following:

   (1) Actual damages or $100.00, whichever is greater;

   (2) Equitable relief, including, but not limited to, an injunction or restitution of money and property; and

   (3) Any other relief which the court deems proper.


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; Ga. L. 2014, p. 599, 1-11/HB 60.

GeorgiaPacking Notes: None

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