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HB 0731 - Crimes and offenses; certain assault weapons; prohibit possession and sale

Tracking Level: Monitor
Sponsor: Oliver, Mary Margaret 82nd (D)
Last Action: 1/13/2016 - House Second Readers
House Committee: PS&HS
Assigned To:
05. Superior CourtsNext Bill
06. State CourtsNext Bill
Criminal Next Bill

Staff Analysis of the Legislation

            HB 731 seeks to amend Article 4 of Chapter 11 of Title 16 of the O.C.G.A. relating to dangerous instrumentalities and practices. It aims to prohibit the sale and use of certain assault weapons and other high-capacity arms.

              Individuals who distribute, transport, or import such weapons into the state shall be guilty of a felony and shall be punished with 2-10 years imprisonment. The transference of such weapons to a person under the age of 18 is also a felony to be punished by imprisonment of 6-10 years. The acquisition or possession of such weapon is a felony and shall be punished by imprisonment for 1-3 years. Any individual who uses such weapon in the execution of a felony or represents that he or she is armed during such felony shall be guilty of a felony and shall be imprisoned between 8-10 years.

              Stipulations for “large capacity magazines” are delineated in 16-11-116. Subsequent code sections make similar arrangements for varying forms of weaponry. 

              In the case of a theft of a lawfully possessed assault weapon, the owner shall report such loss or theft to the Georgia Bureau of Investigation within 72 hours of the discovery of the loss. Failure shall result in a fine of not more than $90 for the first offense and shall be guilty for any subsequent offense.

              Code Section 16-11-119.2 delineates individuals who do not apply to the stipulations within this part.

              Stipulations and restrictions for the use of machine guns is delineated. 


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