Bill Text: GA HB1238 | 2009-2010 | Regular Session | Introduced
Bill Title: Georgia Firearms Freedom Act; enact
Spectrum: Partisan Bill (Republican 6-0)
Status: (Introduced - Dead) 2010-03-08 - House Second Readers [HB1238 Detail]
Download: Georgia-2009-HB1238-Introduced.html
10 LC
21 0501
House
Bill 1238
By:
Representatives Jerguson of the
22nd,
Hill of the
21st,
Austin of the
10th,
Allison of the
8th,
Horne of the
71st,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia
Annotated, relating to dangerous instrumentalities and practices, so as to
provide a short title; to provide a legislative declaration of authority; to
define certain terms; to provide that a firearm manufactured and located in
Georgia shall not be subject to federal law or regulations; to provide for
exceptions; to provide for marking firearms manufactured in Georgia; to provide
for applicability; 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 and practices, is amended by adding a new part to
read as follows:
"Part
6
16-11-180.
This
part shall be known and may be cited as the 'Georgia Firearms Freedom
Act.'
16-11-181.
The
General Assembly declares that the authority for this part derives from the
following:
(1)
The Tenth Amendment to the United States Constitution, which guarantees to the
states and their people all powers not granted to the federal government
elsewhere in the Constitution and reserves to the state and people of Georgia
certain powers as they were understood at the time that the citizens of Georgia
ratified the Constitution. The guaranty of those powers is a matter of contract
between the state and people of Georgia and the United States as of the time
that the compact with the United States was agreed upon and adopted by the 13
original states of these United States;
(2)
The Ninth Amendment to the United States Constitution, which guarantees to the
people rights not granted in the Constitution and reserves to the people of
Georgia certain rights as they were understood at the time the union of states
was formed. The guaranty of those rights is a matter of contract between the
state and people of Georgia and the United States as of the time that the
compact with the United States was agreed upon and adopted by the 13 original
states of these United States;
(3)
The regulation of intrastate commerce vested in the states under the Ninth and
Tenth Amendments to the United States Constitution, particularly if not
expressly preempted by federal law. Congress has not expressly preempted state
regulation of intrastate commerce pertaining to the manufacture on an intrastate
basis of firearms, firearms accessories, and ammunition;
(4)
The Second Amendment to the United States Constitution, which reserves to the
people the right to keep and bear arms as that right was understood at the time
that the union of states was formed, and the guaranty of the right is a matter
of contract between the state and people of Georgia and the United States as of
the time that the compact with the United States was agreed upon and adopted by
the 13 original states of these United States; and
(5)
Article I, Section I, Paragraph VII of the Constitution of Georgia, which
clearly secures to Georgia citizens, and prohibits government interference with,
the right of individual Georgia citizens to keep and bear arms.
16-11-182.
As
used in this part, the term:
(1)
'Borders of Georgia' means the boundaries of Georgia as deduced from the
Constitution of Georgia, the Convention of Beaufort, the Articles of Cession and
Agreement with the United States of America entered into on April 24, 1802, the
Resolution of the General Assembly dated December 8, 1826, and the adjudications
and compromises affecting Alabama, Florida, and South Carolina and are as
described in Code Section 50-2-1.
(2)
'Firearms accessories' means items that are used in conjunction with or mounted
upon a firearm but are not essential to the basic function of a firearm,
including but not limited to telescopic or laser sights, magazines, flash or
sound suppressors, folding or aftermarket stocks and grips, speedloaders,
ammunition carriers, and lights for target illumination.
(3)
'Generic and insignificant parts' includes but is not limited to springs,
screws, nuts, and pins.
(4)
'Manufactured' means that a firearm, a firearm accessory, or ammunition has been
created from basic materials for functional usefulness, including but not
limited to forging, casting, machining, or other processes for working
materials.
16-11-183.
A
personal firearm, a firearm accessory, or ammunition that is manufactured
commercially or privately in Georgia and that remains within the borders of
Georgia shall not be subject to federal law or federal regulation, including
registration, under the authority of Congress to regulate interstate commerce.
Such items shall not be deemed to have not traveled in interstate commerce.
This part shall apply to a firearm, a firearm accessory, or ammunition that is
manufactured in Georgia from basic materials and that can be manufactured
without the inclusion of any significant parts imported from another state.
Generic and insignificant parts that have other manufacturing or consumer
product applications are not firearms, firearms accessories, or ammunition, and
their importation into Georgia and incorporation into a firearm, a firearm
accessory, or ammunition manufactured in Georgia shall not subject the firearm,
firearm accessory, or ammunition to federal regulation. It is declared by the
legislature that basic materials, such as unmachined steel and unshaped wood,
are not firearms, firearms accessories, or ammunition and are not subject to
congressional authority to regulate firearms, firearms accessories, and
ammunition under interstate commerce as if they were actually firearms, firearms
accessories, or ammunition. The authority of Congress to regulate interstate
commerce in basic materials shall not include authority to regulate firearms,
firearms accessories, and ammunition made in Geogia from those materials.
Firearms accessories that are imported into Georgia from another state and
subject to federal regulation as being in interstate commerce shall not subject
a firearm to federal regulation under interstate commerce because they are
attached to or used in conjunction with a firearm in Georgia.
16-11-184.
This
part shall not apply to:
(1)
A firearm that cannot be carried and used by one person;
(2)
A firearm that has a bore diameter greater than 1 1/2 inches and uses smokeless
powder, not black powder, as a propellant;
(3)
Ammunition with a projectile that explodes using an explosion of chemical energy
after the projectile leaves the firearm; or
(4)
A firearm that discharges two or more projectiles with one activation of the
trigger or other firing device.
16-11-185.
A
firearm manufactured or sold in Georgia under this part shall have the words
'Made in Georgia' clearly stamped on a central metallic part, such as the
receiver or frame.
16-11-186.
The
provisions of this part shall apply to firearms, firearms accessories, and
ammunition that are manufactured and retained in Georgia after July 1,
2010."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.