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O.C.G.A. § 16-11-113 — Offense of transferring firearm to individual other than actual buyer; penalty | Georgia Code
O.C.G.A. § 16-11-113 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 16 CRIMES AND OFFENSES

Section 11. Offenses Against Public Order and Safety, 16-11-1 through 16-11-224.

ARTICLE 4 DANGEROUS INSTRUMENTALITIES AND PRACTICES

16-11-113. Offense of transferring firearm to individual other than actual buyer; penalty.

  1. Any person who knowingly attempts to solicit, persuade, encourage, or entice any dealer to transfer or otherwise convey a firearm to an individual who is not the actual buyer, to an individual who is on probation as a felony first offender pursuant to Article 3 of Chapter 8 of Title 42, to an individual who is on probation and sentenced for a felony under subsection (a) or (c) of Code Section 16-13-2, or to an individual who has been convicted of a felony by a court of this state or any other state, as well as any other person who willfully and intentionally aids or abets such person, shall be guilty of a felony and upon conviction shall be punished by imprisonment for not less than one year nor more than five years; provided, however, that upon a second or subsequent conviction, by imprisonment for not less than five nor more than ten years.
    1. Any person who knowingly and intentionally provides a firearm to any other person who is on probation as a felony first offender pursuant to Article 3 of Chapter 8 of Title 42 or to any person who has been convicted of a felony by a court of this state or any other state shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than five years; provided, however, that upon a second or subsequent conviction, such person shall be punished by imprisonment for not less than five nor more than ten years.
    2. Nothing in this subsection shall be construed as requiring a provider of a firearm to affirmatively confirm that a person to whom a firearm is provided is not a felony first offender or a person who has been convicted of a felony.
    3. This subsection shall not apply to any person providing a firearm to any other person who has been:
      1. Pardoned for the felony by the President of the United States, the State Board of Pardons and Paroles, or the person or agency empowered to grant pardons under the constitutions or laws of any other state of the United States or of a foreign nation and, by the terms of the pardon, has expressly been authorized to receive, possess, or transport a firearm; or
      2. Otherwise granted relief from the disabilities of Code Section 16-11-131 pursuant to subsections (c) and (d) of such Code section.
  3. This Code section shall not apply to a federal law enforcement officer or a peace officer, as defined in Code Section 16-1-3, in the performance of his or her official duties or other person under such officer's direct supervision.

(Code 1981, §16-11-113, enacted by Ga. L. 2008, p. 1199, § 2/HB 89; Ga. L. 2018, p. 540, § 1/HB 657; Ga. L. 2018, p. 550, § 4-3/SB 407.)

The 2018 amendments. The first 2018 amendment, effective July 1, 2018, designated the existing provisions as subsections (a) and (c); added "and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than five years" at the end of subsection (a); and added subsection (b). The second 2018 amendment, effective July 1, 2018, added subsection designations; in subsection (a), inserted "knowingly", substituted "to an individual who is not" for "other than to", inserted ", to an individual who is on probation as a felony first offender pursuant to Article 3 of Chapter 8 of Title 42, to an individual who is on probation and sentenced for a felony under subsection (a) or (c) of Code Section 16-13-2, or to an individual who has been convicted of a felony by a court of this state or any other state", and added "and upon conviction shall be punished by imprisonment for not less than one year nor more than five years; provided, however, that upon a second or subsequent conviction, by imprisonment for not less than five nor more than ten years" at the end.

Cross references.

- Firearms dealers, T. 43, C. 16.

Editor's notes.

- Ga. L. 2008, p. 1199, § 1/HB 89, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Business Security and Employee Privacy Act.'"

Law reviews.

- For article, "Georgia's 'Bring Your Gun to Work' Law May Not Have the Firepower to Trouble Georgia Employers After All," see 14 (No. 7) Ga. St. B.J. 12 (2009).

PART 2 P OSSESSION OF DANGEROUS WEAPONS

Cross references.

- Legal weapons for hunting wildlife generally, § 27-3-4.

JUDICIAL DECISIONS

Firearms and Weapons Act does not violate Georgia Constitution.

- Georgia Firearms and Weapons Act (see now O.C.G.A. Pt. 2, Ch. 11, T. 16) does not violate Ga. Const. 1976, Art. I, Sec. I, Para. V (see now Ga. Const. 1983, Art. I, Sec. I, Para. V), which provides for right of people to keep and bear arms. Carson v. State, 241 Ga. 622, 247 S.E.2d 68 (1978).

Georgia Firearms and Weapons Act (see now O.C.G.A. Pt. 2, Ch. 11, T. 16) constitutes a legitimate exercise of police power. Carson v. State, 241 Ga. 622, 247 S.E.2d 68 (1978).

RESEARCH REFERENCES

ALR.

- Firearm used as a bludgeon as a deadly weapon, 8 A.L.R. 1319.

Fact that gun was unloaded as affecting criminal responsibility, 68 A.L.R.4th 507.

Fact that gun was broken, dismantled, or inoperable as affecting criminal responsibility under weapons statute, 81 A.L.R.4th 745.

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