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2018 Georgia Code 16-11-173 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 16-11-173 Case Law from Google Scholar Amendments to OCGA 16-11-173

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

16-11-173. Legislative findings; preemption of local regulation and lawsuits; exceptions.

    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.
    1. Except as provided in subsection (c) of this Code section, no county or municipal corporation, by zoning, by ordinance or resolution, or by any other means, nor any agency, board, department, commission, political subdivision, school district, or authority of this state, other than the General Assembly, by rule or regulation or by any other means shall regulate in any manner:
      1. Gun shows;
      2. The possession, ownership, transport, carrying, transfer, sale, purchase, licensing, or registration of firearms or other weapons or components of firearms or other weapons;
      3. Firearms dealers or dealers of other weapons; or
      4. 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.
    1. A county or municipal corporation may regulate the transport, carrying, or possession of firearms by employees of the local unit of government, or by unpaid volunteers of such local unit of government, in the course of their employment or volunteer functions 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.
  4. 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.
  5. 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.
  6. As used in this Code section, the term "weapon" means any device designed or intended to be used, or capable of being used, for offense or defense, including but not limited to firearms, bladed devices, clubs, electric stun devices, and defense sprays.
  7. 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.

(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; Ga. L. 2015, p. 805, § 9/HB 492.)

Editor's notes.

- Ga. L. 2014, p. 599, § 1-1/HB 60, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Safe Carry Protection Act.'"

Law reviews.

- For survey article on local government law, see 60 Mercer L. Rev. 263 (2008). For article on the 2014 amendment of this Code section, see 31 Ga. St. U.L. Rev. 47 (2014).

JUDICIAL DECISIONS

Plain language of

§ 16-11-173 expressly precludes a county from regulating the carrying of firearms. - Because the plain language of O.C.G.A. § 16-11-173 expressly precluded a county from regulating the carrying of firearms in any manner, a county ordinance attempting to regulate the carrying of firearms was preempted by the statute; thus, the trial court erred in concluding otherwise and by denying summary judgment to a citizen and advocacy group on those grounds. GeorgiaCarry.Org, Inc. v. Coweta County, 288 Ga. App. 748, 655 S.E.2d 346 (2007).

Local ordinance did not preempt federal law on handguns.

- Because the current versions of the cities' ordinances did not create a local violation, the ordinances did not regulate the carrying of firearms in contravention of the state preemption in O.C.G.A. § 16-11-173(b)(1); accordingly, a gun advocacy organization's objections, however meritorious, to previous versions of the ordinances were rendered moot. GeorgiaCarry.Org, Inc. v. City of Roswell, 298 Ga. App. 686, 680 S.E.2d 697 (2009).

Cited in GeorgiaCarry.Org, Inc. v. City of Atlanta, 602 F. Supp. 2d 1281 (N.D. Ga. 2008); Sosniak v. State, 292 Ga. 35, 734 S.E.2d 362 (2012); Evans v. Gwinnett County Public Schools, 337 Ga. App. 690, 788 S.E.2d 577 (2016).

Cases Citing O.C.G.A. § 16-11-173

Total Results: 3  |  Sort by: Relevance  |  Newest First

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Rivera v. Washington, 298 Ga. 770 (Ga. 2016).

Cited 109 times | Published | Supreme Court of Georgia | Mar 25, 2016 | 784 S.E.2d 775

...(5) All judgments or orders granting or refusing applications for attachment against fraudulent debtors; (6) Any ruling on a motion which would be dispositive if granted with respect to a defense that the action is barred by Code Section 16-11-173; (7) All judgments or orders granting or refusing to grant mandamus or any other extraordinary remedy, except with respect to temporary restraining orders; (8) All judgments or orders refusing applications for d...
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Sosniak v. State, 292 Ga. 35 (Ga. 2012).

Cited 77 times | Published | Supreme Court of Georgia | Nov 19, 2012 | 734 S.E.2d 362, 2012 Fulton County D. Rep. 3646

...inal injunctions; (5) All judgments or orders granting or refusing applications for attachment against fraudulent debtors; (6) Any ruling on a motion which would be dispositive if granted with respect to a defense that the action is barred by Code Section 16-11-173; (7) All judgments or orders granting or refusing to grant mandamus or any other extraordinary remedy, except with respect to temporary restraining orders; (8) All judgments or orders refusing applications for dissolution of corpo...
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Knox v. State of Georgia, 888 S.E.2d 497 (Ga. 2023).

Cited 5 times | Published | Supreme Court of Georgia | May 31, 2023 | 316 Ga. 426

...e General Assembly declared “that the regulation of firearms and other weapons is properly an issue of general, state-wide concern” and prohibited counties and cities from regulating in any manner the possession or carrying of firearms. OCGA § 16-11-173 (a), (b) (1) (2005).6 In 2014, the General Assembly greatly expanded the areas 5 See Ga....
...7 See OCGA § 16-11-127 (c) (2014) (Generally, license holders “shall be authorized to carry a weapon . . . in every location in this state,” except as limited by statute or on private property per the property owner’s policy.); Ga. L. 2014, p. 599, § 1-5. 8 See OCGA § 16-11-173 (b) (1) (2014); Ga....
...punished by a fine of $25.00 and not be sentenced to serve 8 that criminalized carrying guns on university and college campuses, as it existed prior to the 2017 amendment (HB 280), OCGA §§ 16- 11-127, 16-11-127.1, and 16-11-173 operate together to require that guns be allowed on USG campuses in ways that the professors allege are contrary to “the Board of Regents’ and University System institutions’ own duly adopted policies reflecting their independent...