Georgia Statewide Rule
Georgia Firearms Preemption Statute O.C.G.A. 16-11-173
Key Facts
- Fire Safety
- O.C.G.A. 16-11-173 broadly preempts local firearm regulation
- Fees/Costs
- Limited carve-outs exist for discharge and government buildings
- Fees/Costs
- Aggrieved parties may seek damages and attorney fees
- Applies counties,
- Applies to counties, cities, and consolidated governments
Summary
Georgia broadly preempts local firearms regulation under O.C.G.A. 16-11-173, reserving authority to the General Assembly while permitting limited local rules at government buildings and parks.
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: (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.
Full Breakdown
Under O.C.G.A. 16-11-173, the Georgia General Assembly occupies the field of firearm regulation. Counties, municipalities, and consolidated governments cannot regulate the possession, ownership, transport, carrying, transfer, sale, purchase, taxation, manufacture, or licensing of firearms, ammunition, or components. Limited exceptions allow regulation of discharge within municipal limits, employment of personnel, and use of firearms in government-owned buildings. Local ordinances inconsistent with state law are void, and individuals harmed by violations may sue for damages and attorney fees.
Violations & Penalties
Local ordinances exceeding statutory authority are unenforceable; aggrieved parties may recover damages and attorney fees.
Frequently Asked Questions
Can Georgia cities ban guns in parks?
What if a city passes a stricter local gun ordinance?
Sources
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