2020 Georgia Code
Title 38 - Military, Emergency Management, and Veterans Affairs
Chapter 3 - Emergency Management
Article 2 - Organization and Administration
§ 38-3-37. Prohibited Actions by Government Official or Employee During Declared State of Emergency

Universal Citation: GA Code § 38-3-37 (2020)
  1. As used in this Code section, the term:
    1. "Firearm" means any handgun, rifle, shotgun, or similar device or weapon which will or can be converted to expel a projectile by the action of an explosive or electrical charge.
    2. "License holder" shall have the same meaning as set forth in Code Section 16-11-125.1.
    3. "Weapon" shall have the same meaning as set forth in Code Section 16-11-125.1.
  2. No official or employee of the state or any political subdivision thereof, member of the National Guard in the service of the state, or any person operating pursuant to or under color of state law, while acting during or pursuant to a declared state of emergency, shall:
    1. Temporarily or permanently seize, or authorize the seizure of, any firearm or ammunition or any component thereof the possession of which was not prohibited by law at the time immediately prior to the declaration of a state of emergency, other than as provided by the criminal or forfeiture laws of this state;
    2. Prohibit possession of any firearm or ammunition or any component thereof or promulgate any rule, regulation, or order prohibiting possession of any firearm or ammunition or any component thereof if such possession was not otherwise prohibited by law at the time immediately prior to the declaration of a state of emergency;
    3. Prohibit any license holder from carrying any weapon or promulgate any rule, regulation, or order prohibiting such carrying if such carrying was not otherwise prohibited by law at the time immediately prior to the declaration of a state of emergency; or
    4. Require the registration of any firearm.

(Code 1981, §38-3-37, enacted by Ga. L. 2014, p. 599, § 2-2/HB 60.)

Cross references.

- Right to Keep and Bear Arms, US Const., amend. 2.

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.'"

Ga. L. 2014, p. 599, § 2-1/HB 60, not codified by the General Assembly, provides: "This part shall be known to be in honor of Representative Bobby Franklin."

Law reviews.

- For article on the 2014 enactment of this Code section, see 31 Ga. St. U. L. Rev. 47 (2014).

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