Bill > HB120

This bill amends Georgia law to create new restrictions on "extreme risk protection orders" (ERPOs), which are defined as legal measures that could temporarily or permanently seize firearms from an individual without a full court hearing. The bill prohibits state agencies, local law enforcement, and other entities from enforcing any federal or state orders that would confiscate firearms from law-abiding citizens, and it bars these agencies from accepting federal funds related to such orders. The legislation provides significant legal protections for Georgia citizens, including allowing individuals to sue if an ERPO is enforced against them, with potential damages of $50,000 per occurrence. Political subdivisions or law enforcement agencies that knowingly enforce such orders can be sued, and the Attorney General has the power to bring enforcement actions. The bill explicitly states that sovereign immunity cannot be used as a defense in such lawsuits, and it allows courts to provide injunctive relief, damages, and attorney's fees to prevailing plaintiffs. Importantly, the bill does not prevent federal agents from enforcing federal laws or prohibit Georgia officials from accepting federal assistance in enforcing state laws. The legislation appears designed to strongly protect Second Amendment rights and limit what the bill's sponsors view as potential federal overreach in firearms regulation.

Justice

https://www.legis.ga.gov/legislation/69494