Are Ghost Guns Illegal in Georgia?
Georgia, like many other states in the United States, has laws regulating the ownership and possession of firearms, including so-called "ghost guns." But what exactly are ghost guns, and are they illegal in Georgia?
What are Ghost Guns?
Ghost guns, also known as DIY or homemade firearms, are firearms that are manufactured or assembled without serial numbers, making them difficult or impossible to trace back to the original manufacturer or seller. These guns are often made from parts purchased online or at gun shows, and are frequently assembled by the individual without any background checks or registrations.
Are Ghost Guns Illegal in Georgia?
Yes, ghost guns are illegal in Georgia, but the legality is complicated. Under Georgia law, it is illegal to possess or manufacture a firearm that does not have a unique serial number. HB 282, enacted in 2019, amended the Georgia Code to define a "firearm" as "any weapon or device that is designed or intended to expel or propel a projectile through the use of explosive force" and to require that all firearms have a unique serial number.
Specific Statutes
- O.C.G.A. §16-11-130 states that it is unlawful for any person to possess or manufacture a firearm without a serial number.
- O.C.G.A. §16-11-131 states that the Georgia Bureau of Investigation (GBI) shall assign a unique serial number to each firearm manufactured or sold in the state.
Penalties for Violations
Violations of Georgia’s ghost gun laws can result in serious penalties, including:
- Misdemeanor charges: Up to one year in jail and a fine of up to $1,000.
- Felony charges: Up to five years in prison and a fine of up to $5,000.
- Repeal of Gun Rights: In some cases, a conviction for ghost gun possession or manufacture can lead to the revocation of an individual’s right to own or possess a firearm.
Exceptions
There are some exceptions to the ghost gun laws in Georgia:
- Historical or Antique Firearms: Firearm replicas or models designed to resemble historical or antique firearms are exempt from serial number requirements.
- Parts Kits: The Georgia Code allows individuals to assemble firearms from parts kits as long as the parts kits are legally obtained and comply with federal regulations.
- Law Enforcement and Corrections: Law enforcement officers and corrections officers are exempt from serial number requirements for purposes of their official duties.
Table: Ghost Gun Laws in Georgia
Statute | Description | Penalty |
---|---|---|
O.C.G.A. §16-11-130 | Possession/Manufacture of Firearm without Serial Number | Misdemeanor (1 year in jail, $1,000 fine) or Felony (5 years in prison, $5,000 fine) |
O.C.G.A. §16-11-131 | GBI Serial Number Assignment | N/A |
Exceptions | Historical/ Antique Firearms, Parts Kits, Law Enforcement/Corrections | N/A |
Conclusion
Ghost guns are illegal in Georgia, and individuals who possess or manufacture these firearms without serial numbers can face serious legal consequences. While there are some exceptions to the law, it is important for gun owners and enthusiasts to be aware of the regulations surrounding ghost guns in the state. By understanding the law and complying with serial number requirements, individuals can avoid legal trouble and ensure that their firearms are safe and legal to own and possess.