Voluntary waiver of the right to purchase a firearm - revocation of waiver - rules - notice to revisor - definitions

(1) [Editor's note: Subsection (1) is effective (see editor's note following this section)] As used in this section, unless the context otherwise requires: (a) "Contact person" means the person designated as a contact pursuant to subsection (3)(b) of this section by the person voluntarily waiving the right to purchase a firearm. (b) "Voluntary waiver" means a voluntary waiver of the right to purchase a firearm as described in this section. (2) [Editor's note: Subsection (2) is effective (see editor's note following this section)] (a) A person may voluntarily waive the right to purchase a firearm. Pursuant to section 24-33.5-424 (3)(b)(III), while the waiver is in effect, the bureau shall deny the transfer of a firearm to a person who voluntarily waived the right to purchase a firearm. (b) The bureau shall develop an online portal for a person to electronically file for a voluntary waiver, update contact information, and revoke a voluntary waiver. (3) [Editor's note: Subsection (3) is effective (see editor's note following this section)] (a) To voluntarily waive the right to purchase a firearm, a person must file a voluntary waiver with the bureau. The bureau shall verify the person's identity prior to accepting the voluntary waiver. (b) A person who voluntarily waives the right to purchase a firearm may designate one or more contact persons who will be contacted, pursuant to this section, if the person attempts to purchase a firearm while the voluntary waiver is in effect or if the person revokes the voluntary waiver. (c) The bureau shall immediately notify the person who filed the voluntary waiver and each contact person when the bureau accepts the filer's voluntary waiver. (d) No later than twenty-four hours after accepting a voluntary waiver, the bureau shall enter the voluntary waiver into the national instant criminal background check system and any other federal or state computer-based systems used by law enforcement agencies or others to identify prohibited purchasers of firearms. (e) A voluntary waiver is confidential. The bureau shall not disclose records of a voluntary waiver, except as expressly permitted in this section or as ordered by a court. (4) [Editor's note: Subsection (4) is effective (see editor's note following this section)] If the bureau denies the transfer of a firearm to a person because the person voluntarily waived the right to purchase a firearm, the bureau shall notify each contact person of the attempted transfer no later than twenty-four hours after the bureau denies the transfer. (5) [Editor's note: Subsection (5) is effective (see editor's note following this section)] (a) To revoke a voluntary waiver, a person must file for revocation with the bureau. The bureau shall verify the person's identity prior to accepting the revocation. The waiver remains in effect for thirty days after the bureau accepts the revocation. (b) The bureau shall notify each contact person of the revocation no later than twenty-four hours after the bureau receives the revocation request. (c) Thirty days after the bureau accepts the revocation, and unless the person is otherwise ineligible to possess a firearm pursuant to state or federal law, the bureau shall remove the person's information from the national instant criminal background check system and any other federal or state computer-based systems in which the person was entered and that are used by law enforcement agencies or others to identify prohibited purchasers of firearms, and the bureau shall destroy all records of the voluntary waiver. (6) [Editor's note: Subsection (6) is effective (see editor's note following this section)] The executive director of the department may adopt rules as necessary for the implementation of this section. (7) (a) The department may seek, accept, and expend gifts, grants, or donations from private or public sources to develop and maintain the online portal described in subsection (2)(b) of this section. The department shall not implement this section until it receives two hundred thousand dollars of gifts, grants, and donations for the online portal. (b) Notwithstanding section 24-75-1305, for state fiscal year 2026-27 and any subsequent fiscal year, the general assembly may appropriate money from the general fund for the online portal. (8) Subsections (1) to (6) of this section will take effect if the department receives two hundred thousand dollars of gifts, grants, or donations to develop and maintain the online portal described in subsection (2)(b) of this section. The executive director of the department of public safety shall notify the revisor of statutes in writing of the date on which the condition specified in this subsection (8) has occurred by emailing the notice to revisorofstatutes.ga@coleg.gov. Subsections (1) to (6) of this section take effect upon the date identified in the notice that the department has received two hundred thousand dollars of gifts, grants, or donations for the online portal or, if the notice does not specify that date, upon the date of the notice to the revisor of statutes.