In Georgia, Senate Bill 651 has passed the Senate 30 to 23 on March 6, 2026, and has been sent to the House. The bill amends the current statutes about the justification of the use of force and immunity from civil liability. From legiscan.com, here is the summary:
A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 16 of the Official Code of Georgia Annotated, relating to justification and excuse in defenses to criminal prosecutions, so as to provide for an additional justification for use of force in defense of self or others; to amend Code Section 51-11-9 of the Official Code of Georgia Annotated, relating to no duty to retreat and immunity in certain instances of threat or use of force, so as to extend immunity from civil liability in justified use of force cases to legal representatives and heirs of the person against whom force was used; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The changes occur mostly in Section 2 of 16-3-24.2, which concerns immunity from prosecution and exceptions. Section 2 of Code Section :
16-3-24.2.
(a) A person who uses threats or force in accordance with Code Section 16-3-20, 16-3-21, 16-3-23, 16-3-23.1, 16-3-24, or 17-4-20 shall be immune from criminal prosecution therefor unless in the use of deadly force, such person utilizes a weapon the carrying or possession of which is unlawful by such person under Part 2 of Article 4 of Chapter 11 of this title.
Unlawful weapons are defined in the law and include sawed-off shotguns and rifles, and National Firearms Act weapons, including silencers, if they are not legally possessed under federal law. Georgia is a Constitutional Carry state, but some people are not allowed to carry certain weapons. They include children and felons. The changes are in paragraphs (b) and (c):
(b) A law enforcement agency may use standard procedures to investigate the use of threats or force in instances set forth in subsection (a) of this Code section; provided, however, that such agency shall not arrest a person for using or threatening to use force unless a probable cause determination has been made that such force used or threatened was unlawful.
(c) A claim of immunity pursuant to this Code section may be made during arraignment or as a pretrial motion. When a prima-facie claim of immunity has been raised, such claim shall only be overcome by clear and convincing evidence.”
The claim of immunity is a bit like Florida law. If self-defense is claimed, charges may only be brought if there is probable cause to believe the use of force was unlawful. A claim of self-defense can only be overcome by “clear and convincing evidence“.
If a person is justified in threatening or using force, including deadly force, under Georgia law, they have no duty to retreat and shall not be held liable in civil actions. The bill adds this immunity to legal representatives and heirs of such persons:
“has no duty to retreat from the use of such force and shall not be held liable to the person against whom the use of force was justified, to any legal representative or heir of such person, or to any person acting as an accomplice or assistant to such person in any civil action brought as a result of the threat or use of such force.”
The explanation of the bill and the law above is based on a plain reading of the bill and the law. It is not legal advice and should not be relied on as such.
About Dean Weingarten:
Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of Constitutional Carry was attained. He has degrees in meteorology and mining engineering, and retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.
