2025 Georgia Codes – Page 73

(a) It shall be unlawful for any person who is under indictment for or who has been convicted of a felony by
a court of this state, any other state, the United States including its territories, possessions, and dominions, or
a foreign nation to possess, manufacture, transport, distribute, possess with the intent to distribute, or offer to
distribute a destructive device, detonator, explosive, poison gas, or hoax device.
(b) It shall be unlawful for any person knowingly to distribute a destructive device, detonator, explosive, poi-
son gas, or hoax device to any person:
(1) Who he or she knows or should know is under indictment for or has been convicted of a felony by a
court of this state, any other state, the United States including its territories, possessions, and dominions, or
a foreign nation; or
(2) Who he or she knows or should know has been adjudicated to be mentally incompetent or mentally ill by
a court of this state, any other state, or the United States including its territories, possessions, and domin-
ions.
(c) Any person convicted of a violation of this Code section shall be punished, in the case of an individual, by
imprisonment for not less than one nor more than 15 years or by a fine of not more than $25,000.00 or both
or, if the defendant is a corporation, by a fine of not less than $10,000.00 nor more than $75,000.00 or not
fewer than 1,000 nor more than 5,000 hours of community service or both.
(d) Notwithstanding any other provision of law, the Department of Behavioral Health and Developmental
Disabilities shall make available to any law enforcement agency or district attorney of this state such infor-
mation as may be necessary to establish that a person has been adjudicated by any court to be mentally
incompetent or mentally ill.
(e) The provisions of this Code section shall not apply to:
(1) Any person who has been pardoned for a felony by the President of the United States, the State Board of
Pardons and Paroles, or the person or agency empowered to grant pardons under the constitution or laws
of any other state or of a foreign nation and, by the terms of the pardon, has expressly been authorized to
receive, possess, distribute, or transport a destructive device, explosive, poison gas, or detonator; or
(2) A person who has been convicted of a felony, but who has been granted relief from the disabilities
imposed by the laws of the United States with respect to the acquisition, receipt, transfer, shipment, or
possession of explosives by the secretary of the United States Department of the Treasury pursuant to 18
U.S.C. 845, may apply to the Board of Public Safety for relief from the disabilities imposed by this Code
section in the same manner as is provided in subsection (d) of Code Section 16-11-131. The board may
grant such relief under the same standards and conditions as apply to firearms.

under 21 years of age
(a) It shall be unlawful for any person to distribute or to offer to distribute a destructive device, explosive,
poison gas, or detonator to any person who is under 21 years of age.
(b) Any person convicted of a violation of this Code section shall be punished, in the case of an individual,
by imprisonment for not less than one nor more than three years or by a fine of not more than $10,000.00
or both or, if the defendant is a corporation, by a fine of not more than $20,000.00 or not fewer than 3,000
hours of community service or both.