2025 Georgia Codes – Page 75

(a) Any person who possesses, transports, or receives or attempts to possess, transport, or receive any destruc-
tive device, explosive, bacteriological weapon, or biological weapon with the knowledge or intent that it will
be used to kill, injure, or intimidate any individual or to destroy any public building shall be punished by
imprisonment for not less than ten nor more than 20 years or by a fine of not more than $125,000.00 or both
or, if the defendant is a corporation, by a fine of not less than $125,000.00 nor more than $200,000.00 or
sentenced to perform not fewer than 10,000 nor more than 20,000 hours of community service or both.
(b) In addition to any other penalty imposed under the laws of this state or of the United States, any person
who shall use or attempt to use any destructive device or explosive to kill or injure any individual, including
any public safety officer performing duties as a direct or proximate result of a violation of this subsection,
or to destroy any public building shall be imprisoned for not less than 20 nor more than 40 years or fined
the greater of the cost of replacing any property that is destroyed or $250,000.00 or both or, if the defendant
is a corporation, fined the greater of the cost of replacing any property which is destroyed or $1 million or
sentenced to perform not fewer than 20,000 nor more than 40,000 hours of community service or both.
(c) Any other provision of law to the contrary notwithstanding, no part of any sentence imposed pursuant to
subsection (a) or (b) of this Code section shall be probated, deferred, suspended, or withheld and no person
sentenced pursuant to subsection (a) or (b) of this Code section shall be eligible for early release, leave,
work release, earned time, good time, or any other program administered by any agency of the executive or
judicial branches of this state which would have the effect of reducing or mitigating such sentence until the
defendant has completed the minimum sentence as provided by subsection (a) or (b) of this Code section.

The provisions of Code Sections 16-7-82, 16-7-84, 16-7-85, and 16-7-86 shall not apply to:
(1) Any person authorized to manufacture, possess, transport, distribute, or use a destructive device or detona-
tor pursuant to the laws of the United States, as amended, or pursuant to Title 25 when such person is acting
in accordance with such laws and any regulations issued pursuant thereto;
(2) Any person licensed as a blaster by the Commissioner pursuant to Chapter 8 of Title 25, when such
blaster is acting in accordance with the laws of the state and any regulations promulgated thereunder and any
ordinances and regulations of the political subdivision or authority of the state where blasting operations are
being performed;
(3) Fireworks, as defined by Code Section 25-10-1 and any person authorized by the laws of this state and of
the United States to manufacture, possess, distribute, transport, store, exhibit, display, or use fireworks;
(4) A law enforcement, fire service, or emergency management agency of this state, any agency or author-
ity of a political subdivision of this state, or the United States and any employee or authorized agent thereof
while in performance of official duties and any law enforcement officer, fire official, or emergency manage-
ment official of the United States or any other state while attending training in this state;
(5) The armed forces of the United States or of this state;
(6) Research or educational programs conducted by or on behalf of a college, university, or secondary school
which have been authorized by the chief executive officer of such educational institution or his or her desig-
nee and which is conducted in accordance with the laws of the United States and of this state;
(7) The use of explosive materials in medicines and medicinal agents in forms prescribed by the most recent
published edition of the official United States Pharmacopoeia or the National Formulary;
(8) Small arms ammunition and reloading components thereof;
(9) Commercially manufactured black powder in quantities not to exceed 50 pounds, percussion caps, safety
and pyrotechnic fuses, quills, quick and slow matches, and friction primers intended to be used solely for
sporting, recreational, or cultural purposes in antique firearms or antique devices; or
(10) An explosive which is lawfully possessed in accordance with the rules adopted pursuant to Code Section