Georgia Gun Laws

The information in this post has recently been updated to reflect changes in Georgia's gun laws.  To read the updated version, click here.

Comments

[Richard Hatt]

I was reading the handgun laws of Georgia, and in section 16-11-130, under #3 it states "persons in the military service of the state or of the United States" are exempted from needing a permit to carry firearms. 16-11-130 exempts codes 16-11-126 through 16-11-128 which outlines carrying and possession of Firearms, carrying or possessing weapons on school property or at a school function, carrying pistol without license and license to carry pistol or revolver, temporary renewal permit. From how it reads preople in the military are not required to get a license to carry a pistol or revolver in the state of Georgia. If you could clear up any of this and if necessary and verify how it reads, I would be greatful. Thank you

Richard Hatt
SSG, USA

[Chris Phillips]

In the matter of carrying it in your vehicle. The weapon must be in a glove compartment or console, unloaded and separated from the ammunition. Define "separated". Meaning not in access of or can the magazine (loaded) be sitting next to the weapon? Do you have to have the ammunition in a location where it is not accessable? I am turning 18 soon and want to carry a handgun in my vehicle, but I am confused on the "unloaded" part.

[DPD]

To SSG Hatt,

You're reading the Georgia Code correctly. However, it's highly recommended that you go ahead and get a carry permit for your firearms anyway, to avoid any potential confusion.

[DPD]

To Chris Phillips:

O.C.G.A. 16-11-126 is the code section that defines what constitutes an offense of carrying a concealed weapon. In subsection (d) it clarifies the restrictions on possessing a firearm inside a vehicle. The second sentence states “this code section shall NOT forbid any person who is not among those enumerated as ineligible for a license under Code Section 16-11-129 from transporting a LOADED firearm in any private passenger motor vehicle in an open manner and fully exposed to view or in the glove compartment, console, or similar compartment of the vehicle; provided, however, that any person in possession of a valid permit issued pursuant to code section 16-11-129 may carry a handgun in any location in a motor vehicle.” A person may carry a loaded firearm inside their vehicle as long as they meet one of the above requirements.

However, as far as your question is concerned there is another issue you need to be aware of. If you will pay close to this code section it clearly states “any person who is not among those enumerated as ineligible for a license under code section 16-11-129” If you are only 18 then this code section does not apply to you because you are NOT allowed to carry a handgun inside your vehicle in this manner. You must possess a valid conceal carry permit or be eligible to obtain a permit to carry a handgun inside your vehicle. One of the requirements is that you must be 21 years old, which will automatically disqualify you because of your age.

[Chris P]

So what you are saying is that there is no legal way for a person between ages 18 and 20 to transport a handgun in their vehicle?

[DPD]

There are a few exceptions to the law (hunting, etc); however you have already stated that you want to put a handgun in your vehicle to carry after you turn 18. In the manner you are referring to there are not any exceptions to the law. Below are the code sections that list the exceptions to the law.

16-11-130 EXEMPTIONS FROM CODE SECTIONS 16-11-126 through 16-11-128

(a) Code Sections 16-11-126 through 16-11-128 shall not apply to or affect any of the following persons if such persons are employed in the offices listed below or when authorized by federal or state law, regulations, or order:

(1) Peace officers, as such term is defined in paragraph (11) of Code Section 16-1-3, and retired peace officers so long as they remain certified whether employed by the state or a political subdivision of the state or another state or a political subdivision of another state but only if such other state provides a similar privilege for the peace officers of this state;

(2) Wardens, superintendents, and keepers of correctional institutions, jails, or other institutions for the detention of persons accused or convicted of an offense;

(3) Persons in the military service of the state or of the United States;

(4) Persons employed in fulfilling defense contracts with the government of the United States or agencies thereof when possession of the weapon is necessary for manufacture, transport, installation, and testing under the requirements of such contract;

(5) District attorneys, investigators employed by and assigned to a district attorney's office, assistant district attorneys, attorneys or investigators employed by the Prosecuting Attorneys' Council of the State of Georgia, and any retired district attorney, assistant district attorney, district attorneys investigator, or attorney or investigator retired from the Prosecuting Attorneys' Council of the State of Georgia, if such employee is retired in good standing and is receiving benefits under Title 47 or is retired in good standing and receiving benefits from a county or municipal retirement system;

(6) State court solicitors-general; investigators employed by and assigned to a state court solicitor-general's office; assistant state court solicitors-general; the corresponding personnel of any city court expressly continued in existence as a city court pursuant to Article VI, Section X, Paragraph I, subparagraph (5) of the Constitution; and the corresponding personnel of any civil court expressly continued as a civil court pursuant to said provision of the Constitution;

(7) Those employees of the State Board of Pardons and Paroles when specifically designated and authorized in writing by the members of the State Board of Pardons and Paroles to carry a weapon;

(8) The Attorney General and those members of his or her staff whom he or she specifically authorizes in writing to carry a weapon;

(9) Chief probation officers, probation officers, intensive probation officers, and surveillance officers employed by and under the authority of the Department of Corrections pursuant to Article 2 of Chapter 8 of Title 42, known as the "State-wide Probation Act," when specifically designated and authorized in writing by the director of Division of Probation;

(10) Public safety directors of municipal corporations;

(11) Explosive ordnance disposal technicians, as such term is defined by Code Section 16-7-80, and persons certified as provided in Code Section 35-8-13 to handle animals trained to detect explosives, while in the performance of their duties;

(12) State and federal trial and appellate judges, full-time and permanent part-time judges of municipal and city courts, and former state trial and appellate judges retired from their respective offices under state retirement;

(13) United States Attorneys and Assistant United States Attorneys;

(14) County medical examiners and coroners and their sworn officers employed by county government; and

(15) Clerks of the superior courts.

(b) Code Sections 16-11-126 through 16-11-128 shall not apply to or affect persons who at the time of their retirement from service with the Department of Corrections were chief probation officers, probation officers, intensive probation officers, or surveillance officers, when specifically designated and authorized in writing by the director of Division of Probation.

(c) Code Sections 16-11-126 through 16-11-128 shall not apply to or affect any:

(1) Sheriff, retired sheriff, deputy sheriff, or retired deputy sheriff if such retired deputy sheriff is receiving benefits under the Peace Officers' Annuity and Benefit Fund provided under Chapter 17 of Title 47;

(2) Member of the Georgia State Patrol or agent of the Georgia Bureau of Investigation or retired member of the Georgia State Patrol or agent of the Georgia Bureau of Investigation if such retired member or agent is receiving benefits under the Employees' Retirement System;

(3) Full-time law enforcement chief executive engaging in the management of a county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university law enforcement chief executive that is registered or certified by the Georgia Peace Officer Standards and Training Council; or retired law enforcement chief executive that formerly managed a county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university law enforcement chief executive that was registered or certified at the time of his or her retirement by the Georgia Peace Officer Standards and Training Council, if such retired law enforcement chief executive is receiving benefits under the Peace Officers' Annuity and Benefit Fund provided under Chapter 17 of Title 47 or is retired in good standing and receiving benefits from a county, municipal, State of Georgia, state authority, or federal retirement system; or

(4) Police officer of any county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university police officer that is registered or certified by the Georgia Peace Officer Standards and Training Council, or retired police officer of any county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university police officer that was registered or certified at the time of his or her retirement by the Georgia Peace Officer Standards and Training Council, if such retired employee is receiving benefits under the Peace Officers' Annuity and Benefit Fund provided under Chapter 17 of Title 47 or is retired in good standing and receiving benefits from a county, municipal, State of Georgia, state authority, or federal retirement system.

In addition, any such sheriff, retired sheriff, deputy sheriff, retired deputy sheriff, active or retired law enforcement chief executive, or other law enforcement officer referred to in this subsection shall be authorized to carry a pistol or revolver on or off duty anywhere within the state and the provisions of Code Sections 16-11-126 through 16-11-128 shall not apply to the carrying of such firearms.

(d) A prosecution based upon a violation of Code Section 16-11-126, 16-11-127, or 16-11-128 need not negative any exemptions.

16-11-132. POSSESSION OF A PISTOL OR REVOLVER BY PERSON UNDER THE AGE OF 18 YEARS

(a)(1) For the purposes of this Code section, the term "pistol" or "revolver" means a firearm of any description, loaded or unloaded, from which any shot, bullet, or other missile can be discharged where the length of the barrel, not including any revolving, detachable, or magazine breech, does not exceed 12 inches; provided, however, that the term pistol or revolver shall not include a gun which discharges shot of .46 centimeters or less in diameter.

(2) For the purposes of this Code section, a pistol or revolver is considered loaded if:

(A) There is a cartridge in the chamber or cylinder of the pistol or revolver;

(B) The person is carrying on his or her body or attached to his or her clothing the pistol or revolver and the ammunition for such pistol or revolver; or

(C) The pistol or revolver and the ammunition for such pistol or revolver are in such close proximity to such person that such person could readily gain access to the pistol or revolver and the ammunition and load the pistol or revolver.

(b) Notwithstanding any other provisions of this part and except as otherwise provided in this Code section, it shall be unlawful for any person under the age of 18 years to possess or have under such person's control a pistol or revolver. A person convicted of a first violation of this subsection shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $1,000.00 or by imprisonment for not more than 12 months, or both. A person convicted of a second or subsequent violation of this subsection shall be guilty of a felony and shall be punished by a fine of $5,000.00 or by imprisonment for a period of three years, or both.

(c) Except as otherwise provided in subsection (d) of this Code section, the provisions of subsection (b) of this Code section shall not apply to:

(1) Any person under the age of 18 years who is:

(A) Attending a hunter education course or a firearms safety course;

(B) Engaging in practice in the use of a firearm or target shooting at an established range authorized by the governing body of the jurisdiction where such range is located;

(C) Engaging in an organized competition involving the use of a firearm or participating in or practicing for a performance by an organized group under 26 U.S.C. Section 501(c)(3) which uses firearms as a part of such performance;

(D) Hunting or fishing pursuant to a valid license if such person has in his or her possession such a valid hunting or fishing license if required; is engaged in legal hunting or fishing; has permission of the owner of the land on which the activities are being conducted; and the pistol or revolver, whenever loaded, is carried only in an open and fully exposed manner; or

(E) Traveling to or from any activity described in subparagraphs (A) through (D) of this paragraph if the pistol or revolver in such person's possession is not loaded;

(2) Any person under the age of 18 years who is on real property under the control of such person's parent, legal guardian, or grandparent and who has the permission of such person's parent or legal guardian to possess a pistol or revolver; or

(3) Any person under the age of 18 years who is at such person's residence and who, with the permission of such person's parent or legal guardian, possesses a pistol or revolver for the purpose of exercising the rights authorized in Code Section 16-3-21 or 16-3-23.

(d) Subsection (c) of this Code section shall not apply to any person under the age of 18 years who has been convicted of a forcible felony or forcible misdemeanor, as defined in Code Section 16-1-3, or who has been adjudicated delinquent under the provisions of Article 1 of Chapter 11 of Title 15 for an offense which would constitute a forcible felony or forcible misdemeanor, as defined in Code Section 16-1-3, if such person were an adult.

[Steve H.]

Is it against the law to carry a loaded handgun even though you have concealed carry permit?

[S. Cham]

Is it ok to carry a registered gun(loaded/unloaded) to and from your house to your car without a permit in ga?

[DPD]

To S. Cham,

It is legal to carry a firearm from you residence in order to place it in your vehicle. As long as once you reach your vehicle you are in compliance with ALL of the Georgia laws that are posted above. An exception to this would be if you are required to walk a long distance from your residence to your vehicle. Examples of this would include having to walk down a public street with the firearm or walking through any other area that Georgia law restricts a person from carrying a firearm without a permit. If you are on your own property then you shouldn't have any problems.

[ernesto sanchez]

Is there a law about shooting a legal handgun in my own property ?

[DPD]

The information posted below is the city ordinance that restricts the discharging of a firearm within the city limits of Dalton. If you reside outside of the city limits of Dalton then you will need to contact your local law enforcement agency to see if there are any restrictions where you live.

Sec. 74-183. Discharge of firearms generally.

It shall be unlawful for any person to shoot any pistol, gun or other firearm within the corporate limits, except as authorized by law or by permission of the mayor or any alderman.

[James Buchanan]

iam in the army active duty at fort Stewart GA do i need a permit to carry a loaded weapon on my person

[DPD]

To James Buchanan:
Although not required by Georgia law if you are on active duty, we recommend that you apply for a permit. It may save you several minutes of sorting out if you encounter law enforcement out in the community. Officers review current law often, but no one can remember every code. If you have a permit, you could be on your way much sooner.

[Ken Faith]

I recently went to a local restaraunt on Walnut (Applebee's) and in the foyer of the establishment the had a sign posted that stated "NO FIREARMS PERMITTED REGARDLESS OF THE LAW" Does this mean anything to those of us that have carry permit in accordinace with state law or local ordinance?

[DPD]

Establishment's such as Applebees are considered "private property" and therefore the business owner/manager has the right to place this type of rule in effect for the business.