Georgia Carry Laws - SHOULD STICKY!
I got tired of getting a million PM's about Georgia Gun Laws and Carry Laws. I think this should be sticky'd! I got this off of GACARRY.ORG!
Q: I just moved to Georgia. Where do I register my handgun?
A: Welcome to Georgia! There is no handgun registration here. People are sometimes surprised to learn that only 6 states have handgun registration. Georgia is not one of them.
Q: Are “machine guns, silencers, and sawed off shotguns” illegal in Georgia?
A: No. not as long as they are registered under the requirements of the National Firearms Act.
Q: What about “high capacity” magazines?
A: Do you mean normal capacity magazines? Georgia has no law reducing the capacity of magazines for firearms.
Q: How long is the waiting period to buy a Handgun / Shotgun / Rifle in Georgia?
A: There is no waiting period for purchasing a firearm in the state of Georgia.
Q: I just inherited / bought a gun from someone in Georgia, do I need to transfer the gun to my name?
A: No, there is no state registration of firearms, thus there is no requirement to transfer the firearm in your name, unless it is a NFA Firearm. (NFA is National Firearms Act – NFA Firearms are registered with the Bureau of Alcohol, Tobacco, Firearms and Explosives – better known as the ATF)
Q: What is required to purchase a firearm in the state of Georgia?
A: You will need a valid state-issued ID. Many Federal Firearms Licensees will not transfer long guns to out-of-state residents. This is due to the Federal Firearms Licensee’s requirement to uphold your resident state’s gun laws, and the inherent complexity associated with many states. Federal Firearms Licensee’s are prohibited by federal law from transferring hand guns to out-of-state residents.
Q: Do I have to pass a background check when purchasing a firearm from a Dealer?
A: You will be required to pass a background check when purchasing a firearm from a dealer. However, if you possess a valid Georgia Weapons License, your Georgia Weapons License will suffice as your background check. You will be required to show your state issued ID and your Georgia Weapons License in order to avoid the background check.
Q: Can I sell or purchase a firearm from someone other than a dealer? What about a background check in this instance?
A: Private sales of firearms between individual citizens are legal and do not require background checks. You are allowed to sell your private property to anyone of your choosing, unless the individual is ineligible to own or possess a firearm. Knowingly selling a firearm to a felon is a felony.
Reciprocity
States that honor a Georgia Weapons License (GWL) (and the states Georgia Honors)
Q: What states honor a Georgia Weapons License (or what states does GA honor)?
A: Alabama, Alaska, Arkansas, Arizona, Colorado, Florida, Idaho, Indiana, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Montana, New Hampshire, North Carolina, Oklahoma, Pennsylvania, South Dakota, Tennessee, Texas, Utah and Wyoming. Please see the Georgia Attorney General’s Press Advisory here for the latest information.
Q: What laws do I follow when carrying in another state?
A: You must follow the laws of the state you are in. A good resource for handgun laws in other states can be found here.
Places Off Limits
For those with a Georgia Weapons License or visiting Georgia with a reciprocal permit
Q: Can I carry to or at church?
A: No. You cannot carry into a church or place of worship, but with the passage of SB308, which removed the Public Gathering Laws, you may now have a weapon in your car in the parking lot with a valid Georgia Weapons License.
Q: What is a public gathering?
A: The Public Gathering Law was repealed when SB308 was signed into law on June 4, 2010. The Public Gathering was law in Georgia for 140 years and was one of the last Jim Crow laws to be repealed in Georgia.
Q: Can I carry at Applebee’s or [insert other restaurant here]?
A: SB308 does not prohibit carry for Georgia Weapons License holders in restaurants. However, individual restaurant owners have the option of asking you to leave their establishment if they do not wish for you to carry there. Should a business owner or his agent ask you to leave while you are carrying a firearm, do so immediately, or as soon as reasonably possible. Failure to leave within a reasonable time, or refusing to leave, is a criminal offense known as “criminal trespass.” In addition, please maintain a polite demeanor so as to project a good image of yourself and other GCO members to the business owner and any witnesses even when being asked to leave.
Q: Can I carry at a Bar?
A: SB308 criminalized bar carry, unless the owner of the bar grants permission to carry. If the bar owner does not allow carry, it is a crime to carry there.
Q: Can I carry at a State Park, Historic Area, or Wildlife Management Area?
A: Yes, including the publicly owned/operated buildings on those lands provided you possess a valid Georgia Weapons License.
Q: Can I carry in a city or county park?
A: Yes! GeorgiaCarry.Org fought battles with several cities and counties over this issue, and has been victorious each time. State law preempts local ordinances on this issue.
Q: What about the buildings in a city or county park?
A: Yes, unless the park buildings qualify as “government buildings” under SB308, you may carry in the buildings.
Q: What is a government building?
A: Government building means a building that houses an office, agency, authority, department, commission, board, body, division, instrumentality, or institution of the state or any county, municipal corporation, consolidated government, or local board of education within this state. In addition, any place where such government entity meets in its official capacity, but, if the building is privately owned, then only while the meeting is in session. If a privately owned building houses a government entity, then only the portion of the building that houses the government entity is off limits.
Q: I heard GeorgiaCarry.Org’s President state that it is illegal to carry into the restrooms at interstate rest areas. Is this true?
A: The statement was true until June 6, 2010 prior to the passage of SB308.
Q: What if a business posts a sign stating “No Firearms?”
A: While there is no law against carrying a firearm into a business that posts such a sign, GeorgiaCarry.Org encourages its members to respect the private property owner’s wishes. Why support such a business with your hard-earned money? There are plenty of businesses that support your right to bear arms. They are more deserving of your support.
Should a business owner or his agent ask you to leave while you are carrying a firearm, do so immediately, or as soon as reasonably possible. Failure to leave within a reasonable time, or refusing to leave, is a criminal offense known as “criminal trespass.” In addition, please maintain a polite demeanor so as to project a good image of yourself and other GCO members to the business owner and any witnesses even when asked to leave.
Q: I am a GeorgiaCarry.Org Member, and I own a restaurant. Am I required to allow everyone to carry a firearm on my property?
A: No. See the question and answer immediately above this one. In addition, please see the Employer/Employee section.
Q: May I carry at schools – K through 12?
A: No! However, a person with a Georgia Weapons License may carry a firearm while dropping off or picking up a student and also may keep a firearm in a motor vehicle while parked on campus.
Q: May I carry at technical schools and colleges?
A: No! However, a person with a Georgia Weapons License may carry a firearm while dropping off or picking up a student and also may keep a firearm in a motor vehicle while parked on campus.
Q: Can I carry at Stone Mountain Park?
A: Yes. GeorgiaCarry.Org filed a lawsuit against the Stone Mountain Memorial Association. As a result they no longer have a local ordinance prohibiting carry at the park for people with a valid Georgia Weapons License.
I Do Not Have a Firearms License. What Can I Do?
Q: I don’t have a Georgia Weapons License. Can I carry in my car?
A: Any person who is not prohibited by law from possessing a handgun or long gun may have or carry on his or her person a weapon or long gun on his or her property or inside his or her home, motor vehicle, or place of business without a valid weapons carry license. In addition, such person may carry a long gun, which must be carried openly if loaded. Moreover, such person may carry in his or her own motor vehicle. Finally, if such person is eligible for a Georgia Weapons License, he or she may carry in any private passenger motor vehicle.
Q: Can I carry in my house?
A: Yes. See above answer.
Q: Can I carry a handgun openly, without concealing it?
A: No! Georgia is one of the minority of states that requires a Georgia Weapons License to carry a handgun openly outside of your home, car, or place of business. However, any person with a valid hunting or fishing license on his or her person, or any person not required by law to have a hunting or fishing license, who is engaged in legal hunting, fishing, or sport shooting when the person has the permission of the owner of the land on which the activities are being conducted may have or carry on his or her person a handgun or long gun without a valid weapons carry license while hunting, fishing, or engaging in sport shooting.
Please be sure to read the history of Georgia’s licensing law and find out why a license is required to carry a handgun openly. It is not what you think.
Employer/Employee
Q: Can I have a gun in my car while I am at work?
A: Yes, provided your employer does not prohibit it.
Method of Carry
Q: Do I need to carry my firearm concealed or may I carry openly?
A: Under the law, a Georgia Weapons License holder may carry a weapon or longgun openly or concealed in any location that is not off limits. However, should you choose to openly carry a handgun, please be aware of the image you present to the public while doing so. They vote.
Q: Do I have to use a holster?
A: No
Q: Can I use an ankle or pocket holster?
A: Yes
Licensing
Q: Where do I go to apply for a Georgia Weapons License
A:You apply at your county Probate Court. For most counties, the information needed is on their website as to where, when, cost and how the payment is accepted. Counties have their own set of rules they operate within.
Q: What background checks are performed on Georgia Weapons License applicants?
A: An applicant for a Georgia Weapons License must submit to one state and two federal criminal background checks. Two of these checks (GCIC and NCIC) are fingerprint based. In addition, the probate judge may check the mental health, drug, or alcohol addiction records of the Georgia Department of Human Resources. There are additional checks for Georgia residents who are not United States citizens.
Q: I currently possess a Georgia Firearms License. SB308 requires a Georgia Weapons License. Is my Georgia Firearms License still valid or do I need to apply for a Georgia Weapons License?
A: No, your Georgia Firearms License is valid until the expiration date on the front of the license and now functions as a Georgia Weapons License.
Q: My background check is taking several months, how can I check on the progress?
A: We have created a page to answer just this question: Trust but Verify.
Q: I was convicted of a misdemeanor marijuana charge in 1970, when I was 17. I have had a clean record since then. I am now over 55 years old. Can I obtain a license?
A: Yes, with the passage of SB308. You will not be eligible for a license if your conviction was within 5 years immediately preceding your application.
Q: I was convicted of a non-drug related felony years ago. I have had a clean record since then. What can I do to get my firearms rights back?
A: Contact the office that is in charge of granting pardons in the state you were convicted in. If it was Georgia that is the State Board of Pardons and Paroles.
Q: How many Georgia Weapons License holders are there?
A: Currently there are approximately 400,000 Georgia Weapons License holders throughout the state, according to the Judicial Council of Georgia’s Administrative Office of the Courts. That number appears to be significantly increasing each year.
Q: Must I be a Georgia resident to apply?
A: Yes. Military personnel and their families may apply while stationed in Georgia even though their home of record is elsewhere. This requirement of state residency is being challenged in court by GeorgiaCarry.Org.
Q: I just moved from Gwinnett County to Fulton County. Do I need to change the address on my license?
A: No. The license is good no matter where you move, even if you move outside the State of Georgia.
Q: My license is lost or stolen. Must I reapply?
A: No. If you report the loss within 48 hours of when you realized it was missing to the probate court, then the probate court must issue you a new license for and $5.00 fee.
Q: I am in the military, do I have to get a Georgia Weapons License?
A: No. You are exempt the same way as police officers are. Your military ID is your proof of exemption from needing a Georgia Weapons License to carry. If you want to carry into nearby states and/or be exempt from a NICS check when purchasing firearm from a dealer then you should get a Georgia Weapons License.
Q: I just moved to GA from another state with a valid firearms license, can I carry in GA with it?
A: Once you are considered to be a GA resident (you have a GA Drivers License), you must carry with a Georgia Weapons License.
Q: I often visit GA and want to carry a firearm while there, but GA does not honor the license issued by my state, what can I do?
A: Obtain a non-resident permit from a state GA does honor, such as Florida.
Q: I’m just curious to know if the prescription drug Paxil or Xanex would prevent a person from getting a Georgia Weapons License?
A: No, it should not prevent you from obtaining a license. The only portion of the statute (16-11-129) even loosely pertaining to such issues is the subsection on inpatient treatment for mental health or alcohol or drug treatment. This subsection is more restrictive than federal law, but it does not address any outpatient treatment.
(J) Any person who has been hospitalized as an inpatient in any mental hospital or alcohol or drug treatment center within the five years immediately preceding the application. The judge of the probate court may require any applicant to sign a waiver authorizing any mental hospital or treatment center to inform the judge whether or not the applicant has been an inpatient in any such facility in the last five years and authorizing the superintendent of such facility to make to the judge a recommendation regarding whether the applicant is a threat to the safety of others and whether a license to carry a weapon should be issued. When such a waiver is required by the judge, the applicant shall pay a fee of $3.00 for reimbursement of the cost of making such a report by the mental health hospital, alcohol or drug treatment center, or the Department of Behavioral Health and Developmental Disabilities, which the judge shall remit to the hospital, center, or department. The judge shall keep any such hospitalization or treatment information confidential. It shall be at the discretion of the judge, considering the circumstances surrounding the hospitalization and the recommendation of the superintendent of the hospital or treatment center where the individual was a patient, to issue the weapons carry license or renewal license.
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Originally Posted by Truegiant
