GA: State Firearms Laws
GEORGIA
(As of August, 1995)
PLEASE NOTE: In addition to state laws, the purchase, sale and
(in certain circumstances) the possession and interstate
transportation of firearms is regulated by the Gun Control Act of
1968 as amended by the Firearms Owners' Protection Act. Also,
cities and localities may have their own firearms ordinances in
addition to federal and state laws. Details may be obtained by
contacting local law enforcement authorities, and by consulting
the State Laws and Published Ordinances_Firearms, available from
the U.S. Government Printing Office, Washington, D.C. 20402.
QUICK REFERENCE CHART
Rifles and
Shotguns Handguns
Permit to Purchase NO NO
Registration of Firearms NO NO
Licensing of Owner NO NO
Permit to Carry NO YES
STATE CONSTITUTIONAL PROVISION
"The right of the people to keep and bear arms shall not be
infringed, but the General Assembly shall have power to prescribe
the manner in which arms may be borne." Article 1, Section 1,
Paragraph VIII.
PURCHASE AND POSSESSION
No state permit is required for the purchase or possession
of a shotgun, rifle, or handgun.
It is unlawful for any person to sell or furnish a handgun
to a person under 21 years of age.
It is unlawful for any person convicted of a felony to
possess, receive, or transport any firearm.
On and after January 1, 1996, a gun dealer shall not sell or
deliver any handgun to another person, other than a licensed
importer, licensed manufacturer, licensed dealer or licensed
collector, until an instant criminal history background check is
conducted and approved by the Georgia Bureau of Investigation.
The information required to be provided includes one photo
identification, birth date, gender, race, social security or
other identification number of such potential buyer or
transferee. A $5.00 fee to cover the costs of each check will be
collected. Antiques and replicas, curio and relic firearms as
defined by the Bureau of Alcohol, Tobacco and Firearms, and
holders of a permit or license to carry a pistol are exempt from
the instant check.
CARRY
It is unlawful to carry a handgun, openly or concealed, on
or about one's person without a license to carry.
Exceptions: No license is required:
1. To carry a handgun, openly or concealed, in one's home
or place of business.
2. To transport a handgun, unloaded, enclosed in a case
and separated from ammunition, provided the possessor is not
ineligible to obtain a license to carry.
3. To transport a loaded handgun in a private motor
vehicle, provided it is carried in an open manner exposed to
view, or is in the glove compartment.
4. To carry a handgun while hunting or fishing or sport
shooting, provided the person so carrying has any necessary
hunting or fishing license, and has written permission from the
owner of the land on which the activity is being conducted, and
provided the handgun is carried in an open and exposed manner.
A license to carry authorizes a person to carry a handgun on
or about his person, openly or in certain enumerated concealed
positions. These include: in a shoulder or waist belt holster,
hip grip or similar device, handbag, purse, attach‚ case,
briefcase or other closed container. "Carrying on the person in a
concealed manner other than as provided herein shall...be a
violation."
The license to carry, valid for five years, is obtained by
application under oath to the judge of the probate court of the
county where the applicant resides. A $32.00 fee is payable upon
application. Georgia law specifically provides that the
application form "shall not require non-pertinent nor irrelevant
data" from the applicant "such as serial numbers or other
identification capable of being used as a de facto registration
of firearms owned by the applicant."
No license will be issued to:
1. Anyone under 21 years of age.
2. Any person who is a fugitive from justice or who has
felony charges or weapons violations charges pending against him.
3. Any person convicted of a forcible felony who "has not
been free of all restraint or supervision for at least 10 years."
4. Any person convicted of a non-forcible felony or a
forcible misdemeanor who has not been free of supervision for at
least five years. Any person convicted of a weapons carrying
violation, who has not been free of supervision for at least
three years.
5. Any person convicted of a weapons carrying violation,
who has not been free of supervision for at least three years.
After the judge has received the application the applicant
must go to a designated local law enforcement agency for
fingerprinting. The law enforcement agency must investigate the
applicant (including a federal and state criminal record check)
and must report any negative findings back to the judge within 50
days. A report is not required if no derogatory information
bearing on the applicant's eligibility is discovered. The judge
shall issue the license within 60 days if no facts establishing
ineligibility are found and if the judge determines the applicant
has met all qualifications and is of "good moral character."
If the applicant has been hospitalized at a mental hospital
or alcohol or drug treatment center within 5 years of his
application for a license to carry, the judge has discretion,
after considering the recommendation of the Superintendent of the
hospital or treatment center, to issue or deny the license.
The license shall contain the county of issuance,
applicant's name, address, description and a fingerprint, but
does not contain a description of the firearm. The license must
be in the licensee's possession whenever a handgun is being
carried.
ANTIQUES AND REPLICAS
Antique firearm means any firearm including any handgun
manufactured in or before 1898 and any replica of such firearm
not designed or redesigned to use rimfire or conventional
center-fire fixed ammunition or uses rimfire or conventional
center-fire fixed ammunition which is no longer manufactured in
the United States and which is not readily available in the
ordinary channels of commercial trade.
MACHINE GUNS
The purchase, sale, manufacture and possession of machine
guns, defined as "any weapon which shoots or is designed to
shoot, automatically more than six shots without manual reloading
by a single function of the trigger" and "sawed-off" shotguns,
defined as a shotgun "having one or more barrels less than 18
inches in length, or if such weapon as modified has an overall
length less than 26 inches," is prohibited.
Exceptions to this prohibition are any machine guns or
sawed-off shotguns that are inoperable, such as "weapons with
their barrel or barrels filled with lead," and machine guns and
sawed-off shotguns possessed in accordance with the Federal
National Firearms Act.
MISCELLANEOUS PROVISIONS
Deadly weapons, including firearms, may not be carried to
any "public gathering," even by an individual licensed to carry a
firearm. Public gatherings include, but are not limited to,
athletic events, school functions, church functions, political
rallies, all public buildings and all places where alcoholic
beverages are sold for consumption on the premises.
It is unlawful to carry or possess on school property, on a
school bus or other transportation furnished by the school, or at
a school function any firearm without written authorization from
a school official. This prohibition shall not apply to organized
sport shooting, military training, and to a person with a gun
permit or gun in a locked container or locked gun rack when
bringing or picking up a student.
No county or municipal corporation, by zoning or by
ordinance, resolution, or other enactment, shall regulate in any
manner gun shows, the possession, ownership, transport, carrying,
transfer, sale, purchase, licensing, or registration of firearms,
components of firearms, firearms dealers, or dealers in firearms
components.
CITATION: Georgia statutes relating to firearms are: Ga.
Code 16 -11-126 et seq.
CAUTION: State firearms laws are subject to frequent change.
The above summary is not to be considered as legal advice or
a restatement of law. To determine the applicability of
these laws to specific situations which you may encounter,
you are strongly urged to consult a local attorney.
Compiled by:
NRA Institute for Legislative Action
11250 Waples Mill Road
Fairfax, Virginia 22030
1995, NRA Institute for Legislative Action
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Association Institute for Legislative Action, Fairfax, VA.
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