Jump to content

Gun laws in Georgia (U.S. state): Difference between revisions

From Wikipedia, the free encyclopedia
Content deleted Content added
edit info
Updated the table of restrictions to refer better to the correct code sections and updated the language to be a little more accurate.
Line 3: Line 3:
{| class="wikitable" style="font-size:85%; width:95%;"
{| class="wikitable" style="font-size:85%; width:95%;"
|-
|-
! Subject/Law !! Long guns!! Handguns !! Relevant Statutes !! Notes
! Subject/Law !! {{nowrap|Long guns}} !! Handguns !! {{nowrap|Relevant Statutes}} !! Notes
|-
|-
| State Permit to Purchase? || No || No || None ||
| State Permit to Purchase? || No || No || None ||
Line 11: Line 11:
| "Assault weapon" law? || No || No || None ||
| "Assault weapon" law? || No || No || None ||
|-
|-
| Magazine Capacity Restriction? || No || No || ||
| Magazine Capacity Restriction? || No || No || None ||
|-
|-
| Owner license required? || No || No || None ||
| Owner license required? || No || No || None ||
|-
|-
| Carry permits issued? || Yes || Yes<ref name="PER"> Georgia's firearms weapons permit statute contains an important exception to its "shall issue" language which allows a local judge to deny issuance based solely on a determination that the applicant "is not of good moral character". See [http://www.handgunlaw.us/states/georgia.pdf O.C.G.A. § 16-11-129(c)(4)]</ref> || [http://www.georgiapacking.org/GaCode/?title=16&chapter=11&section=129 OCGA §16-11-129] || Concealed or open carry allowed with permit. See also [http://www.georgiapacking.org/GaCode/?title=43&chapter=38&section=10 OCGA §43–38–10] which is a special permit for armed security guards.
| Carry permits issued? || Yes || Yes<ref name="PER"> Georgia's firearms weapons permit statute contains an important exception to its "shall issue" language which allows a local judge to deny issuance based solely on a determination that the applicant "is not of good moral character". See [http://www.handgunlaw.us/states/georgia.pdf O.C.G.A. § 16-11-129(c)(4)]</ref> || [http://www.georgiapacking.org/GaCode/?title=16&chapter=11&section=129 {{nowrap|O.C.G.A § 16-11-129}}] || Concealed or open carry allowed with permit. See also [http://www.georgiapacking.org/GaCode/?title=43&chapter=38&section=10 O.C.G.A § 43–38–10] which is a special permit for armed security guards.
|-
|-
| Open Carry? || Yes || Restricted || [http://www.georgiapacking.org/GaCode/?title=16&chapter=11&section=129 OCGA §16-11-129] || Open carry of handguns prohibited without permit and local approval by judge of probate court
| Open Carry? || Yes || Restricted || [http://www.georgiapacking.org/GaCode/?title=16&chapter=11&section=126 {{nowrap|O.C.G.A § 16-11-126}}] || Open carry of handguns prohibited without a valid license issued under [http://www.georgiapacking.org/GaCode/?title=16&chapter=11&section=126 O.C.G.A § 16-11-129].
|-
|-
| State Preemption of local restrictions? || Yes || Yes || [http://www.georgiapacking.org/GaCode/?title=16&chapter=11&section=173 OCGA §16-11-173] || Despite state preemption, several localities continue to have local gun restrictions. Recent court rulings have resulted in many of these ordinances being withdrawn.
| State Preemption of local restrictions? || Yes || Yes || [http://www.georgiapacking.org/GaCode/?title=16&chapter=11&section=173 {{nowrap|O.C.G.A § 16-11-173}}] || Despite state preemption, several localities continue to have local gun restrictions. Recent court rulings have resulted in many of these ordinances being withdrawn.
|-
|-
| NFA weapons restricted? || No || No || None ||
| NFA weapons restricted? || No || No || None ||
Line 25: Line 25:
| Peaceable Journey laws? || No || No || None || Federal rules observed.
| Peaceable Journey laws? || No || No || None || Federal rules observed.
|-
|-
| Unlicensed open carry? || Yes || No || [http://www.georgiapacking.org/GaCode/?title=16&chapter=11&section=128 OCGA 16-11-128] || Open carry of handguns in Georgia requires a Georgia Weapons License (GWL) approved by a local magistrate, or a recognized out-of-state permit, for open carry of any handgun outside of one's home, property, motor vehicle, or place of business.
| Unlicensed open carry? || Yes || Restricted || [http://www.georgiapacking.org/GaCode/?title=16&chapter=11&section=126 {{nowrap|O.C.G.A § 16-11-126}}] || A person may not carry a handgun openly in Georgia without having a valid Georgia Weapons License (GWL) unless he or she meets one of the exceptions under [http://www.georgiapacking.org/GaCode/?title=16&chapter=11&section=126 O.C.G.A. § 16-11-126(a)-(g)]. Openly carrying a handgun without a GWL in one's home, motor vehicle, or place of business is covered by the exception in section 16-11-126(a).
|}</onlyinclude>
|}</onlyinclude>



Revision as of 15:56, 28 July 2013

Gun laws in Georgia regulate the sale, possession, and use of firearms and ammunition in the state of Georgia in the United States.

Subject/Law Long guns Handguns Relevant Statutes Notes
State Permit to Purchase? No No None
Firearm registration? No No None
"Assault weapon" law? No No None
Magazine Capacity Restriction? No No None
Owner license required? No No None
Carry permits issued? Yes Yes[1] O.C.G.A § 16-11-129 Concealed or open carry allowed with permit. See also O.C.G.A § 43–38–10 which is a special permit for armed security guards.
Open Carry? Yes Restricted O.C.G.A § 16-11-126 Open carry of handguns prohibited without a valid license issued under O.C.G.A § 16-11-129.
State Preemption of local restrictions? Yes Yes O.C.G.A § 16-11-173 Despite state preemption, several localities continue to have local gun restrictions. Recent court rulings have resulted in many of these ordinances being withdrawn.
NFA weapons restricted? No No None
Peaceable Journey laws? No No None Federal rules observed.
Unlicensed open carry? Yes Restricted O.C.G.A § 16-11-126 A person may not carry a handgun openly in Georgia without having a valid Georgia Weapons License (GWL) unless he or she meets one of the exceptions under O.C.G.A. § 16-11-126(a)-(g). Openly carrying a handgun without a GWL in one's home, motor vehicle, or place of business is covered by the exception in section 16-11-126(a).
Location of Georgia in the United States

On June 8, 2010, Senate Bill 308 was signed by Governor Sonny Perdue reforming and clarifying many of Georgia's Gun Laws, while leaving certain restrictions in place.[1][2]

While Georgia is generally considered to be a "shall issue" state, the actual Georgia firearms permit statute requires the permit applicant to obtain approval of the local county probate court judge, who can deny issuance based solely on a determination that the applicant "is not of good moral character".[1] Georgia recognizes permits from any other state which recognizes Georgia's permit.

Any person who may legally own a firearm may carry a firearm in their home, place of business, and vehicle without a permit. Georgia requires loaded long guns to be carried openly unless the possessor has a Georgia Weapons License.

State preemption laws prohibit localities from regulating the ownership, transportation, and possession of firearms. Georgia also has a law preventing localities from enacting ordinances or lawsuits to classify gun ranges as nuisances.

Firearm regulations are uniform throughout the state, and a firearms permit is valid throughout the state, in all areas other than in a few specially-defined areas. These specially-defined prohibited areas include:

  • In a government building
  • In a courthouse
  • In a place of worship
  • In a state mental health facility
  • In a bar, unless the owner of the bar permits the carrying of weapons by license holders
  • On the premises of a nuclear power facility
  • Within 150 feet (46 m) of any polling place
  • In any school building or on school grounds

As exceptions to the above list, a person may keep their firearm in a locked compartment of their vehicle at any of the above places except nuclear power facilities. Also, a person may approach security or management of any of the above places (except schools and nuclear power facilities) and ask them for directions on removing, securing, storing, or temporarily surrendering the weapon.[2]

As of July 1, 2006, Georgia became a "Castle Doctrine" state, and requires no duty to retreat before using deadly force in self defense, or defense of others.[3]

Georgia law allows private firearm sales between residents without requiring any processing through an FFL.

A Kennesaw, GA city ordinance requires that all homeowners own a firearm and ammunition (Sec 34-1a). No one has ever been charged with violating this ordinance. An amendment exempts those who conscientiously object to owning a firearm, convicted felons, those who cannot afford a firearm, and those with a mental or physical disability that would prevent them from owning a firearm.

References

  1. ^ a b c Georgia's firearms weapons permit statute contains an important exception to its "shall issue" language which allows a local judge to deny issuance based solely on a determination that the applicant "is not of good moral character". See O.C.G.A. § 16-11-129(c)(4)
  2. ^ a b "A Bill To Be Entitled An Act". Legis.state.ga.us. Retrieved November 23, 2011.
  3. ^ "Senate Bill 396, Georgia General Assembly". Legis.state.ga.us. Retrieved November 23, 2011.