Gun laws in Georgia (U.S. state)
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 Recent court rulings have resulted in many of these ordinances being withdrawn.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). |
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
- ^ 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)
- ^ a b "A Bill To Be Entitled An Act". Legis.state.ga.us. Retrieved November 23, 2011.
- ^ "Senate Bill 396, Georgia General Assembly". Legis.state.ga.us. Retrieved November 23, 2011.