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Georgia Constitutional Carry Laws |
Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.
Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.
- Homes, Motor Vehicles, and Private Property: Specific conditions allow for the carrying of weapons in these locations without a license.
- Licensed Individuals from Other States: Individuals licensed to carry in another state are permitted to carry in this state, provided they comply with local laws. However, states are not required to recognize licenses held by individuals under 21 years old.
- State Recognition: The Attorney General must maintain a list of states that recognize licenses from this state on the Department of Law’s website.
- Agreements with Other States: The Attorney General will establish agreements with states that require mutual recognition of licenses.
- Total Cost: $73.25, payable to the Gwinnett County Probate Court by cash, personal check (no starter, third-party, or business checks), or credit card (Visa, Mastercard, Discover). Fees are non-refundable.
- Fee Waiver: License fees are waived, except for a $7.00 charge for creating the physical license. Proof of retirement is required.
- Citizenship: Must be a U.S. citizen or eligible lawful alien (additional documentation needed).
- Age: Must be 21 or older, or 18 if active duty military or honorably discharged.
- Residency: Must be a resident of Muscogee County or active duty U.S. Armed Forces residing in Columbus/Fort Benning.
- Documentation Required:
- Birth Certificate or U.S. Passport
- Driver’s License/State ID with current Muscogee County address
- Active duty military with out-of-state Driver’s License must also provide military ID and a current lease or utility bill (power, water, gas) showing Muscogee County/Fort Benning address.
Fee: $79.00 ($78.25 application fee + optional $0.75 for stamp and envelope). Alternatively, applicants can bring a self-addressed stamped envelope and pay only the application fee.
A “Lawful Weapons Carrier” includes anyone licensed under Code Section 16–11–129, eligible for a license, residents from other states who meet the eligibility requirements (excluding residency), and those licensed in other states.
Lawful carriers may carry weapons in parks, historic sites, recreational areas, wildlife management areas, and on public transportation, except where prohibited by federal law.
Carrying a weapon or long gun is prohibited in the following locations:
- Government buildings without being a lawful carrier.
- Courthouses.
- Jails or prisons.
- Places of worship unless permitted.
- State mental health facilities for involuntary treatment.
- Nuclear power facilities.
- Within 150 feet of polling places during elections.
- Legal proceedings with secured weapons as exhibits.
- Notification and compliance with security personnel directives upon arrival at prohibited locations.
- Weapons in a motor vehicle’s locked compartment or firearms rack.
Lawful carriers may carry in government buildings when open and not restricted by security. Failure to clear security must result in immediate exit to avoid misdemeanor charges. Non-lawful carriers attempting entry with a weapon face misdemeanor charges.
Violations by lawful carriers in places of worship result in a fine up to $100. Non-lawful carriers face misdemeanor charges.
This section does not affect exemptions provided under Code Section 16–11–130.
No
In Georgia, “No Firearm” signs do not have the force of law unless posted on property explicitly mentioned in state law as off-limits for those with a permit or license to carry. If you are asked to leave a location not specified in the law, you must comply. Refusal to leave can result in legal charges. Always be cautious, as responding police officers may not be familiar with specific trespass laws and could arrest you, even if you are within your rights.
It is advisable not to enter establishments with “No Firearms” signs, regardless of state laws regarding signage. Consider giving a “No Guns = No Money” card to the owner of such establishments. Respecting property owners’ rights, even when disagreeing, is an important aspect of responsible gun ownership and upholding the Second Amendment.
Georgia law prohibits private or public employers, including the state and its subdivisions, from enforcing policies that allow searching locked, privately owned vehicles of employees or guests on employer parking lots.
Employers cannot require prospective employees to agree not to have firearms or ammunition in their locked vehicles on the employer’s parking lot, provided the employee is a lawful weapons carrier.
- Searches by law enforcement with valid warrants or based on probable cause under exigent circumstances.
- Vehicles owned or leased by the employer.
- Situations where accessing a vehicle is necessary to prevent immediate threats to health, life, or safety.
- Searches consented to by employees for loss prevention based on probable cause.
Certain locations and situations are exempt from these provisions, including secure parking areas, penal institutions, utility facilities, and areas with federal restrictions.
Employers are not liable for incidents involving firearms stored in vehicles unless they commit a criminal act or knew someone would use a firearm criminally on their premises. There is no new duty imposed on employers regarding employee at-will status.
Employers complying with safety laws have a complete defense in related actions. Plaintiffs in lawsuits about workplace firearm use may be liable for legal costs if the employer prevails.
The rights of property owners or those in control of property through leases or agreements are maintained, particularly if they are also employers.
Under Georgia law, individuals who are not prohibited from possessing firearms can carry a long gun on their property or inside their home, motor vehicle, or place of business.
- Individuals not prohibited by law may carry a long gun in their vehicle.
- Lawful weapons carriers can transport handguns or long guns in private vehicles. However, private property owners can exclude or eject individuals carrying weapons on their property, subject to certain conditions.
- Individuals licensed to carry in states that recognize Georgia permits may carry in Georgia, provided they comply with state laws. Licenses are not recognized for individuals under 21.
- The Attorney General maintains a list of states that recognize Georgia licenses.
Lawful weapons carriers may carry firearms in parks, historic sites, recreational areas, wildlife management areas, and on public transportation, except where prohibited by federal law.
No permit is required to carry a firearm inside your own vehicle, either openly or concealed. However, carrying in someone else’s vehicle requires the owner’s permission.
- The regulation of firearms and other weapons is considered a state-wide concern.
- The General Assembly states that the lawful design, marketing, manufacture, and sale of firearms and ammunition are not inherently dangerous and do not constitute a nuisance.
- No county or municipal corporation, nor any state agency, board, department, commission, or authority, may regulate:
- Gun shows
- Possession, ownership, transport, carrying, transfer, sale, purchase, licensing, or registration of firearms or other weapons
- Firearms dealers or dealers of other weapons
- Dealers in components of firearms or other weapons
- Only the state has the authority to bring lawsuits against firearms or ammunition manufacturers, trade associations, or dealers for issues related to their lawful design, manufacture, marketing, or sale.
- Local governments may regulate the transport, carrying, or possession of firearms by their employees or volunteers during their official duties, provided these regulations align with state and federal laws.
- Sheriffs, chiefs of police, and commanding officers of law enforcement agencies have specific authority over their personnel regarding firearms regulations.
- Municipalities or counties may require the ownership of guns by heads of households.
- Municipalities or counties may limit or prohibit the discharge of firearms within their boundaries.
- The term “weapon” includes any device intended for offense or defense, such as firearms, bladed devices, clubs, electric stun devices, and defense sprays.
- Individuals aggrieved by violations of this section may bring an action for damages, including actual damages or $100, equitable relief, attorney’s fees, and other appropriate relief.
- The Governor can declare a state of emergency or disaster due to natural or human-caused events, pandemics, or public health emergencies.
- A special session of the General Assembly is required for public health emergencies, convening two days after such a declaration.
- The state of emergency continues until the Governor determines the threat has passed or conditions have improved. It cannot exceed 30 days without renewal, and the General Assembly can terminate it anytime.
- The Governor may:
- Prescribe evacuation routes and modes of transportation.
- Control access to disaster areas and movement within them.
- Regulate the sale and transport of alcoholic beverages and combustibles, excluding firearms and ammunition.
- Officials, National Guard members, or anyone acting under state law cannot:
- Seize firearms or ammunition unless permitted by criminal or forfeiture laws.
- Prohibit possession of firearms or ammunition that was legal before the emergency.
- Prevent licensed individuals from carrying weapons if it was legal before the emergency.
- Require firearm registration.
- Federal laws may apply if the state receives federal assistance during emergencies. Refer to US Code 42–5207 for details on federal laws concerning states of emergencies.
