Georgia Criminal Defense Lawyer Blog
Do you have to obtain a permit to carry a gun in Georgia? The answer is no. Georgia passed a new weapons carry law on April 12, 2022 that allows people to carry handguns in public without needing a permit. This 2022 ‘constitutional carry’ law changed how a Georgia gun license works, but many gun laws in GA still restrict where and who can carry. And the law only applies to those who currently are lawful weapons carriers.
Who Can Carry Under Georgia Gun Laws?
A “lawful weapons carrier” is defined as:
- Anyone eligible for a weapons carry license under Georgia law (whether or not they have a current carry permit)
- A resident of any other state who would be eligible for a Georgia weapons carry license
- Anyone licensed to carry a weapon in any other state
Even though the concealed carry law has been loosened, law enforcement can still arrest you for carrying a weapon without a license. This is especially true if you are not legally allowed to carry weapons (convicted felon), or if you are carrying in a restricted area.
Certain locations remain off-limits for carrying weapons, even for lawful weapons carriers. These include government buildings, courthouses, jails, schools, and airports. Carrying in these locations could result in arrest.
Private property owners still have the right to prohibit weapons on their property.
If you are not sure about whether you can carry in a certain place, it’s best to talk to a gun rights lawyer at Kohn & Yager. Our 3 criminal defense attorneys have a combined 95 years of courtroom experience.
Who Cannot Carry a Gun in GA?
However, it is still illegal for certain individuals to carry weapons in Georgia, including:
- Convicted felons cannot carry a concealed weapon because felons cannot possess a firearm at any time anywhere. This applies to both in-state and out-of-state felony convictions. Violating this prohibition is itself a felony punishable by up to 5 years in prison.
- In addition to felonies, certain misdemeanor convictions can also prohibit firearm possession, such as domestic violence offenses.
- Those adjudicated or legally determined to have a mental illness
- Individuals under 21 years old (unless they are active U.S. military)
If you are not sure if owning and carrying a pistol, revolver, rifle, or shotgun is legal given your background, call Larry Kohn or Cory Yager at (404) 567-5515 to set up a free lawyer consultation in person or on the phone. Georgia gun laws change year to year so it’s smart to consult with a criminal defense attorney who knows the latest Georgia gun carry permit laws.
Can a Convicted Felon Get a Weapons Carry License?
The process for a convicted felon to petition for a weapons carry license in Georgia is as follows:
Pardon Application:
The primary method for a convicted felon to regain firearm rights in Georgia is to apply for a pardon from the Georgia State Board of Pardons and Paroles. A pardon is an order of official forgiveness granted to an individual for a crime.
Eligibility Requirements:
- The applicant must have completed all sentences at least five years prior to applying.
- They must have lived a law-abiding life during those five years.
- All fines and restitution associated with the conviction must be paid in full.
Application Process:
- The applicant must submit a completed pardon application to the Georgia State Board of Pardons and Paroles.
- The application should include detailed information about the conviction, sentence, and the applicant’s life since the conviction.
Board Review:
- The Board will conduct an investigation and review of the application.
- This process typically takes several months to complete.
Decision:
If granted, a pardon may restore various rights, including the right to possess firearms.
However, it’s important to note that a pardon does not expunge or erase the conviction from the record.
Firearms Rights Restoration:
Even if a pardon is granted, it may not automatically restore firearms rights.
The pardon must specifically state that it restores the right to receive, possess, or transport firearms.
Federal Considerations:
Even if state rights are restored, federal law may still prohibit firearm possession for certain offenses.
It’s crucial to understand that this process can be complex and time-consuming. The Board has discretion in granting pardons, and there’s no guarantee of approval. Additionally, even if a pardon is granted, it may not automatically result in the ability to obtain a weapons carry license.
Given the complexity of this process and its potential legal implications, it’s highly advisable for individuals in this situation to consult with a legal professional who specializes in firearms law and rights restoration in Georgia.
Penalties for Carrying a Concealed Weapon Without a Georgia License
Before the new law, carrying a weapon without a license was considered a minor offense. Georgia has made it easier to carry weapons without a license.
However, there are still restrictions on who can carry and where they can carry. Violations of these remaining restrictions can result in criminal charges. Similar gun laws exist in the United States.
The punishment for this offense was up to one year in jail and a $1000 fine. A second offense within 5 years was a felony, with a minimum sentence of 2 years and a maximum of 5 years in prison. This conviction will show up on a background check.
Georgia police still issue gun licenses, which can be useful for carrying in other states with agreements. Contact your local police department issuing concealed carry permits to obtain a permit.
Non-residents must follow federal laws and any restrictions from their home state. Non-residents in Georgia can carry long guns without a license if they meet the criteria of a “lawful weapons carrier.” This includes being eligible for a Georgia weapons carry license (if they were a resident) or having a valid weapons carry license from another state.
Law enforcement officers have discretion in enforcing these laws. If they have probable cause to believe you are carrying a weapon illegally, they can make an arrest.
The severity of the charges can range from minor to serious. The outcome depends on the specific situation and any previous offenses.
Special Situations Under Georgia Gun Laws (Cars, Hunting, Private Property)
There are some circumstances where carrying a weapon without a license might be considered justified in Georgia:
- On private property: Any person who is not prohibited by law from possessing a handgun or long gun may carry a weapon on their own property, inside their home, motor vehicle, or place of business without a license.
- Hunting or fishing: Anyone with a valid hunting or fishing license, or those not required to have such a license, may carry a weapon while engaged in legal hunting, fishing, or sport shooting with the property owner’s permission.
- You can carry a handgun or long gun in your car without a license.
- Georgia now allows people to carry handguns openly or concealed in public without a license or permit. This law, known as “constitutional carry,” was enacted on April 12, 2022.
- This applies to people who can legally carry weapons in Georgia, even if they don’t have a license. It includes people from other states who can get a Georgia license, and anyone with a license from another state.
- Age exceptions: Most people must be 21 or older to carry a gun. Exceptions to the age requirement for carrying a gun include individuals who are 18 or older and in the military. They must have completed basic training and be able to provide proof of active duty or honorable discharge. These individuals may be allowed the legal carry of firearms without a license.
In Georgia, you don’t need firearm safety training or to demonstrate gun proficiency for a weapons carry license. This means that anyone can get a license to carry a weapon without proving they can use it safely. The state does not require individuals to show they are knowledgeable about firearms before obtaining a license. Contact your local law enforcement agency for more information.
Frequently-Asked Questions
Do you still need a Georgia gun license after constitutional carry?
Georgia became a constitutional carry state in 2022. This means that lawful gun owners can carry a weapon either concealed, or open carry. But you can still apply for and obtain a Georgia weapons carry license, or WCL. A WCL gives a gun owner additional benefits over having no license. for example, a WCL allows you to carry a handgun in many other reciprocal states that recognize Georgia’s WCL license. Constitutional carry rights are generally limited to your state of residence, which means not every state has the same rights. A WCL also shows a judge you are serious and responsible about gun ownership, which may help if you are involved in a self-defense case.
What are the main gun laws in GA about where you can carry?
Georgia gun laws restrict where you can carry a gun and these laws are common around the U.S. They include prohibited areas like school zones, local and federal government buildings, and places of worship. Certain exceptions can be granted by a judge for people who need to carry a weapon for work.
Can a convicted felon ever get a Georgia gun license?
The answer is yes, but it will be very difficult to do. Generally you have to wait five years after completing all sentences, including probation and payment of fines. Call Bubba Head at (404) 567-5515 to learn the steps we can take to restore your gun rights after a felony conviction.
Although not mandatory, training is highly recommended by firearms experts and organizations for those who own and use guns responsibly.
Permit holders should practice good firearms safety by starting with professional firearms training at a local gun range. Carrying a weapon in your car without a license is legal in Georgia. Call Larry Kohn at (404) 567-5515 to set up your free lawyer consultation where your questions will be answered.