Georgia Gun & Weapons Lawyer: Concealed Carry, Knives, Tasers & Pepper Spray Laws

Georgia Gun Laws: Who Can Carry and Where

Georgia allows adults to keep a firearm in their home, private vehicle, or place of business without any permit. To carry a firearm outside those private spaces, state law historically required a Weapons Carry License. That changed in 2022.

Governor Kemp signed SB 319 – Georgia's constitutional carry law – on April 12, 2022. The law allows any adult who could legally possess a firearm to carry it openly or concealed in most public places without a Weapons Carry License. Lawful carriers no longer need a permit, but every restricted location still applies.

Even with constitutional carry, Georgia prohibits firearms in specific locations. You may not carry a weapon in:

• Government buildings with active security checkpoints
• Courthouses and courthouse grounds
• Jails, prisons, and detention facilities
• Places of worship – unless the congregation grants permission
• Within 150 feet of a polling place during elections
• K-12 schools and school safety zones (with limited exceptions for parents during pickup)
• Nuclear power facilities
• Bars or restaurant bar areas where the owner posts notice forbidding weapons
• Mental health facilities operated by the state

Violating these restrictions can result in misdemeanor or felony charges depending on the location. A person with a prior felony conviction remains barred from possessing any firearm regardless of constitutional carry.

DeKalb County Weapons Carry License: How to Apply

Although Georgia no longer requires a permit to carry, many gun owners still obtain a Weapons Carry License for reciprocity with other states. DeKalb County residents apply through the DeKalb County Probate Court.

The application process requires fingerprinting at the Probate Court office, a completed application form, and a $75 fee. The court runs a background check through GBI and FBI databases. Georgia law requires the Probate Court to issue or deny the license within 50 days of application.

Disqualifying convictions include any felony, certain misdemeanor drug offenses, domestic violence convictions, and involuntary mental health commitments. Applicants in neighboring Clayton County and other metro Atlanta jurisdictions follow the same state requirements but apply through their own county Probate Courts.

If your WCL application is denied, you have the right to appeal. A gun license lawyer can help you challenge the denial, gather supporting documentation, and present your case to the Probate Court judge. Denials based on outdated records or expunged convictions are common grounds for successful appeals.

Misdemeanor Weapons Violations in Georgia

Several weapons offenses in Georgia are classified as misdemeanors. Each carries a maximum penalty of up to 12 months in jail and a $1,000 fine.

Carrying in a prohibited location. Bringing a firearm into a courthouse, place of worship without permission, government, or any other restricted location is a misdemeanor. A second offense at the same type of location could elevate the charge to a felony with up to five years in prison.

Pointing a gun at another person. Pointing a firearm – loaded or unloaded – at another person without legal justification is illegal. Prosecutors charge this as a misdemeanor, though the facts may also support aggravated assault charges.

Discharging a firearm recklessly. Firing a weapon within 50 yards of a public road without legal justification, firing on someone else's property without the owner's consent, or discharging a firearm while intoxicated all fall under reckless firearm discharge and related reckless conduct statutes.

Can You Have a Gun in Your Car in Georgia?

Yes. Any person who is not prohibited from possessing a firearm may keep one in a private motor vehicle. You do not need a Weapons Carry License. The firearm may be loaded and accessible. However, if you are a convicted felon or otherwise barred from possessing firearms, having a gun in your vehicle is a felony. Additionally, if you are pulled over, Georgia law does not require you to inform the officer you have a firearm – but cooperation and calm communication help avoid escalation.

Felony Weapons Charges in Georgia

Felony weapons charges carry severe consequences, including mandatory prison time in some cases. Georgia law treats the following offenses as felonies.

Possession of a firearm by a convicted felon. Any person convicted of a felony who possesses a firearm faces one to ten years in prison. This is one of the most commonly prosecuted weapons felonies in DeKalb County. There is no exception for keeping a firearm in one's own home.

Possession of a firearm during commission of a felony. Carrying or using a firearm during any felony imposes a mandatory five-year consecutive prison sentence. This sentence runs on top of whatever punishment the underlying felony carries.

Providing a firearm to a minor for illegal use. Giving a weapon to anyone under 18 for the purpose of committing a crime is a felony punishable by up to five years in prison and fines reaching $10,000.

Possession of prohibited weapons. Possessing a sawed-off shotgun, sawed-off rifle, or machine is a felony carrying one to five years and fines up to $10,000.

Counterfeit Weapons Carry License. Creating or using a forged WCL is a felony punishable by up to five years.

Some Georgia weapons offenses also trigger federal firearm charges when interstate elements exist. If the firearm crossed state lines, if the defendant is a prohibited person under federal law, or if the offense occurred on federal property, federal prosecutors may bring separate charges with even harsher mandatory minimums.

Georgia Knife Laws: Switchblades, OTF, Butterfly and Gravity Knives

Switchblades are legal to own and carry in Georgia. Many people search to find out whether are switchblades illegal in Georgia – the answer is no. Georgia revised its knife laws significantly, and a knife is defined as any instrument with. Blades under 12 inches are not classified as regulated weapons for carry purposes.

This means the following knives are all legal to own and carry in Georgia without a permit:

• Switchblades and automatic knives – fully legal regardless of blade length under 12 inches
• OTF (out-the-front) knives – legal to own, carry, and purchase
• Butterfly knives (balisongs) – legal with no restrictions for adults
• Gravity knives – legal to carry and possess

If a knife has a blade longer than 12 inches, it is classified as a weapon under Georgia law. Carrying a blade over 12 inches in public requires a Weapons Carry License, though constitutional carry may apply to eligible adults.

What Size Knife Is Legal to Carry in Georgia?

Any knife with a blade under 12 inches may be carried freely by adults in Georgia. No permit is needed. Blades 12 inches or longer require a Weapons Carry License or constitutional carry eligibility. There is no minimum age to possess a pocket knife at home, but minors under 18 face restrictions. Schools and courthouses prohibit knives regardless of blade length. Carrying any knife into a K-12 school safety could result in criminal charges.

Are Tasers and Stun Guns Legal in Georgia?

Yes, tasers and stun guns are legal to purchase, own, and carry in Georgia for adults 18 and older without a permit. Many residents ask are tasers legal in Georgia before purchasing one for personal protection, and state law places no permit requirement on these devices.

However, restricted locations still apply. You may not carry a taser or stun gun into courthouses, government buildings, K-12 schools, or other restricted. Using a taser in self-defense is governed by Georgia's general self-defense statute, which allows reasonable force to defend against an imminent threat of unlawful force.

Using a taser unlawfully – for example, during an argument where no threat of bodily harm exists – could result in aggravated assault charges. Aggravated assault is a felony in Georgia carrying one to twenty years in prison. The legality of the device does not protect the user from criminal liability when force is not justified.

Is Pepper Spray Legal in Georgia?

One of the most common self-defense questions we receive is whether is pepper spray legal in Georgia. The answer is yes. Pepper spray is legal to carry in Georgia for adults 18 and older without any permit. Unlike some states, Georgia places no restrictions on canister size.

Pepper spray is legal only for self-defense purposes. Using it offensively – spraying someone during a dispute, for example – could result in simple battery or aggravated assault charges depending on the injury caused. Pepper spray is prohibited inside courthouses, federal buildings, and K-12 schools. Federal law also bans pepper spray on commercial aircraft regardless of Georgia law.

If you face criminal charges related to pepper spray use, the central question is whether your use of force was reasonable in self-defense. A defense lawyer can evaluate whether the circumstances support a valid self-defense claim.

Why Hire a DeKalb County Gun and Weapons Lawyer

A weapons charge in Georgia – whether misdemeanor or felony – demands a lawyer who understands both the law and the local court system. A gun case lawyer does more than show up on your court date. The defense begins with challenging the legality of the traffic stop or encounter that led to the weapon being discovered. If police violated your Fourth Amendment rights, the weapon may be suppressed and the case dismissed.

Common defenses in Georgia weapons cases include:

• Unlawful search and seizure – Police need probable cause or a valid exception to search your person, vehicle, or home. Without it, the evidence may be inadmissible.
• Valid carry authorization – Constitutional carry or a valid WCL may provide a complete defense to carry charges, including circumstances involving Joshua's law.
• Transient possession – Briefly handling a weapon without intent to exercise control may negate a possession charge.
• Lack of knowledge – If you did not know a firearm was present – for example, in a borrowed vehicle – prosecutors may struggle to prove the possession element.
• Self-defense – Georgia's stand-your-ground law provides broad protections for those who use weapons to defend against imminent threats.

In our years defending weapons charges in the Stone Mountain Judicial Circuit, we have seen how DeKalb County prosecutors treat first-time carry violations differently than felon-in-possession cases. First offenders may qualify for pretrial diversion programs or first-offender treatment, which could result in no permanent conviction on your record. Repeat offenders or those facing felony charges need aggressive representation from a gun possessions lawyer near me who knows how local judges handle sentencing.

If you need a gun possessions crime criminal defense lawyer near me who will fight for your rights, the attorneys at Kohn & Yager LLC are ready to help. Our team has earned a reputation as the best gun lawyer option in the DeKalb County area through years of dedicated criminal defense work.

Frequently Asked Questions About Georgia Weapons Laws

Do I need a permit to carry a gun in Georgia in 2026?

No. Since Georgia enacted SB 319 in 2022, adults who may lawfully possess a firearm can carry it openly or concealed without a Weapons Carry License. However, prohibited locations still apply, and convicted felons remain barred from possessing any firearm. Many gun owners still obtain a WCL for reciprocity when traveling to other states that honor Georgia permits.

What size knife is legal to carry in Georgia?

Any knife with a blade under 12 inches is legal to carry without a permit in Georgia. Blades 12 inches or longer are classified as weapons and require a Weapons Carry License or constitutional carry eligibility. Schools and courthouses prohibit knives of any blade length.

Are switchblades and butterfly knives illegal in Georgia?

No. Switchblades, butterfly knives, OTF knives, and gravity knives are all legal to own and carry in Georgia. The state does not restrict knife types. Only blade length matters – blades under 12 inches carry no restrictions for adults. Minors face additional limitations, and schools prohibit all knives regardless of type.

Is pepper spray legal to carry in Georgia without a permit?

Yes. Pepper spray is legal to purchase and carry in Georgia for adults 18 and older. No permit is required, and Georgia does not limit canister size. Pepper spray must be used only for self-defense. Using it offensively may result in battery or aggravated assault charges. Federal buildings, courthouses, and commercial aircraft prohibit pepper spray.

What is the penalty for possession of a firearm by a convicted felon in Georgia?

A convicted felon who possesses a firearm faces one to ten years in prison. There are no exceptions for keeping the firearm at home. If the firearm was used during another felony, a mandatory five-year consecutive sentence applies. Federal charges under federal firearm law may also apply.

Speak With a DeKalb County Gun and Weapons Defense Lawyer

Weapons charges move fast in DeKalb County. After an arrest, you may face a first-appearance hearing within 48 to 72 hours. What happens at that hearing – bail conditions, bond amount, and initial charging decisions – can shape the entire case. You need a defense lawyer before that hearing, not after.

When you call Kohn & Yager LLC, you will speak directly with an attorney who handles weapons cases. Your first consultation is free, confidential, and available 24 hours a day, 7 days a week. On that call, we will review the facts of your arrest, discuss bail strategy, and map out your next steps so you know exactly what to expect.

Do not wait for charges to escalate. Call Kohn & Yager LLC at (404) 567-5515 or use the contact form below to get started today.