Georgia

Georgia Permit EligibilityTo apply for a WCL, you must:

1. Meet at least one of these age-related requirements:
   • Be 21 or older
   • Be 18 or older if you are in the military, have completed basic training, and can provide proof that you are either on active duty or have been honorably discharged
2. Be a Georgia resident
3. Be a U.S. citizen or legal resident
4. Have no felony convictions or pending criminal proceedings
5. Have no drug convictions (Examples: using or possessing drugs, making drugs, distributing a controlled substance)*
6. Have no other disqualifying convictions (Examples: carrying a concealed weapon without a license, domestic violence)*
7. Have not been in a mental hospital or drug or alcohol treatment center within the last 5 years*
8. Have not been committed to a mental hospital against your will

Ga. Code § 16-11-129 (2)

Georgia Permit Application Process

1. Bring these required materials to the county probate court:
   • Proof of identity
   • Proof of Georgia residency
   • Proof of U.S. citizenship or your INS number
   • Form of payment (the average fee is $75, but it varies by county; call your county probate court for details about the cost and acceptable forms of payment)
   • Self-addressed stamped envelope (if you would like to have your license mailed to you versus pick it up in person)
2. Request a WCL application from the clerk
3. Fill out and submit the application
4. Pay the license fee
5. Provide your fingerprints (depending on the probate court’s process, they will either take your fingerprints there or give you a Law Enforcement Affidavit to have your fingerprints taken at a Police Department; you will need to do this within 5 days of submitting your application)

Within 5 days, a county probate judge will request a criminal history records check and a background check.

After about 30 days, law enforcement will finish its background check and determine whether you can receive a WCL.

• WCL’s are valid for 5 years
• At least 2 months before your WCL expires, you should return to probate court to apply for a renewal

Ga. Code § 16-11-129

Georgia Permitless Carry

Senate Bill 319, The Georgia Constitutional Carry Act, became effective on April 12, 2022. Now, any “Lawful Weapons Carrier” may carry a handgun openly or concealed without obtaining a permit. Prohibited areas still apply.

(2.1) 'Lawful Weapons Carrier' means any person who is licensed or eligible for a license pursuant to
Code Section 16-11-129 and who is not otherwise prohibited by law from possessing a weapon or long
gun, any resident of any other state who would otherwise be eligible to obtain a license pursuant to such
Code section but for the residency requirement, and any person licensed to carry a weapon in any other
state.

Ga. Code § 16-11-125.1

Georgia Preemption Law

a1. It is declared by the General Assembly that the regulation of firearms and other weapons is properly an issue of general, state-wide concern.

a2. The General Assembly further declares that the lawful design, marketing, manufacture, and sale of firearms and ammunition and other weapons to the public is not unreasonably dangerous activity and does not constitute a nuisance per se.

b1. Except as provided in subsection (c) of this Code section, no county or municipal corporation, by zoning, by ordinance or resolution, or by any other means, nor any agency, board, department, commission, political subdivision, school district, or authority of this state, other than the General Assembly, by rule or regulation or by any other means shall regulate in any manner:

• Gun shows;
• The possession, ownership, transport, carrying, transfer, sale, purchase, licensing, or registration of firearms or other weapons or components of firearms or other weapons;
• Firearms dealers or dealers of other weapons; or
• Dealers in components of firearms or other weapons.

b2. The authority to bring suit and right to recover against any weapons, firearms, or ammunition manufacturer, trade association, or dealer by or on behalf of any governmental unit created by or pursuant to an Act of the General Assembly or the Constitution, or any department, agency, or authority thereof, for damages, abatement, or injunctive relief resulting from or relating to the lawful design, manufacture, marketing, or sale of weapons, firearms, or ammunition to the public shall be reserved exclusively to the state. This paragraph shall not prohibit a political subdivision or local government authority from bringing an action against a weapons, firearms, or ammunition manufacturer or dealer for breach of contract or express warranty as to weapons, firearms, or ammunition purchased by the political subdivision or local government authority.

Ga. Code § 16-11-173

Georgia does not have specific state laws regarding the purchase or transfer of firearms.

Georgia has no laws restricting the ammunition capacity of magazines.

 

Georgia Prohibited AreasExcept as provided in Code Section 16-11-127.1 and subsection (d) or (e) of this Code section, a person shall be guilty of carrying a weapon or long gun in an unauthorized location and punished as for a misdemeanor when he or she carries a weapon or long gun while:

1. In a government building without being a lawful weapons carrier;
2. In a courthouse;
3. In a jail or prison;
4. In a place of worship, unless the governing body or authority of the place of worship permits the carrying of weapons or long guns by persons who are lawful weapons carriers;
5. In a state mental health facility as defined in Code Section 37-1-1 which admits individuals on an involuntary basis for treatment of mental illness, developmental disability, or addictive disease; provided, however, that carrying a weapon or long gun in such location in a manner in compliance with paragraph (3) of subsection (d) of this Code section shall not constitute a violation of this subsection;
6. On the premises of a nuclear power facility, except as provided in Code Section 16-11-127.2, and the punishment provisions of Code Section 16-11-127.2 shall supersede the punishment provisions of this Code section; or
7. Within 150 feet of any polling place when elections are being conducted and such polling place is being used as a polling place as provided for in paragraph (27) of Code Section 21-2-2, except as provided in subsection (i) of Code Section 21-2-413.

Ga. Code § 16-11-127(b)

Schools & School Events

1. Except as otherwise provided in subsection (c) of this Code section, it shall be unlawful for any person to carry to or to possess or have under such person's control while within a school safety zone, at a school function, or on a bus or other transportation furnished by a school any weapon or explosive compound, other than fireworks or consumer fireworks the possession of which is regulated by Chapter 10 of Title 25.
2. Except as provided for in paragraph (20) of subsection (c) of this Code section, any lawful weapons carrier who violates this subsection shall be guilty of a misdemeanor. Any person who is not a lawful weapons carrier who violates this subsection shall be guilty of a felony and, upon conviction thereof, be punished by a fine of not more than $10,000.00, by imprisonment for not less than two nor more than ten years, or both.
3. Any person convicted of a violation of this subsection involving a dangerous weapon or machine gun, as such terms are defined in Code Section 16-11-121, shall be punished by a fine of not more than $10,000.00 or by imprisonment for a period of not less than five nor more than ten years, or both.

Ga. Code § 16-11-127.1 (b)

Georgia has no law prohibiting a “Lawful Weapons Carrier” from openly carrying a handgun.

Weapons Prohibited Signs

A “No Weapons Allowed” sign does not have the force of law in Georgia. However, the law states:

Any lawful weapons carrier shall be authorized to carry a weapon as provided in Code Section 16-11-135 and in every location in this state not listed in subsection (b) or prohibited by subsection (e) of this Code section; provided, however, that private property owners or persons in legal control of private property through a lease, rental agreement, licensing agreement, contract, or any other agreement to control access to such private property shall have the right to exclude or eject a person who is in possession of a weapon or long gun on his or her private property in accordance with paragraph (3) of subsection (b) of Code Section 16-7-21, except as provided in Code Section 16-11-135. A violation of subsection (b) of this Code section shall not create or give rise to a civil action for damages.

Ga. Code § 16-11-127(c)

Consumption of Alcohol

a. It shall be unlawful for any person to discharge a firearm while:

1. Under the influence of alcohol or any drug or any combination of alcohol and any drug to the extent that it is unsafe for the person to discharge such firearm except in the defense of life, health, and property;
2. The person's alcohol concentration is 0.08 grams or more at any time while discharging such firearm or within three hours after such discharge of such firearm from alcohol consumed before such discharge ended; or
3. Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the person's blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the person's breath or blood.

b. The fact that any person charged with violating this Code section is or has been legally entitled to use a drug shall not constitute a defense against any charge of violating this Code section; provided, however, that such person shall not be in violation of this Code section unless such person is rendered incapable of possessing or discharging a firearm safely as a result of using a drug other than alcohol which such person is legally entitled to use.

c. Any person convicted of violating subsection (a) of this Code section shall be guilty of a misdemeanor of a high and aggravated nature.

Ga. Code § 16-11-134

Employers’ Parking Lots

a. Except as provided in this Code section, no private or public employer, including the state and its political subdivisions, shall establish, maintain, or enforce any policy or rule that has the effect of allowing such employer or its agents to search the locked privately owned vehicles of employees or invited guests on the employer's parking lot and access thereto.

b. Except as provided in this Code section, no private or public employer, including the state and its political subdivisions, shall condition employment upon any agreement by a prospective employee that prohibits an employee from entering the parking lot and access thereto when the employee's privately owned motor vehicle contains a firearm that is locked out of sight within the trunk, glove box, or other enclosed compartment or area within such privately owned motor vehicle, provided that any applicable employees possess a Georgia weapons carry license.

d. Subsections (a) and (b) of this Code section shall not apply:

To an employer providing applicable employees with a secure parking area which restricts general public access through the use of a gate, security station, security officers, or other similar means which limit public access into the parking area, provided that any employer policy allowing vehicle searches upon entry shall be applicable to all vehicles entering the property and applied on a uniform and frequent basis.

Ga. Code § 16-11-135

Georgia does not have any laws specifically related to how firearms must be stored.

There is no duty to inform in Georgia

“A person carrying a weapon shall not be subject to detention for the sole purpose of investigating whether such person has a weapons carry license, whether such person is exempt from having a weapons carry license pursuant to Code Section 16-11-130 or subsection (c) of Code Section 16-11-127.1, or whether such person is a lawful weapons carrier as defined in Code Section 16-11-125.1.”

Ga. Code § 16-11-137

Georgia does not have Emergency Risk Orders ("Red Flag Laws).

Georgia Defense of Persons Law

a. A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to defend himself or herself or a third person against such other's imminent use of unlawful force; however, except as provided in Code Section 16-3-23, a person is justified in using force which is intended or likely to cause death or great bodily harm only if he or she reasonably believes that such force is necessary to prevent death or great bodily injury to himself or herself or a third person or to prevent the commission of a forcible felony.

c. Any rule, regulation, or policy of any agency of the state or any ordinance, resolution, rule, regulation, or policy of any county, municipality, or other political subdivision of the state which is in conflict with this Code section shall be null, void, and of no force and effect.

“Forcible felony” means any felony which involves the use or threat of physical force or violence against any person. (Ga. Code § 16-1-3)

Ga. Code § 16-3-21 (a) and (c)

Georgia does not have a law specific to the defense of others but does allow for the defense of a third person in its defense-of-person law.

Georgia “Castle Doctrine”

A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to prevent or terminate such other's unlawful entry into or attack upon a habitation; however, such person is justified in the use of force which is intended or likely to cause death or great bodily harm only if:

1. The entry is made or attempted in a violent and tumultuous manner and he or she reasonably believes that the entry is attempted or made for the purpose of assaulting or offering personal violence to any person dwelling or being therein and that such force is necessary to prevent the assault or offer of personal violence;
2. That force is used against another person who is not a member of the family or household and who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence and the person using such force knew or had reason to believe that an unlawful and forcible entry occurred; or
3. The person using such force reasonably believes that the entry is made or attempted for the purpose of committing a felony therein and that such force is necessary to prevent the commission of the felony.

Ga. Code § 16-3-23

As used in Code Section 16-3-23, the term "habitation" means any dwelling, motor vehicle, or place of business.

Ga. Code § 16-3-24.1

Defense of Property

a. A person is justified in threatening or using force against another when and to the extent that he reasonably believes that such threat or force is necessary to prevent or terminate such other's trespass on or other tortious or criminal interference with real property other than a habitation or personal property:

1. Lawfully in his possession;
2. Lawfully in the possession of a member of his immediate family; or
3. Belonging to a person whose property he has a legal duty to protect.

b. The use of force which is intended or likely to cause death or great bodily harm to prevent trespass on or other tortious or criminal interference with real property other than a habitation or personal property is not justified unless the person using such force reasonably believes that it is necessary to prevent the commission of a forcible felony.

Ga. Code § 16-3-24

Georgia Self-Defense Immunity

A person who uses threats or force in accordance with Code Section 16-3-21, 16-3-23, 16-3-23.1, or 16-3-24 shall be immune from criminal prosecution therefor unless in the use of deadly force, such person utilizes a weapon the carrying or possession of which is unlawful by such person under Part 2 of Article 4 of Chapter 11 of this title.

Ga. Code § 16-3-24.2

Georgia Stand Your Ground Law

A person who uses threats or force in accordance with Code Section 16-3-21, relating to the use of force in defense of self or others, Code Section 16-3-23, relating to the use of force in defense of a habitation, or Code Section 16-3-24, relating to the use of force in defense of property other than a habitation, has no duty to retreat and has the right to stand his or her ground and use force as provided in said Code sections, including deadly force.

Ga. Code § 16-3-23.1

Self-Defense Exclusions

A person is not justified in using force under the circumstances specified in subsection (a) of this Code section if he:

• Initially provokes the use of force against himself with the intent to use such force as an excuse to inflict bodily harm upon the assailant;
• Is attempting to commit, committing, or fleeing after the commission or attempted commission of a felony; or
• Was the aggressor or was engaged in a combat by agreement unless he withdraws from the encounter and effectively communicates to such other person his intent to do so and the other, notwithstanding, continues or threatens to continue the use of unlawful force.

Ga. Code § 16-3-21 (b)