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Unlicensed Persons Questions

1. To whom may an unlicensed person transfer firearms under the GCA?2. From whom may an unlicensed person acquire a firearm under the GCA?3. May an unlicensed person obtain a firearm from an out-of-State source if t

he person arranges to obtain the firearm through a licensed dealer in the purcha

sers own State?4. May an unlicensed person obtain ammunition from an out-of-State source?5. Are there certain persons who cannot legally receive or possess firearms a

nd/or ammunition?6. Do law enforcement officers who are subject to restraining orders and who

receive and possess firearms for purposes of carrying out their official dutiesviolate the law?

7. May a nonlicensee ship a firearm through the U.S. Postal Service?8. May a nonlicensee ship a firearm by common or contract carrier?9. May a nonlicensee ship firearms interstate for his or her use in hunting o

r other lawful activity?10. May a person who is relocating out of State move firearms with other house

hold goods?11. What constitutes residency in a State?12. May a person (who is not an alien) who resides in one State and owns prope

rty in another State purchase a handgun in either State?13. May aliens legally in the United States buy firearms?14. May a parent or guardian purchase firearms or ammunition as a gift for a j

uvenile (less than 18 years of age)?15. Are curio or relic firearms exempt from the provisions of the GCA?16. What record-keeping procedures should be followed when two private individ

uals want to engage in a firearms transaction?17. How do I obtain a classification from ATF for my potato gun?

Q: To whom may an unlicensed person transfer firearms under the GCA?

A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes,if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell ortransfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

[18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]Q: From whom may an unlicensed person acquire a firearm under the GCA?

A person may only acquire a firearm within the persons own State, except thathe or she may purchase or otherwise acquire a rifle or shotgun, in person, at alicensees premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A personmay borrow or rent a firearm in any State for temporary use for lawful sportingpurposes.

[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]Q: May an unlicensed person obtain a firearm from an out-of-State source if theperson arranges to obtain the firearm through a licensed dealer in the purchasersown State?

A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm ifan arrangement is made with a licensed dealer in the purchasers State of residenc

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e for the purchaser to obtain the firearm from the dealer.

[18 U.S.C. 922(a)(3) and 922(b)(3)]Q: May an unlicensed person obtain ammunition from an out-of-State source?

Yes, provided he or she is not a person prohibited from possessing or receiving ammunition.

[18 U.S.C. 922(g) and (n)]Q: Are there certain persons who cannot legally receive or possess firearms and/or ammunition?

Yes, a person who

1. Has been convicted in any court of a crime punishable by imprisonmentfor a term exceeding 1 year;

2. Is a fugitive from justice;3. Is an unlawful user of or addicted to any controlled substance;4. Has been adjudicated as a mental defective or has been committed to a

mental institution;5. Is an alien illegally or unlawfully in the United States or an alien admitted to the United States under a nonimmigrant visa;

6. Has been discharged from the Armed Forces under dishonorable conditions;

7. Having been a citizen of the United States, has renounced his or her citizenship;

8. Is subject to a court order that restrains the person from harassing,stalking, or threatening an intimate partner or child of such intimate partner;or

9. Has been convicted of a misdemeanor crime of domestic violence10. Cannot lawfully receive, possess, ship, or transport a firearm.

A person who is under indictment or information for a crime punishable by imprisonment for a term exceeding 1 year cannot lawfully receive a firearm.

Such person may continue to lawfully possess firearms obtained prior to theindictment or information.

[18 U.S.C. 922(g) and (n), 27 CFR 478.32]Q: Do law enforcement officers who are subject to restraining orders and who receive and possess firearms for purposes of carrying out their official duties violate the law?

Not if the firearms are received and possessed for official use only.

The law prohibits persons subject to certain restraining orders from receiving, shipping, transporting or possessing firearms or ammunition. To be disabling, the restraining order must:

1. specifically restrain the person from harassing, stalking, or threatening an intimate partner of the person (e.g., spouse);

2. be issued after a hearing of which notice was given to the person andat which the person had an opportunity to participate; and

3. include a finding that the person subject to the order represents a credible threat to the intimate partner or child of the intimate partner OR explicitlyprohibits the use, attempted use, or threatened use of force against the partner.

However, the GCA has an exception for the receipt and possession of firearmsand ammunition on behalf of a Federal or State agency. Therefore, the GCA does

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not prohibit a law enforcement officer under a restraining order from receivingor possessing firearms or ammunition for use in performing official duties. Possession of the firearm for official purposes while off duty would be lawful if such possession is required or authorized by law or by official departmental policy. An officer subject to a disabling restraining order would violate the law ifthe officer received or possessed a firearm or ammunition for other than official use. (See question on officers receipt and possession of firearms and ammunitio

n after a conviction of a misdemeanor crime of domestic violence. The governmentexception does not apply to such convictions.)

[18 U.S.C. 921(a)(32), 922(g)(8) and 925(a)(1)]Q: May a nonlicensee ship a firearm through the U.S. Postal Service?

A nonlicensee may not transfer a firearm to a non-licensed resident of another State. A nonlicensee may mail a shotgun or rifle to a resident of his or herown State or to a licensee in any State. The Postal Service recommends that longguns be sent by registered mail and that no marking of any kind which would indicate the nature of the contents be placed on the outside of any parcel containing firearms. Handguns are not mailable. A common or contract carrier must be use

d to ship a handgun.

[18 U.S.C. 1715, 922(a)(3), 922(a)(5) and 922 (a)(2)(A)]Q: May a nonlicensee ship a firearm by common or contract carrier?

A nonlicensee may ship a firearm by a common or contract carrier to a resident of his or her own State or to a licensee in any State. A common or contract carrier must be used to ship a handgun. In addition, Federal law requires that the carrier be notified that the shipment contains a firearm and prohibits commonor contract carriers from requiring or causing any label to be placed on any package indicating that it contains a firearm.

[18 U.S.C. 922(a)(2)(A), 922(a) (3), 922(a)(5) and 922(e), 27 CFR 478.31 and

478.30]Q: May a nonlicensee ship firearms interstate for his or her use in hunting or other lawful activity?

Yes. A person may ship a firearm to himself or herself in care of another person in the State where he or she intends to hunt or engage in any other lawfulactivity. The package should be addressed to the owner. Persons other than the owner should not open the package and take possession of the firearm.Q: May a person who is relocating out of State move firearms with other household goods?

Yes. A person who lawfully possesses a firearm may transport or ship the firearm interstate when changing his or her State of residence.

Certain NFA firearms must have prior approval from the Bureau of ATF beforethey may be moved interstate. The person must notify the mover that firearms arebeing transported. He or she should also check State and local laws where relocating to ensure that movement of firearms into the new State does not violate any State law or local ordinance.

[18 U.S.C. 922(a)(4) and 922(e), 27 CFR 478.28 and 478.31]Q: What constitutes residency in a State?

The State of residence is the State in which an individual is present; the individual also must have an intention of making a home in that State. A member o

f the Armed Forces on active duty is a resident of the State in which his or herpermanent duty station is located. If a member of the Armed Forces maintains ahome in one State and the members permanent duty station is in a nearby State to

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which he or she commutes each day, then the member has two States of residence and may purchase a firearm in either the State where the duty station is locatedor the State where the home is maintained. An alien who is legally in the UnitedStates is considered to be a resident of a State only if the alien is residingin that State and has resided in that State continuously for a period of at least 90 days prior to the date of sale of the firearm. See also Item 5, Sales to Aliens in the United States, in the General Information section of this publication.

[18 U.S.C. 921(b), 922(a) (3), and 922(b)(3), 27 CFR 478.11]Q: May a person (who is not an alien) who resides in one State and owns propertyin another State purchase a handgun in either State?

If a person maintains a home in 2 States and resides in both States for certain periods of the year, he or she may, during the period of time the person actually resides in a particular State, purchase a handgun in that State. However,simply owning property in another State does not qualify the person to purchasea handgun in that State.

[27 CFR 478.11]

Q: May aliens legally in the United States buy firearms?

An alien legally in the U.S. may acquire firearms if he has a State of residence. An alien has a State of residence only if he is residing in that State andhas resided in a State continuously for at least 90 days prior to the purchase.An alien acquiring firearms from a licensee is required to prove both his identity, by presenting a government-issued photo identification, and his residency with substantiating documentation showing that he has resided in the State continuously for the 90-day period prior to the purchase. Examples of qualifying documentation to prove residency include: utility bills, lease agreements, credit card statements, and pay stubs from the purchasers place of employment, if such documents include residential addresses.

See also Item 5, Sales to Aliens in the United States, in the General Information section of this publication.

[18 U.S.C. 921, 922(b)(3), (d) and (g), 27 CFR 478.11 and 478.99(a)]Q: May a parent or guardian purchase firearms or ammunition as a gift for a juvenile (less than 18 years of age)?

Yes. However, possession of handguns by juveniles (less than 18 years of age) is generally unlawful. Juveniles generally may only receive and possess handguns with the written permission of a parent or guardian for limited purposes, e.g., employment, ranching, farming, target practice or hunting.

[18 U.S.C. 922(x)]Q: Are curio or relic firearms exempt from the provisions of the GCA?

No. Curios or relics are still firearms subject to the provisions of the GCA; however, curio or relic firearms may be transferred in interstate commerce tolicensed collectors or other licensees.Q: What record-keeping procedures should be followed when two private individuals want to engage in a firearms transaction?

When a transaction takes place between private (unlicensed) persons who reside in the same State, the Gun Control Act (GCA) does not require any record keeping. A private person may sell a firearm to another private individual in his orher State of residence and, similarly, a private individual may buy a firearm f

rom another private person who resides in the same State. It is not necessary under Federal law for a Federal firearms licensee (FFL) to assist in the sale or transfer when the buyer and seller are same-State residents. Of course, the transfe

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ror/seller may not knowingly transfer a firearm to someone who falls within anyof the categories of prohibited persons contained in the GCA. See 18 U.S.C. 922(g) and (n). However, as stated above, there are no GCA-required records to be completed by either party to the transfer.

There may be State or local laws or regulations that govern this type of transaction. Contact State Police units or the office of your State Attorney Genera

l for information on any such requirements.

Please note that if a private person wants to obtain a firearm from a private person who resides in another State, the firearm will have to be shipped to anFFL in the buyers State. The FFL will be responsible for record keeping. See also Question B3.Q: How do I obtain a classification from ATF for my potato gun?

Any person desiring a classification of a potato gun,spud gun or similar devicemust submit a written request (not e-mail) to the Director and include a complete and accurate description of the device, the name and address of the manufacturer or importer, the purpose for which it is intended, and such photographs, dia

grams, or drawings as may be necessary to make a classification. A final determination may require physical examination of the device. Such requests for classification should be submitted to: Bureau of ATF, Firearms Technology Branch.

==============In Plain English==============

Version 2.62 Updated 8/2010(changed to reflect passage so SB308)Created by and used with the permission of James

Updated by Matt

This is a "layman's" version of the firearm laws of Georgia. The information contained herein this document SHOULD NOT and CANNOT be construed as legal advice or as an alternate version of the current law. It is your own personal responsibility to know the law! The author of this document Cannot and Will not be responsible for its use in place of the actual law as legal advice. In short, Use at your own risk!

This document contains understandable versions of the Georgia Firearm Laws whichcovers the most referred to laws in the GA criminal code 16-11-120 - 16-11-134.THERE MAYBE OTHER FIREARM LAWS IN THE GEORGIA CODE THAT THIS DOCUMENT MAY NOT COVER! You have been warned!*NOTE: It is more understandable if this document isread in its entirety rather than reading and jumping to different topics, as onelaw may have an effect on another.

O.C.G.A. 16-11-120 The Georgia firearms and weapons act.

The Georgia Firearms License (GFL) has been changed to be a Georgia Weapons Carry License (WCL/GWL). Current GFL's are now considered WCL's so any mention of one also applies to the other.

DefinitionsForcible Felony - Any felony which involves the use or threat of physical forceor violence against any person. (16-1-3 as used anywhere in Chapter 16, except 1

6-11-131)

Forcible Misdemeanor - Any misdemeanor which involves the use or threat of physi

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cal force or violence against any person. (16-1-3 as used anywhere in Chapter 16)

Public Place - Any place where the conduct involved may reasonably be expected to be viewed by people other than members of the actor's family or household. (16-1-3 as used anywhere in Chapter 16)

The following definitions are only valid when used in 16-11-125.1 through 16-11-135 and certain other code sectionsWeapon - Are defined as a handgun or a knife (except 16-11-127.1 which has its own definition for weapon). (16-11-125.1)

Handgun - A firearm of any description, loaded or unloaded, from which any shot,bullet, or other missile can be discharged by an action of an explosive where the length of the barrel, not including any revolving, detachable, or magazine breech, does not exceed 12 inches; provided, however, that the term 'handgun' shall not include a gun which discharges a single shot of .46 centimeters or less in

diameter (since the term "shot" is used instead of "bullet", a pistol that fires .17HMR would be considered a handgun). (16-11-125.1)

Knife - A cutting instrument designed for the purpose of offense and defense consisting of a blade that is greater than five inches in length which is fastenedto a handle (designed for offense and defense means that something like a filetknife would not be included). (16-11-125.1)

Long gun - A firearm with a barrel length of at least 18 inches and overall length of at least 26 inches designed or made and intended to be fired from the shoulder and designed or made to use the energy of the explosive in a fixed:(A) Shotgun shell to fire through a smooth bore either a number of ball shot o

r a single projectile for each single pull of the trigger or from which any shot

, bullet, or other missile can be discharged; or(B) Metallic cartridge to fire only a single projectile through a rifle bore f

or each single pull of the trigger;provided, however, that the term 'long gun' shall not include a gun which discharges a single shot of .46 centimeters or less in diameter (since the term "shot"is used instead of "bullet", a rifle that fires .17HMR would be considered a long gun). (16-11-125.1)

Possession

Possession of firearms during certain crimes by those previously convicted; It is a felony for any person who has previously been convicted of or who has been convicted of or previously entered a guilty plea to the offense of murder, armedrobbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, aggravated sexual battery, or any felony involving the use or possession of a firearm and who shall have on or within arm's reach of his or her person a firearm during the commission of, or the attempt to commit:

1. Any crime against or involving the person of another;2. The unlawful entry into a building or vehicle;3. A theft from a building or theft of a vehicle;4. Any crime involving the possession, manufacture, delivery, distribution, d

ispensing, administering, selling, or possession with intent to distribute any controlled substance

5. Any crime involving the trafficking of cocaine, marijuana, or illegal drugs

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(16-11-133)

(Be sure the check the Federal laws that pertain to possession of firearms. A felony conviction from a federal crime will also disqualify you and you will be inviolation of both state and federal law if you are caught in possession of a firearm. Federal law (which is beyond the scope of this document) also addresses the possession of firearms by those convicted of certain crimes as well as non-re

sidents and illegal aliens whereas state law does not. IT IS YOUR RESPONSIBILITYTO KNOW THE LAW)

Possession of handguns by minors; Minors (persons under the age of 18) are NOT allowed by Georgia law to possess handguns unless the following exceptions apply:

1. Attending a hunter education course or a firearms safety course.2. Engaging in practice in the use of a firearm or target shooting3. Engaging in an organized competition involving the use of a firearm or par

ticipating in or practicing for a performance by an organized group4. Hunting or fishing pursuant to a valid license if such person has in his o

r her possession such a valid hunting or fishing license if required; is engaged

in legal hunting or fishing; has permission of the owner of the land on which the activities are being conducted; and the pistol or revolver, whenever loaded,is carried only in an open and fully exposed manner (no concealing of the firearm)

5. Traveling to or from any activity described above, provided that firearm is carried in a unconcealed and unloaded fashion.

6. Any minor who is on real property under the control of such person's parent, legal guardian, or grandparent and who has the permission of such person's parent or legal guardian to possess a firearm.

7. Any minor who is at such person's residence and who, with the permission of such person's parent or legal guardian, possesses a pistol or revolver for thepurpose of exercising the rights authorized in Code Section 16-3-21 or 16-3-23.(self defense laws, listed further down the page)

8. The exceptions DO NOT apply to any minor who has been convicted of a forcible felony or forcible misdemeanor, as defined in Code Section 16-1-3, or who has been adjudicated delinquent under the provisions of Article 1 of Chapter 11 ofTitle 15 for an offense which would constitute a forcible felony or forcible misdemeanor, as defined in Code Section 16-1-3, if such person were an adult.

(It appears as if GA law, even though prohibits minors from possessing handgunsexcept as provided above, does not prohibit minors from possessing rifles and shotguns, unless they have been convicted of a felony or forcible misdemeanor. Under GA law, children under the age of 13 cannot be considered or found guilty ofany crime.) (16-11-132, 16-3-1)

Possession of dangerous weapons

It is against the law in the state of Georgia to possess dangerous weapons as defined below. However, persons who possess dangerous weapons in compliance of theGCA of 1968 may possess and use them in a lawful manner in Georgia. Be advisedthat Georgia law only addresses the ownership of dangerous weapons, not the bearing (to wear or carry) of such weapons in public. It is safe to assume that it is legal to carry dangerous weapons unconcealed in public places in Georgia. However, there may be federal laws that limit the possession and carrying of dangerous weapons to only a person's home and/or place of business. You may not be violating Georgia law by carrying a dangerous weapon in public, but you very well could be violating federal law. Remember it is your responsibility to know the law!

This law does not apply to dangerous weapons that have been rendered permanentlyinoperable. (16-11-124)

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Dangerous Weapons are defined in Georgia as:

1. A sawed off shotgun means a shotgun or any weapon made from a shotgun whether by alteration, modification, or otherwise having one or more barrels (including the chamber) less than 18 inches in length or if such weapon as modified hasan overall length of less than 26 inches.

2. A sawed off rifle means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder; and designed or redesigned, made or remade, to use the energy of the explosive in a fixed metallic cartridge to fireonly a single projectile through a rifle bore for each single pull of the trigger; and which has a barrel or barrels (including the chamber) of less than 16 inches in length or has an overall length of less than 26 inches.

3. A machine gun means any weapon which shoots or is designed to shoot, automatically, more than six shots, without manual reloading, by a single function ofthe trigger.4. A dangerous weapon means any weapon commonly known as a 'rocket launcher,'

'bazooka,' or 'recoilless rifle' which fires explosive or non explosive rocketsdesigned to injure or kill personnel or destroy heavy armor, or similar weapon

used for such purpose. The term shall also mean a weapon commonly known as a 'mortar' which fires high explosive from a metallic cylinder and which is commonlyused by the armed forces as an antipersonnel weapon or similar weapon used for such purpose. The term shall also mean a weapon commonly known as a 'hand grenade' or other similar weapon which is designed to explode and injure personnel or similar weapon used for such purpose.

5. A silencer means any device for silencing or diminishing the report of anyportable weapon such as a rifle, carbine, pistol, revolver, machine gun, shotgun, fowling piece, or other device from which a shot, bullet, or projectile may be discharged by an explosive.

(16-11-121, 16-11-122, 16-11-123, 16-11-124 )

Possession and/or discharge of a firearm while under the influence

It is against the law to be in possession of firearm while engaged in hunting and fishing activities or discharge a firearm while under the influence of alcoholor any drug or any combination of alcohol and any drug to the extent that it isunsafe for the person to discharge such firearm except in the defense of life,health, and property;

It is also against the law to discharge a firearm while engaged in any shootingactivity while under the influence of alcohol or any drug or any combination ofalcohol and any drug.

It is NO defense to violation of this law even if you are legally entitled to use such a drug (prescription). (16-11-134, 27-3-7)

Registration of firearms

Georgia does not require the registration of firearms owned by citizens. Georgialaw actually prohibits local city/county governments from registering firearmswhen applying for a firearms license. However dangerous weapons (as described above) must be registered in compliance with the National Firearm Act (NFA) of 1934 and Federal Gun Control Act (GCA) of 1968.

Purchasing of firearms

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Georgia has only 2 laws that regulate the purchasing of firearms. All other purchasing laws come from Federal law. The BATFE has a reference page that explainsthose laws (at that site, when the BATFE says "licensed" they mean firearm dealers and "unlicensed" means private individuals).

Straw Purchase / Anti-Bloomberg Law - Any person who attempts to solicit, persua

de, encourage, or entice any dealer to transfer or otherwise convey a firearm other than to the actual buyer, as well as any other person who willfully and intentionally aids or abets such person, shall be guilty of a felony. (16-11-113)

Furnishing a Pistol to a Minor - It is illegal to sell or give a pistol or revolver to a person under 18 years old. Possession of handguns by minors is only allowed as explained in the Possession section above. (16-11-101.1)

Carrying Weapons

Short Version

Basically, to carry a long gun you do not have to have a license to carry as long as you are not prohibited from owning a firearm. To carry a handgun openly orconcealed in the state of Georgia (other than on your property or inside your home, car, or your place of business), you must have a Georgia Weapons Carry License (or the older Georgia Firearm License) issued under code 16-11-129. To carrya knife designed for offense with a blade over 5 inches you must have a GeorgiaWeapons Carry License (or the older Georgia Firearm License) issued under code 16-11-129. There are exceptions, read below to find out what those are.

Long Version

Weapons Carry: You are not allowed to carry a weapon (as defined at the top of t

his page) without having a weapons carry license unless you fit one of the exceptions below (this is in general, there are some places off-limits to carry evenwith a Weapons Carry License):

1. If you are not prohibited by law from owning a firearm you may carry a weapon on your own property and in your own home, motor vehicle and place of business without needing a valid weapons carry license. (including the property that the business is located on IF the property is owned by the business owner). You do not have to have permission from the business owner in order to be exempt fromcarrying a concealed weapon without a license at your place of business (however that does NOT mean you cannot be fired for carrying without permission. If youcross any property in transit between your propery, car or office then you would be in violation of the law.

2. If you are not prohibited by law from owning a firearm you may carry a long gun without needing a valid weapons carry license. However if it is loaded, you must carry the long gun in an open and fully exposed manner (this exemption isodd, a long gun is not defined as a weapon so I am not sure what law you wouldbe breaking if you did carry a loaded long gun concealed).

3. If you are not prohibited by law from owning a firearm you may carry a handgun provided it is unloaded and enclosed inside a case (There is nothing that defines exactly what unloaded means, to be on the safe side you should assume itmeans no loaded magazine inserted into the gun).

4. If you are not ineligible for a license to carry, you can carry in any private passenger motorized vehicle, provided that the owner (or other legal representative of the property) has not forbid posession of weapons or long guns on th

e property (the difference between this and the first one is that you can carryin someone elses car provided you could get a GWL and they do not forbid you posessing it in their car).

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5. If you have a valid hunting or fishing license or do not legally have to have one, you can carry a handgun or long gun while you are actively engaged in hunting, fishing or sport shooting with permission from the owner of the land youare on.6. If you have a license to carry from a state that honors the Georgia Weapon

s Carry License, as long as you are not a resident of Georgia and you follow Georgia laws while you are here (a map of states that honor the Georgia license is

here).

Violation of this code section is a misdemeanor for the first offense and a felony if a second offense is committed within 5 years of the first. (16-11-125.1, 16-11-126 )

Note that a long gun is NOT defined as a "weapon" and that not all firearms arecovered as a weapon or a long gun (a firearm with a barrel over 12 inches but under 18 inches is not a "long gun" or a "weapon" as it is defined in 16-11-125.1).

Employment exception: Persons employed in certain jobs (whether at work or off-d

uty) are exempt from the law above. Jobs such as peace officer, Wardens, superintendents, and keepers of correctional institutions, jails, or other institutionsfor the detention of persons accused or convicted of an offense, persons in themilitary service of the state or of the United States, and others. Please see 16-11-130 for the full list.

Places off limits to carry

There are 9 laws that address where firearms may be borne(carried)Some apply to weapons (handguns and knives as defined at the top of this page,)and long guns (as defined at the top of this page,) while other places apply toeverything else other than a weapon.

Carrying a Weapon in an Unauthorized Location: Carrying a weapon or long gun inany of the following places is against the law (misdemeanor offense, exceptionsare below the list)...

1. In a government building.-- "Government Building" means:

1. The building in which a government entity is housed (Please see thedefinition for "government entity" below for more infomation)

2. The building where a government entity meets in its official capacity; provided, however, that if such building is not a publicly owned building, such building shall be considered a government building for the purposes of this Code section only during the time such government entity is meeting at such building; or

3. The portion of any building that is not a publicly owned building that is occupied by a government entity. (if a government entity rented out spacein a mall and actually occupies it with people, only the "store" space they rented would be off limits)

--"Government Entity" means an office, agency, authority, department, commission, board, body, division, instrumentality, or institution of the state or any county, municipal corporation, consolidated government, or local board of education within this state (This part of the law is kind of vague depending on whoexactly is included regarding an "office" or "department" as to where they are"housed" or "occupied". The meaning most favorable to a person charged with viol

ating this law (which is the way a court should rule) is limited to the locationthat contains the person that is in charge of the entire entity. Example: Yourlocal tax office has 3 locations (all publicly owned) where you can make payment

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s, the county tax commissioner is housed in building A and is off-limits, buildings b and c are not off limits becuase they do not house the Office of the tax commissioner. The meaning least favorable to a person charged with violating thislaw (which is a way police and prosecutors could interpret it and a court mightrule) includes any location where an employee operates out of. Example: Your local tax office has 3 locations (all publicly owned) where you can make payments,all 3 locations are off limits. This does not include a blanket ban on all publ

icly owned buildings since the law says that a publicly owned building is only off-limits if an entity is housed or meets in the building).

2. In a courthouse (a building occupied by judicial courts and containing rooms in which judicial proceedings are held)

3. In a jail or prison4. In a place of worship5. 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

6. In a bar unless the owner permits carry (the owner has to grant permissionfor you to be able carry, a bar is defined as an establishment that is devoted

to the serving of alcoholic beverages for consumption by guests on the premisesand in which the serving of food is only incidental to the consumption of thosebeverages, like taverns, nightclubs, cocktail lounges, and cabarets)

7. On the premesis of a nuclear power facility (punishment for carry is a misdemeanor, carry with intent to do bodily harm is a felony)

8. Within 150 feet of a polling location

A person with a Weapons Carry License may have a weapon that is under their control while in a car or the weapon can be left inside a locked compartment, container, or rack on the vehicle parked in a designated parking facility (the place people are supposed to park when visiting one of the unauthorized locations). A person can also approach security upon arrival and notify them of the presence ofthe weapon and you must follow the instructions for removing, securing, storing

or temporarily surrendering the weapon or long gun. There is a list of people who are authorized to carry without the need of a Weapons Carry License (pollinglocations has its own list 21-3-413) such as law enforcement officers, districtattorneys, judges, magistrates, solicitors, persons in the state or US militaryand more. Please see 16-11-130 for the full list. (16-11-127 )

Weapons on school property and functions: It is unlawful for a person to carry ANY type of weapon onto any real property (real estate... land or buildings) owned by or leased to any public or private elementary school, secondary school, orschool board and used for elementary or secondary education, any public or private technical school, vocational school, college, university, or institution of post secondary education.

This code section does not apply to persons who have a valid Weapons Carry license (formerly the Georgia Firearms License) when such person has a weapon in thevehicle which is parked or in transit through the property or when the license holder carries or picks up a student at a school building, school function, or school property or on a bus or other transportation furnished by the school. (I'mnot sure of the total legality actually carrying into a school building while picking up or dropping off a student, but it appears to be completely legal sincethe code does not say anything about not being allowed to enter the building while carrying. I wouldn't loiter around in the halls or cafeteria, but instead make a straight bee line to the office and back in order to drop off or pick up a student if you are required to do so.) This code section shall not apply to Teachers and other school personnel who are otherwise authorized to possess or carry

weapons, provided that any such weapon is in a locked compartment of a motor vehicle or one which is in a locked container in or a locked firearms rack which ison a motor vehicle. (note that while you have the ability to park your car on t

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he property (you can leave the weapon inside the car while you go somewhere else) and carry while picking up or dropping off students, outside of that you cannot carry on school property even if you have a license. If you park your car andget out with the weapon still on your person and you do not meet one of the carry exceptions (such as dropping off or picking up a student), you are breaking the law. Be careful!) (16-11-127.1)

Deadly Weapons on the premises of a nuclear power facility; It is (misdemeanor offense) against the law for a person (licensed or not) to carry, possess, or have under such person's control while on the premises of a nuclear power facilitya firearm or weapon. (There are some exceptions, but they all have to do with official duties or training.) (16-11-127.2)

Carrying deadly weapons on public transportation: Except for those with a validlicense to carry, it is a felony offense to carry a deadly weapon onto a publicly owned rail vehicle, or bus. Carrying into a public building that houses the public transportation is also ok if you have a valid license to carry. In order tocarry on a commercial airline, the firearm must be unloaded, locked in a case inside your checked luggage and separate from its ammunition and declared to the

transportation company. It is against Federal Law to carry a firearm into the secure areas (Past the TSA metal detectors) of the airport(16-12-123, 16-12-127)

State parks, historic sites, and recreational areas: Except for those with a valid license to carry when carrying a handgun (as defined at the top of this page), it is against the law in Georgia to carry or attempt to carry a deadly weapononto a park, historic site, or recreational area. The term 'park, historic site,or recreational area' means a park, historic site, or recreational area which is operated by or for and is under the custody and control of the Department of Natural Resources (DNR). Without a valid license to carry when carrying a handgun(as defined at the top of this page) it is unlawful for any person to use or possess in any park, historic site, or recreational area any firearms (with a WCL/GFL it is also legal to carry that handgun into buildings on the property). It i

s unlawful to carry onto park, historic site or recreational area property, bowsand arrows, spring guns, air rifles, slingshots, or any other device which discharges projectiles by any means (unless it is handgun and you have a WCL/GFL), unless the device is unloaded and stored so as not to be readily accessible or unless such use has been approved within restricted areas by prior written permission of the commissioner of natural resources or his authorized representative. It shall be unlawful to refuse to leave a park, historic site, or recreational area after violating any law or regulation of the Board of Natural Resources promulgated pursuant to Code Section 12-3-9 and after being directed to leave by an authorized representative of the department. (If you are caught carrying a handgun without a license or any other firearm or breaking any of the other rules, then you can be asked to leave the park area by an authorized rep from DNR.) Any person who violates any of the provisions of this Code section commits the offenseof criminal trespass. (If you refuse to leave after being asked too, then you can be arrested for criminal trespass) (12-3-10, 16-11-127)

Wildlife management areas: Except for those with a valid license to carry, it isagainst the law in Georgia to possess a firearm during a closed hunting seasonfor that wildlife management area unless such firearm is unloaded and stored ina motor vehicle so as not to be readily accessible or to possess a loaded firearm in a motor vehicle during a legal open hunting season for that area. (27-3-1.1, 16-11-127)

Possession of firearm while hunting with bow and arrow: Except for those with avalid carry license, it shall be unlawful for any person to possess any center-f

ire or rim fire firearm while hunting with a bow and arrow during archery or primitive weapons season for deer or while hunting with a muzzle loading firearm during a primitive weapons season for deer. (You can now protect yourself from 2 l

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egged creatures while using primitive weapons to hunt for the 4 legged kind) (27-3-6, 16-11-127)

State Capitol and related buildings: Except as provided in the unauthorized locations section above regarding carry of weapons, it is illegal to carry a firearm, knife (as defined at the top of this page), explosive or incendiary device orcompound, bludgeon, metal knuckles, or any other dangerous or deadly weapon, ins

trument, or device into the state capitol building or any building housing committee offices, committee rooms, or offices of members, officials, or employees ofthe General Assembly or either house (unauthorized locations cover the carry ofa weapon (handgun or knife) with a license, however carry of any other device like a long gun or metal knuckles is prohibited by this law whether you have a license to carry or not) . (16-11-34.1, 16-11-127)

Jail/Prison Guard Line: Except as provided in the unauthorized locations sectionabove regarding carry of weapons, it is illegal to carry a gun or other dangerous inside a guard line without permission from the jailer or law enforcement personnel (unauthorized locations cover the carry of a weapon (handgun or knife) with a license, however carry of any other device like a long gun is prohibited by

this law (without specific permission) whether you have a license to carry or not) . (42-4-13, 16-11-127)

Weapons Carrying Licenses

There are 2 weapons licenses that are issued in Georgia. A license issued undercode 43-38-10 is a special carry license that is issued to armed security guardsemployed by a security agency. This license gives its bearer the authority to carry everywhere a LEO can carry, but only while on duty AND only if it is in performance of the bearer's duties. This license is NOT valid when the bearer is off duty and the bearer is limited to a revolver caliber of up to .357 magnum anda semi-automatic caliber up to 45 ACP. This license is beyond the scope of this

document, but if you wish to get more information, it can be obtained in the Georgia code in title 43 chapter 38.

A license issued under code 16-11-129 is a Georgia Weapons Carry License (formerly the Georgia Firearms License) and it is issued citizens wishing to exercise their "right to carry". This license is subject to restrictions of carry found inGeorgia code 16-11-126 - 16-11-129. To qualify for this license you must NOT meet any of these exceptions; No license will be granted to:

1. Any person under 21 years of age;2. Any person who has been convicted of a felony by a court of this state or

any other state; by a court of the United States including its territories, possessions, and dominions; or by a court of any foreign nation and has not been pardoned for such felony by the President of the United States, the State Board ofPardons and Paroles, or the person or agency empowered to grant pardons under the constitution or laws of such state or nation;

3. Any person whom proceedings are pending for any felony;4. Any person who is a fugitive from justice;5. Any person who is prohibited from possessing or shipping firearms pursuant

to 18 U.S.C. Section 922 subsection (g) and (n)6. Any person who has been convicted of an offense arising out of the unlawfu

l manufacture or distribution of a controlled substance or other dangerous drug;(convicted for making or selling, not for possessing)7. Any person who has had his or her weapons carry license revoked pursuant t

o subsection (e) of 16-11-129;

8. Any person who has been convicted of any of the following and has not beenfree of all restraint or supervision in connection therewith and free of any other conviction for at least five years immediately preceding the date of the app

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lication: (i) Pointing a gun or a pistol at another in violation of Code Section16-11-102; (ii) Carrying a weapon without a weapons carry license in violationof Code Section 16-11-126; or (iii) Carrying a weapon or long gun in an unauthorized location in violation of Code Section 16-11-127

9. Any person who has been convicted of any misdemeanor involving the use orpossession of a controlled substance and has not been free of all restraint or supervision in connection therewith or free of the following 2 items for at least

five years immediately preceding the date of the application: (i) A second conviction of any misdemeanor involving the use or possession of a controlled substance; or (ii) Any conviction of an offense arising out of the unlawful manufacture or distribution of a controlled substance or other dangerous drug OR a conviction resulting in revocation of license, OR a conviction prohibiting possessing firearms pursuant to 18 U.S.C. Section 922 subsection (g) and (n);10. Any person who has been hospitalized as an inpatient in any mental hospita

l or alcohol or drug treatment center within the five years immediately preceding the application. The judge of the probate court may require any applicant to sign a waiver authorizing any mental hospital or treatment center to inform the judge whether or not the applicant has been an inpatient in any such facility inthe last five years and authorizing the superintendent of such facility to make

to the judge a recommendation regarding whether the applicant is a threat to thesafety of others and whether a license to carry a weapon should be issued. Whensuch a waiver is required by the judge, the applicant shall pay a fee of $3.00for reimbursement of the cost of making such a report by the mental health hospital, alcohol or drug treatment center, or the Department of Behavioral Health and Developmental Disabilities, which the judge shall remit to the hospital, center, or department. The judge shall keep any such hospitalization or treatment information confidential. It shall be at the discretion of the judge, considering the circumstances surrounding the hospitalization and the recommendation of the superintendent of the hospital or treatment center where the individual was a patient, to issue the weapons carry license or renewal license.

Notes about license exceptions:

"Convicted" means a plea of guilty or a finding of guilt by a court of competentjurisdiction or the acceptance of a plea of nolo contendere, irrespective of the pendency or availability of an appeal or an application for collateral relief.If First Offender treatment without adjudication of guilt for possession or manufacturing or distributing drugs was obtained and successfully completed and there has been no other conviction since then and it has been more than 5 years, that person shall be eligible for a license (assuming no other exceptions apply)

To obtain a license, a person must go to the probate court in the county in which they live in. (The process may be different for each probate office from county to county, check with the probate court for the exact directions that need tobe followed in order to apply for a firearms license. The License Process by County page has the phone number for each county's probate court and may have the process itself as submitted by other GFL holders.) The probate court clerk will process and fill out the application and give you 2 fingerprint cards. The cost for this is usually $15. You will then go to your local sheriff's office and takewith you your completed application, depending on the county you may have to take 2 ink-type fingerprints cards and a money order for the amount of $26 made payable to the G.B.I. or if your county uses digital prints you will just need $19.25. You will be fingerprinted while at the sheriff's office and they may chargea $5 fee for fingerprinting. The sheriff's office will then collect your application, money order, and send them to the G.B.I. for processing. It usually takesbetween 5-50 days (depending on if ink or digital prints were used) for the G.B.I. and F.B.I. to process the application before sending it back to the probatecourt judge who will then issue the license if no disqualifying information is f

ound during the background check. Your Georgia Firearms License exempts the holder from a NICS background check when you go to buy a firearm. Some sheriff's offices may offer a free public handgun course. It is recommend you take it as the

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deputies who teach the class will go over gun safety, proper loading, unloadingtechniques, proper carrying and drawing techniques, explanation of the firearm laws and use of deadly force laws, and range time to practice with your carry weapon.

Your license will be valid for 5 years and it MUST be in your possession at ALLTIMES when you are carrying a firearm. There is no requirement in the Georgia la

w to volunteer that you are armed when approached by a LEO, but if you are askedDON'T LIE! 99% of LEO's have a lot of appreciation for those who are honest andeven more so for those that are forthcoming. Most won't even care if you are carrying, some will thank you for letting them know and a select few will give youa hard time about carrying. I have had over a dozen interactions with LEO's while carrying and only 2 negative experiences.It is against federal law for the court or Sheriff to require or even request your Social Security Number. If you are told that it will be denied or delayed inprocessing, it is not true. You will not be denied and there is only a remote chance that your application will be delayed. If you do not wish to give out yourSSN to the Probate Court or Sheriff, there is nothing they can do to make you.

Employment exception: Persons employed in certain jobs are exempt from the law above. Jobs such as peace officer, keepers of a correctional facility, persons inthe military service of the state or of the United States, and others. Please see 16-11-130 for the full list.

Reciprocity

Georgia law allows for "reciprocity" of firearm carry licenses. This means thatthe state attorney general can enter in agreements with other states to allow licensed Georgia residents to carry in the reciprocal state, but while only the state of Georgia provides the same recognition for the state that it is reciprocating with. To find out what states have reciprocal agreements and allow Georgia r

esidents to carry in those states, visit my Reciprocity page or call the Attorney General's office @ (404)656-3300

State Preemption

Georgia has a state preemption law regulating firearms; which means the legislature is the only governing body that can regulate the manner of gun shows, the possession, ownership, transport, carrying, transfer, sale, purchase, licensing, or registration of firearms, components of firearms, firearms dealers, or dealersin firearms components. Counties, cities, municipalities, and other local governments cannot pass laws or ordinances that regulate gun shows, the possession, ownership, transport, carrying, transfer, sale, purchase, licensing, or registration of firearms, components of firearms, firearms dealers, or dealers in firearms components.

State preemption includes restricting the ability of any unit of government (other than the State itself) to file a lawsuit against any firearms or ammunition manufacturer, trade association, or dealer for damages, abatement, or injunctiverelief resulting from or relating to the lawful design, manufacture, marketing,or sale of firearms or ammunition to the public. (This does not include cases brought by a government entity for breach of contract or express warranty as to firearms or ammunition purchased by the political subdivision or local governmentauthority)

State preemption does allow local governments; to regulate the transport, carrying, or possession of firearms by employees of the local unit of government in the course of their employment with that local unit of government; requiring the o

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wnership of guns by heads of households within the political subdivision, and reasonably limiting or prohibiting the discharge of firearms within the boundariesof the municipal corporation. (State preemption law allows local governments topass ordinances requiring the ownership of firearms within the political subdivision, the city of Kennesaw requires heads of the household to maintain a firearm in the house at all times. Also state preemption allows local governments to pass ordinances "reasonably restricting" the discharge or shooting of firearms wi

thin the political subdivision. "Reasonably restricting" means restricting the discharge of firearms in pursuant to target practicing and hunting. This does notapply to discharging of firearms pursuant to defense of health, life, and property.)(16-11-173)

Shooting Range Protection Act; The state has also preempted the ability of localgovernments and residents from suing (civil or criminal liability, damages, abatement, or injunctive relief resulting from or relating to noise if the range remains in compliance with noise control or nuisance abatement rules, regulations,statutes, or ordinances applicable to the range on the date on which it commenced operation) or regulating (relating to noise control, noise pollution, or noise abatement adopted or applied retroactively) gun ranges. Also, no shooting rang

e shall be or shall become a nuisance, either public or private, solely as a result of changed conditions in or around the locality of such range if the range has been in operation for one year since the date on which it commenced operationas a sport shooting range (expansion of the range or types of firearms alloweddoes not affect the date of commencement). (41-1-9)

Deadly Force

There are 3 code sections that govern when lethal or deadly force may lawfully be used.

Defense from a forcible felony; A person is justified in using threats or force

to the degree they reasonably believe it is necessary to stop another person's imminent use of unlawful force. A person is justified in using deadly force whichmay harm or kill 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 (unless it is regarding defense of habitation, which has it's own requirements below). You are not justified if you were the aggressor or you are/were/on-the-way-to committing a felony.(The state has pre-empted local cities and counties from further restricting this defense.)(16-3-21)

Defense of habitation; (here habitation means dwelling, motor vehicle, or placeof business) A person is justified in the use of force which is intended or likely to cause death or great bodily harm only if:

1. A person is breaking\has broken into your home in a violent and tumultuousmanner, and you think that the intruder is going to assault you or someone elseliving there.2. A person who is not a member of the family or household and who unlawfully

and forcibly enters the residence and you know it is an unlawful entry.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 isnecessary to prevent the commission of the felony.

(16-3-23)

Defense of property other than habitation; Lethal force cannot be used to protect real property unless the person using such force reasonably believes that it is necessary to prevent the commission of a forcible felony.(16-3-24)

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(Stand Your Ground/Shoot First/License To Murder - went into effect July 1st, 2006) If you have determined you need to use lethal force (as stated in one of theunderlined "Defense" sections immediately above) you do not have to try to retreat before using that force. If your defense is valid, you are immune from criminal prosecution (unless it is illegal to carry that weapon where you used it) and civil liability actions.(16-3-23.1, 16-3-24.2, 51-11-9)

Miscellaneous

Here are some various other laws that pertain to firearms. It is unlawful to point a firearm, loaded or not, at another person not necessary in defense of life,health, and property. It is unlawful to discharge a firearm within 50 yards ofa public road, unless in defense of life, health, and property. It is unlawful to discharge a firearm on some else's land without permission of the landowner. (16-11-102, 16-11-103, 16-11-104)

Local Laws

While state law has preemption over most firearm laws and some knife laws, thisdoes not mean that there are no local firearm and knife ordinances. Many citiesand a growing number of the metro counties have a complete ban on the dischargeof firearms (except in self-defense). Other cities and counties have a ban on discharging a firearm within a certain distance from a road or a neighbor's houseor land owned by the city/county. Check Municode.com to see if your local ordinances are online. Also please be aware that knives are often regulated by localsso be careful with carrying a knife (knives with a blade 5 inches or longer anddesigned for offense and defense are preempted by state law).