Georgia Gun Laws: Carrying Without a License After the Constitutional Carry Act

On April 12, 2022, Governor Brian Kemp signed Senate Bill 319, also known as the Georgia Constitutional Carry Act, into law. This legislation fundamentally changed the landscape of firearm laws in the state by eliminating the requirement for Georgia residents to obtain a weapons carry license (WCL) in order to carry a handgun in most public places. While this law expanded the rights of many gun owners, it did not eliminate all restrictions on carrying firearms. Understanding what is and is not permitted under the current law is essential to avoiding serious criminal charges.

What the Constitutional Carry Act Changed

Before SB 319 took effect, Georgia required individuals to obtain a weapons carry license under O.C.G.A. Section 16-11-129 in order to carry a handgun outside of their home, motor vehicle, or place of business. The WCL required a background check, an application process through the local probate court, and a fee. Carrying a handgun without a valid WCL was a criminal offense.

The Constitutional Carry Act amended O.C.G.A. Section 16-11-126 to allow any person who is not prohibited by law from possessing a firearm to carry a handgun openly or concealed in most public places without a license. This means that if you are legally eligible to own a firearm in Georgia, you can carry that handgun on your person in public without applying for or obtaining a weapons carry license.

It is important to emphasize that the Constitutional Carry Act did not change who can legally possess firearms. All existing prohibitions on firearm possession remain in full effect. The law simply removed the licensing requirement for those who were already eligible to carry.

Who Can Carry Under Constitutional Carry

Under the Constitutional Carry Act, you may carry a handgun in Georgia without a license if you meet all of the following criteria. You must be at least 18 years old for open carry or at least 21 years old for concealed carry in most situations. You must be a legal resident of the United States. You must not be a convicted felon. Under O.C.G.A. Section 16-11-131, a person convicted of a felony is prohibited from possessing any firearm. You must not have been involuntarily committed to a mental health facility or found mentally incompetent by a court. You must not be subject to a court order prohibiting you from possessing firearms, such as a family violence protective order under O.C.G.A. Section 19-13-4. You must not be a fugitive from justice. You must not be an unlawful user of or addicted to any controlled substance.

Where You Cannot Carry a Firearm in Georgia

Even with constitutional carry in effect, there are numerous locations where carrying a firearm remains illegal under Georgia law. Violating these restrictions can result in misdemeanor or felony charges depending on the location and circumstances.

Government Buildings

Under O.C.G.A. Section 16-11-127(b), it is illegal to carry a firearm in a government building. A government building is defined as a building or portion of a building in which a government entity is the primary occupant. This includes courthouses, city halls, state office buildings, and similar facilities. A violation of this provision is a misdemeanor for a first offense, carrying a penalty of up to 12 months in jail and a fine of up to $1,000.

Schools and School Zones

Carrying a firearm in or within 1,000 feet of a school safety zone is prohibited under O.C.G.A. Section 16-11-127.1. This includes any public or private elementary or secondary school building, school grounds, or school buses. There are limited exceptions for individuals who have a valid weapons carry license (even though a license is no longer required for general carry, it still provides access to certain restricted areas), law enforcement officers, and individuals who are picking up or dropping off students and who leave the firearm secured in a vehicle. A violation of the school safety zone provision is a felony, carrying a sentence of two to ten years in prison.

Places of Worship

Under O.C.G.A. Section 16-11-127(b)(4), carrying a firearm in a place of worship is prohibited unless the governing body of that place of worship has authorized the carrying of firearms. Churches, mosques, synagogues, and other houses of worship may adopt their own policies regarding firearms. If a place of worship has not affirmatively authorized firearms, carrying one inside is a criminal offense.

Polling Places

It is illegal to carry a firearm within 150 feet of a polling place on election day under O.C.G.A. Section 16-11-127(b)(2). This prohibition applies during the hours that the polls are open for voting.

Bars and Certain Licensed Premises

Georgia law restricts the carrying of firearms in establishments that are primarily devoted to the sale of alcoholic beverages for consumption on the premises. However, the law has been amended in recent years to allow weapons carry license holders to carry in restaurants that serve alcohol, provided the carrier does not consume alcohol. The interplay between these provisions can be confusing, and mistakes can lead to criminal charges.

Mental Health Facilities and Nuclear Power Plants

O.C.G.A. Section 16-11-127(b)(3) and (b)(5) prohibit carrying firearms in mental health facilities and within certain secured areas of nuclear power plants. These are strict prohibitions with no exceptions for general citizens.

Criminal Charges Related to Firearms in Georgia

Despite constitutional carry, there are still many ways to face criminal charges involving firearms in Georgia. Common charges include carrying a weapon in a prohibited location under O.C.G.A. Section 16-11-127, which is typically a misdemeanor punishable by up to 12 months in jail and a $1,000 fine for most locations. Possession of a firearm by a convicted felon under O.C.G.A. Section 16-11-131 is a felony punishable by one to ten years in prison. Possession of a firearm during the commission of a felony under O.C.G.A. Section 16-11-106 carries a mandatory minimum consecutive sentence of five years. Pointing a gun at another person under O.C.G.A. Section 16-11-102 is a misdemeanor. Discharging a firearm near a public highway or street under O.C.G.A. Section 16-11-103 is also a misdemeanor. Carrying a weapon on school property under O.C.G.A. Section 16-11-127.1 is a felony.

Why You Should Still Consider Getting a Weapons Carry License

Even though a weapons carry license is no longer required for most purposes in Georgia, there are still good reasons to obtain one. A Georgia WCL provides reciprocity with other states that have carry license agreements with Georgia, meaning you can legally carry in those states based on your Georgia license. A WCL allows you to carry in certain restricted locations where unlicensed carry is not permitted, such as some government buildings with security screening. The WCL application process involves a background check that can serve as additional verification of your eligibility to carry. Having a WCL can also simplify interactions with law enforcement if you are stopped while carrying a firearm.

What to Do If You Are Charged With a Firearms Offense

If you have been arrested or charged with a firearms offense in Georgia, the most important thing you can do is contact an experienced criminal defense attorney immediately. Do not make any statements to law enforcement without your attorney present. Do not consent to a search of your person, vehicle, or home without a warrant. Comply with the officer's instructions for your safety, but exercise your right to remain silent and your right to an attorney.

Contact J. Lee & Associates for Firearms Defense

Georgia's firearm laws are complex, and the consequences of a conviction can be severe. Whether you are facing charges for carrying in a prohibited location, possession of a firearm by a convicted felon, or any other weapons offense, the attorneys at J. Lee & Associates Law Group are ready to defend your rights. We have extensive experience with Georgia firearms cases and understand how to build an effective defense. Contact J. Lee & Associates at (770) 676-4445 for a free consultation. Our office is located at 1250 Tech Dr, Suite 240, Norcross, GA 30093. We serve clients throughout Gwinnett County, DeKalb County, Fulton County, and the greater Atlanta area.