Jonah Patel
On April 12, 2022, Georgia Governor Brian Kemp signed the Georgia Constitutional Carry Act (SB 319) into law, making Georgia a constitutional carry or permitless carry state. The law allows lawful gun owners to carry a concealed weapon in most public places without obtaining a weapons carry license from the state. Governor Kemp championed the measure as a way to build a safer, stronger Georgia.
| Characteristics | Values |
|---|---|
| Name of the Act | Georgia Constitutional Carry Act |
| Year passed | 2022 |
| Type of carry | Constitutional carry or permitless carry |
| Bill number | SB 319 |
| Signed by | Governor Brian P. Kemp |
| Date signed into law | April 12, 2022 |
| Effective date | Immediate |
| Weapons allowed | Handgun or long gun |
| Locations allowed | Locations authorized by state law |
| Requirements | Must be concealed, not prominently displayed |
| Exceptions | Schools, courthouses, airports, prisons, and jails |
| Penalty for violation | Misdemeanor for lawful carriers, felony for unlawful carriers |
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What You'll Learn
- The Georgia Constitutional Carry Act allows lawful gun owners to carry a concealed weapon in most public places without a license
- There are exceptions to the law, with restrictions on who can carry weapons on school grounds and where weapons cannot be taken
- The law does not apply to people with felony charges or those who have been treated in a mental health institution
- Open carry is legal in Georgia with a Georgia Weapons Carry License (WCL) or a concealed carry permit from another state
- The bill was signed into law by Governor Brian Kemp on April 12, 2022
The Georgia Constitutional Carry Act allows lawful gun owners to carry a concealed weapon in most public places without a license
On April 12, 2022, Governor Brian Kemp of Georgia signed the Georgia Constitutional Carry Act (SB 319) into law, allowing "lawful" gun owners to carry a concealed weapon in most public places without a weapons carry license from the state. This act, also known as "permitless carry," removes the previous requirement for gun owners to apply for a weapons permit and pass a federal background check before carrying a firearm. The new law asserts that the right to bear arms is granted by the Constitution of the United States, not the government.
The Georgia Constitutional Carry Act specifically states that individuals can carry a concealed weapon in locations authorized by state law without a permit or license. However, there are exceptions to this law. For example, concealed handguns are still prohibited in places where they are federally banned, such as airports, courthouses, prisons, and jails. Additionally, OCGA 16-11-127.1 places restrictions on who can carry weapons on school grounds and where weapons cannot be taken.
It is important to note that the law only applies to individuals who are not prohibited by law from possessing a handgun or long gun. Those with a criminal background or pending felony charges may not be eligible to carry a concealed weapon under this new law. The specific restrictions and requirements are outlined in Georgia's state laws and must be followed by all weapons carriers.
The Georgia Constitutional Carry Act also includes a license reciprocity measure (HB 218), which ensures that individuals licensed to carry a weapon in another state are also authorized to do so in Georgia. This reciprocity extends to states like Alabama, Florida, Kentucky, Mississippi, North Carolina, South Carolina, and Tennessee, which recognize a Georgia weapons carry license.
The passage of the Georgia Constitutional Carry Act reflects a broader trend in the United States, with over half of the states embracing constitutional carry or permitless carry laws. Georgia became the 25th state to pass such legislation, joining the likes of Alabama, Ohio, Indiana, and Tennessee.
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There are exceptions to the law, with restrictions on who can carry weapons on school grounds and where weapons cannot be taken
In April 2022, Governor Brian P. Kemp signed the Georgia Constitutional Carry Act (SB 319) and a license reciprocity measure (HB 218) into law. This act allows individuals licensed to carry a weapon in another state to do so in Georgia. However, there are exceptions to this law, including restrictions on who can carry weapons on school grounds and where weapons cannot be taken.
In Georgia, it is generally unlawful for any person to carry, possess, or have control of any weapon within a school safety zone, at a school function, or on a bus or other transportation furnished by a school. This includes public or private elementary, secondary, and postsecondary educational institutions. The law defines a weapon as any pistol, revolver, knife with a blade longer than two inches, razor, club, stun gun, or taser, among other items.
There are, however, some exceptions to this restriction. For example, a "lawful weapons carrier" may carry a firearm within a school safety zone if it is legally kept within a locked compartment in a motor vehicle used by a non-student adult over 21 years old. Additionally, a person residing or transacting lawful business within a school safety zone but outside a school building or property is not prohibited from carrying a weapon.
Georgia law also allows lawful weapons carriers to carry concealed handguns inside any building or on real property owned by or leased to any public technical school, vocational school, college, or university, or other public postsecondary educational institution. However, guns are still generally prohibited in specific areas of campus, including buildings or property used for athletic sporting events, student housing, and faculty or administrative offices.
It is important to note that the consequences for violating these laws vary depending on whether the individual is a licensed holder of a weapon. In Georgia, a licensed holder found with a weapon in a school zone will be charged with a misdemeanor, punishable by a fine of up to $1,000 and up to one year in jail. On the other hand, an unlicensed individual found with a weapon in a school zone will be guilty of a felony, punishable by a fine of up to $10,000 and a prison term of two to ten years.
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The law does not apply to people with felony charges or those who have been treated in a mental health institution
The Georgia Constitutional Carry Act, passed in 2022, allows "lawful" gun owners to carry a concealed weapon in most public places without a state weapons carry license. However, the law does not apply to individuals with pending felony charges or convictions, or those who have received treatment in a mental health institution or drug rehabilitation program within the preceding five years.
Federal law prohibits firearm possession by individuals who have been involuntarily committed to a mental institution or deemed a danger to themselves or others due to their mental condition. In Georgia, individuals prohibited from obtaining a weapons license due to mental health-related issues can petition a court to restore their eligibility. The court considers evidence regarding the circumstances of the prohibition, the individual's mental health and criminal history, and their reputation through character witnesses.
While the Georgia Constitutional Carry Act removes the need for a state weapons carry license, individuals are still required to comply with federal laws and regulations regarding firearm possession. This includes restrictions on carrying concealed handguns in airports, courthouses, prisons, and jails.
It is important to note that the law also enhances penalties for those who choose to flee or elude law enforcement and strengthens measures to combat street gangs and human trafficking. The act aims to prioritize the safety and constitutional rights of Georgia's citizens while supporting law enforcement agencies.
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Open carry is legal in Georgia with a Georgia Weapons Carry License (WCL) or a concealed carry permit from another state
In April 2022, Georgia's governor, Brian Kemp, signed the Georgia Constitutional Carry Act (SB 319) and a license reciprocity measure (HB 218) into law. The Act, also known as the "permitless carry" legislation, allows "lawful" gun owners to carry a concealed weapon in most public places without needing a weapons carry license from the state. The license reciprocity measure, HB 218, grants universal recognition to concealed carry permits held by non-Georgia residents, issued by any other state.
Prior to the Act, state law required gun owners to apply for a weapons permit and pass a federal background check before they were authorized to carry a firearm, concealed or otherwise. Now, Georgia generally permits any "lawful weapons carrier" to carry handguns openly or concealed in most public spaces without any background check or permit required. A "lawful weapons carrier" is defined as an individual who would be eligible for a weapons carry license under Georgia law, regardless of whether they have a license, and is not otherwise prohibited by law from possessing a handgun or long gun.
It is important to note that there are still some areas where carrying a firearm is off-limits, including schools, courthouses, airports, prisons, and jails. Additionally, individuals who have been hospitalized in any mental hospital or treated in a drug or alcohol rehabilitation center may be prohibited from obtaining a weapons license but can petition a court to restore their eligibility.
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The bill was signed into law by Governor Brian Kemp on April 12, 2022
On April 12, 2022, Governor Brian Kemp of Georgia signed the Georgia Constitutional Carry Act (SB 319) into law, making Georgia a constitutional carry or "permitless carry" state. This act allows any individual who is not prohibited by law from possessing a handgun or long gun to carry a concealed weapon in most public places without obtaining a weapons carry license from the state. The bill was signed during a ceremony attended by the First Lady Marty Kemp, two of the governor's daughters, state constitutional officers, legislators, and other special guests.
Governor Kemp championed the measure, stating that it would help build a "safer, stronger Georgia." He emphasized that the new law ensures that law-abiding Georgians can protect themselves without having to seek permission from the state government, as the right to bear arms is granted by the Constitution of the United States, not the government. Prior to the enactment of this law, Georgia state law required gun owners to apply for a weapons permit and undergo a federal background check before carrying a firearm, in accordance with Georgia Code 16-11-129.
The Georgia Constitutional Carry Act includes certain restrictions on where weapons can be carried. For example, concealed handguns are still prohibited in places where they are federally banned, such as airports, courthouses, and prisons. Additionally, there are specific limitations on carrying weapons on school grounds, as outlined in OCGA 16-11-127.1.
The bill signing occurred amidst a broader context of legislative efforts in Georgia to enhance public safety and uphold the constitutional rights of citizens. These efforts included passing enhanced penalties for those who flee from law enforcement, strengthening measures to combat street gangs, and continuing the fight against human trafficking.
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Frequently asked questions
Yes, the Georgia Constitutional Carry Act was passed in 2022.
The Act allows "lawful" gun owners to carry a concealed weapon in most public places without a weapons carry license from the state.
Any lawful weapons carrier who violates this law is guilty of a misdemeanour. If a person who is not a lawful weapons carrier violates the law, they are guilty of a felony.
To carry a concealed weapon in Georgia, an individual must pass a criminal background check and not be a convicted felon or have pending felony charges. They also must not have been treated in a mental health institution or drug rehab program within five years of the application date.
Yes, concealed handguns cannot be carried in places where they are federally prohibited, including airports, courthouses, prisons and jails.
