Eleanor Finch
On April 12, 2022, Georgia Governor Brian Kemp signed the Georgia Constitutional Carry Act (SB 319) into law, allowing lawful weapons carriers to carry handguns openly or concealed in most public spaces without a background check or permit. This law, also known as permitless carry or constitutional carry, repealed longstanding protections that previously required people to obtain a weapons carry license and pass a background check to carry concealed firearms in public. While the new law removes the requirement for a permit, certain individuals are still prohibited from carrying weapons in Georgia, including convicted felons, individuals with specific misdemeanor convictions, and those under 21 years old (unless they are active U.S. military).
| Characteristics | Values |
|---|---|
| Name of Law | Georgia Constitutional Carry Act (SB 319) |
| Date Enacted | April 12, 2022 |
| Date Effective | January 1, 2023 |
| Weapons Covered | Handguns |
| Carry Type | Openly or concealed |
| Permit Required | No |
| Background Check Required | No |
| Eligibility | Lawful weapons carrier, including individuals who meet Georgia's weapons carry license requirements, non-residents who would meet the requirements but for the residency rule, and individuals licensed to carry a weapon in another state |
| Age Requirement | 21 years old; 18 years old for active U.S. military |
| Training Required | No |
| Restricted Locations | Government buildings, courthouses, jails, schools, airports, and private property where prohibited by the owner |
| Penalty for Violation | Misdemeanor for lawful weapons carriers; felony for non-lawful weapons carriers |
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What You'll Learn
The Georgia Constitutional Carry Act
On April 12, 2022, Governor Brian P. Kemp signed the Georgia Constitutional Carry Act (SB 319) into law, enacting "permitless carry" legislation in the state. This law allows individuals to carry handguns in public without a permit, as long as they are considered "lawful weapons carriers."
Previously, Georgia law required individuals to obtain a "weapons carry license" through a probate court judge in their county of residence to be eligible to carry concealed firearms in public spaces. This process included a fingerprint background check and a criminal history records check through the Georgia Crime Information Center and the FBI. However, with the new law, individuals are no longer required to obtain a license or undergo background checks to carry handguns openly or concealed in most public spaces.
It is important to note that there are still restrictions on who can carry a weapon in Georgia. Convicted felons, certain individuals with misdemeanor convictions, and those legally determined to have a mental illness are prohibited from possessing firearms. Additionally, individuals must be 21 years or older to carry a gun, with an exception for active military personnel aged 18 and older who have completed basic training.
Supporters of the Act argue that it upholds the constitutional rights of citizens, particularly the Second Amendment, and enhances their safety by allowing them to defend themselves. They also emphasize that it strengthens law enforcement by providing additional tools to combat street gangs and human trafficking. However, critics argue that it undermines public safety by removing longstanding protections and allowing individuals to carry weapons without proper background checks and training.
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No permit needed to carry
In April 2022, Georgia's governor, Brian Kemp, signed the Georgia Constitutional Carry Act (SB 319) into law, removing the requirement for a permit to carry a handgun in the state. This law, also known as "constitutional carry" or "permitless carry", allows individuals to carry handguns in public without a permit or license.
Prior to this law, Georgia required individuals to obtain a "weapons carry license" to carry a concealed firearm in public. This involved applying to a probate court judge, who had some discretion in granting licenses based on their assessment of the applicant's "good moral character". The law also mandated a criminal background check and a fingerprint check.
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:
- Meets the eligibility requirements for a weapons carry license under Georgia law, regardless of whether they possess a license, and is not prohibited by law from possessing a handgun or long gun;
- Is a resident of another state who would be eligible for a weapons carry license in Georgia if they met the residency requirement; or
- Is licensed to carry a weapon in any other state.
While the new law removes the requirement for a permit, there are still restrictions on who can carry a weapon and where it can be carried. For example, convicted felons, certain individuals with misdemeanor convictions, and those with a history of mental illness are prohibited from carrying weapons in Georgia. Additionally, weapons are still prohibited in certain locations, such as government buildings, courthouses, jails, schools, and airports.
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Who can carry a weapon
In April 2022, Georgia's governor, Brian Kemp, signed the Georgia Constitutional Carry Act (SB 319) into law, allowing "permitless carry" of handguns in the state. This means that Georgians no longer need a permit to carry a handgun in public spaces, and the law applies to those who are considered "lawful weapons carriers."
A "lawful weapons carrier" is defined as someone who:
- Is eligible for a weapons carry license under Georgia law, regardless of whether they have the license, and is not prohibited by law from possessing a handgun or long gun.
- Is a resident of any other state and would be eligible for a weapons carry license in Georgia if they met the residency requirement.
- Is licensed to carry a weapon in any other state.
It is important to note that there are still age restrictions in place. Generally, individuals must be 21 years or older to carry a gun. However, there is an exception for those who are 18 years or older and actively serving in the military. These individuals must have completed basic training and be able to provide proof of active duty or honorable discharge.
Additionally, certain individuals are prohibited from carrying weapons in Georgia, including convicted felons and individuals with specific misdemeanor convictions, such as domestic violence offenses. Individuals who have been treated for mental illness or in a drug rehabilitation program within the last five years are also restricted from carrying weapons.
While the new law allows for permitless carry, there are still restrictions on where handguns can be carried. Weapons are prohibited in certain locations, including government buildings, courthouses, jails, schools, and airports. Carrying a weapon in these locations, even for lawful weapons carriers, could result in arrest. Private property owners also have the right to prohibit weapons on their property.
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Where you can carry a weapon
On April 12, 2022, Georgia's governor, Brian Kemp, signed the Georgia Constitutional Carry Act (SB 319) into law. This law allows people to carry handguns in public without needing permits. However, it is still illegal for certain individuals to carry weapons in Georgia. These include convicted felons, certain individuals with misdemeanor convictions, and those under 21 years old (unless they are active U.S. military).
The new law means that Georgia now generally permits any ""lawful weapons carrier" to carry handguns openly or concealed in most public spaces without any background check or permit required. A person is considered a "lawful weapons carrier" if they meet the following criteria:
- They would be eligible for a weapons carry license under Georgia law, regardless of whether or not they have a license, and are not otherwise prohibited by law from possessing a handgun or long gun.
- They are a resident of any other state who would be eligible for a weapons carry license under Georgia law but for the residency requirement.
- They are licensed to carry a weapon in any other state.
While the new law allows for more permissive carry of firearms, there are still certain locations that remain off-limits for carrying weapons, even for lawful weapons carriers. These include government buildings, courthouses, jails, schools, and airports. Carrying a weapon in these locations could result in arrest. Additionally, private property owners have the right to prohibit weapons on their property.
It is important to note that while Georgia does not require applicants to undergo firearm safety training or demonstrate competence with a firearm, individuals must still adhere to federal and state laws that govern the possession and carry of firearms. These laws outline specific restrictions and qualifications that must be met to legally carry a weapon.
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Exceptions to the law
On April 12, 2022, Georgia enacted "permitless carry" legislation, which allows people to carry handguns in public without needing permits issued. However, there are exceptions to this law.
Firstly, there are age restrictions. Most people must be 21 or older to carry a gun. The exception to this rule is for individuals who are 18 or older and in the military. They must have completed basic training and be able to provide proof of active duty or honorable discharge.
Secondly, certain individuals are prohibited by law from carrying weapons in Georgia. This includes convicted felons, who cannot possess a firearm at any time, anywhere. This applies to both in-state and out-of-state felony convictions, and violating this prohibition is a felony punishable by up to five years in prison. In addition to felonies, certain misdemeanor convictions can also prohibit firearm possession, such as domestic violence offenses. Those who have been legally determined to have a mental illness are also prohibited from carrying weapons.
Thirdly, there are restrictions on where weapons can be carried. Certain locations remain off-limits for carrying weapons, even for lawful weapons carriers. These include government buildings, courthouses, jails, schools, and airports. Carrying weapons in these locations could result in arrest. Private property owners also have the right to prohibit weapons on their property.
Finally, while Georgia's constitutional carry law allows individuals to carry weapons without a license, the state has retained its weapons carry licensing process. This enables people who wish to carry weapons in other states that require a license to obtain one. Applicants may apply for a "weapons carry" license to the probate court judge in their county of residence, and the law grants the probate court judge some discretion in the approval process.
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Frequently asked questions
Yes, Georgia passed a new weapon carry law on April 12, 2022, which came into effect on January 1, 2023. This law, known as the Georgia Constitutional Carry Act, allows people to carry handguns in public without a permit.
In Georgia, a "lawful weapons carrier" is someone who:
- Is eligible for a weapons carry license under Georgia law, or would be eligible but for the residency requirement.
- Is a resident of any other state and is eligible to obtain a weapons carry license under Georgia law.
- Is licensed to carry a weapon in any other state.
No, a background check is not required to carry a gun in Georgia. However, a probate court judge can deny a license application if they find evidence that the applicant is not "of good moral character".
Certain locations remain off-limits for carrying weapons, even for lawful weapons carriers. These include government buildings, courthouses, jails, schools, and airports. Carrying a gun in these locations could result in arrest.
