Isabella Carter
On April 13, 2022, Georgia Governor Brian P. Kemp signed the Georgia Constitutional Carry Act (SB 319) into law, allowing most residents to carry handguns openly or concealed in public spaces without a background check or permit. This legislation, also known as permitless carry, repealed previous requirements for obtaining a weapons carry license, including a fingerprint background check. The Act defines a lawful weapons carrier as an individual who would be eligible for a weapons carry license under Georgia law or is licensed to carry a weapon in any other state. While the Act generally permits the carrying of concealed firearms, there are exceptions, such as restrictions on carrying weapons on school grounds and in certain areas on college campuses. The Georgia Constitutional Carry Act highlights the state's stance on upholding the Second Amendment and ensuring the safety and constitutional rights of its citizens.
| Characteristics | Values |
|---|---|
| Name of the Act | Georgia Constitutional Carry Act |
| Bill Numbers | SB 319 and HB 218 |
| Year | 2022 |
| Date Signed into Law | April 12, 2022 |
| Signed by | Governor Brian P. Kemp |
| Who does it apply to? | Any "lawful weapons carrier" |
| Definition of "lawful weapons carrier" | Any resident of any state who would be eligible for a weapons carry license under Georgia law or is licensed to carry a weapon in any other state |
| Where can they carry weapons? | In locations authorized by state law without a permit or license |
| Exceptions | Restrictions on carrying weapons on school grounds and in certain areas on college campuses |
| Penalty for violation | Misdemeanor for lawful weapons carriers; felony for those who are not lawful weapons carriers |
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What You'll Learn
The Georgia Constitutional Carry Act
To be considered a "lawful weapons carrier" under the Act, an individual must meet one of the following criteria:
- They would be eligible for a weapons carry license under Georgia law, regardless of whether they have obtained the license, and are not otherwise prohibited by law from possessing a handgun or long gun.
- They are a resident of another state who would be eligible for a weapons carry license in Georgia if they met the residency requirement.
- They are licensed to carry a weapon in any other state.
The Act places restrictions on where weapons can be carried, including on school grounds. For example, weapons cannot be carried into any office or administrative area, classroom used for dual-enrollment students, or room used for disciplinary hearings. Lawful weapons carriers are responsible for knowing and complying with these restrictions at all times.
Violations of the law by lawful weapons carriers are considered misdemeanors, while violations by those who are not lawful weapons carriers are considered felonies.
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The bill's signing into law by Governor Kemp
In 2022, Governor Brian P. Kemp of Georgia signed the Georgia Constitutional Carry Act (SB 319) and a license reciprocity measure (HB 218) into law. The governor was joined by First Lady Marty Kemp, two of his daughters, state constitutional officers, legislators, and other special guests for the bill signing ceremony.
Governor Kemp emphasised that the legislation stood up for the safety and constitutional rights of Georgia's citizens and supported law enforcement. He highlighted the state's efforts to pass enhanced penalties for those who flee or elude law enforcement, strengthen tools to combat street gangs, and continue the fight against human trafficking. The governor also mentioned that the bills would help build a safer and stronger Georgia, where individuals could defend themselves, as exemplified by his own family's experience with firearm ownership.
In addition to the Georgia Constitutional Carry Act, Governor Kemp signed dozens of other bills into law following the 2024 legislative session. One notable piece of legislation was the controversial elections bill, which outlined requirements for voter challenges and removed bar codes from ballots in 2026. This bill was opposed by Democrats, who argued that it created additional obstacles to voting.
Governor Kemp also approved a $36 billion budget for the state, which included raises for teachers, law enforcement, and other state employees. He emphasised that the budget demonstrated the state's priorities and would promote economic prosperity across Georgia. Among the dozens of bills signed, Governor Kemp also vetoed SB 368, which would have banned foreign nationals from donating to campaigns, as it was already a law in the state.
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The bill's impact on campus gun laws
The Second Amendment in the US grants citizens the right to keep and bear arms. The Georgia Constitution also guarantees this right. However, the General Assembly has the power to prescribe the manner in which arms may be borne.
The Georgia Constitutional Carry Act (SB 319) and a license reciprocity measure (HB 218) were signed into law by Governor Brian Kemp in April 2013. This allows for both open and concealed carry without a permit for residents and non-residents aged 21 or older. State preemption laws prohibit localities from regulating the ownership, transportation, carrying, and possession of firearms.
Additionally, faculty members are prohibited from asking students to identify themselves as weapon carriers or discouraging them from carrying weapons. If a student or employee violates the provisions of HB 280, the institution may treat it as a violation of its student code of conduct or personnel rules. However, the immediate situation should be handled by law enforcement. Safe storage options for weapons on campus include securing them in parked cars or making arrangements for off-campus storage.
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The bill's implications for lawful weapons carriers
On April 12, 2022, Georgia Governor Brian Kemp signed the Georgia Constitutional Carry Act (SB 319) into law, making Georgia the 25th state to pass a constitutional carry bill. The bill allows both residents and non-residents aged 21 and above to carry handguns and other weapons, including knives, openly or in a concealed manner without a permit. However, open carry of firearms was already legal in Georgia before the passage of the bill.
The bill has significant implications for individuals who lawfully possess firearms and other weapons. Firstly, it removes the requirement for a state permit to carry a weapon, providing greater freedom and convenience for law-abiding citizens who wish to exercise their Second Amendment rights. This is in line with the legislation passed in other states such as Florida, Kentucky, and Texas, which have also enacted constitutional carry laws.
Secondly, the bill enhances the self-defence capabilities of individuals by allowing them to carry weapons without restriction. This is particularly important for individuals who may face higher risks or feel unsafe in certain situations, such as those highlighted by Governor Kemp during the bill signing ceremony. The bill also ensures that individuals can protect themselves and their loved ones in various settings, including when engaging in activities such as hunting, fishing, and camping.
Thirdly, the bill promotes consistency and clarity in weapons laws across the state. Previously, there may have been variations in local regulations, causing confusion for individuals travelling between different jurisdictions. By establishing a statewide standard, the bill simplifies the legal landscape and makes it easier for individuals to understand and comply with the law.
However, it is important to note that the bill does not grant unrestricted weapons carry privileges to everyone. Individuals who are prohibited from possessing firearms under federal or state law, such as felons or individuals with specific convictions, are still restricted from carrying weapons. Additionally, there may be certain places, as outlined in Texas's "Places Weapons Prohibited" section, where the carry of firearms is not allowed, and the property owner or person in control of the property can decide whether to allow guns.
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The bill's effect on gun violence prevention
On April 13, 2022, Governor Brian P. Kemp signed the Georgia Constitutional Carry Act (SB 319) into law. This legislation allows residents of Georgia to carry concealed handguns without obtaining a permit, making it the 30th state to adopt such a policy. The bill's proponents argue that it upholds the Second Amendment rights of citizens and enhances their ability to defend themselves. However, critics argue that it will make Georgia less safe and that it contradicts efforts to prevent gun violence.
On the other hand, opponents of the bill worry that it will undermine efforts to prevent gun violence. They argue that easing access to firearms without stringent background checks and training requirements increases the risk of firearms falling into the wrong hands. This includes individuals with a history of domestic abuse, mental health issues, or criminal records who may now more easily obtain and conceal weapons.
Additionally, critics highlight the potential impact on law enforcement and community safety. They argue that the bill's passage will make it more challenging for law enforcement officers to distinguish between legal and illegal gun carriers, complicating their efforts to prevent and respond to gun-related incidents. This could, in turn, increase the risk of gun-related injuries and fatalities, particularly in situations of intimate partner violence, suicide attempts, and accidental shootings.
While the Georgia Constitutional Carry Act reflects a broader trend toward permitless carry policies in multiple states, the bill's effect on gun violence prevention remains a contentious issue. Proponents emphasize individual rights and self-defense, while opponents prioritize community safety and the need for stricter gun control measures. The bill's impact on gun violence in Georgia will likely be the subject of ongoing debate and evaluation in the years to come.
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Frequently asked questions
The Georgia Constitutional Carry Act, also known as SB 319, was signed into law by Governor Brian P. Kemp on April 13, 2022. This act allows any person who is not prohibited by law from possessing a handgun or long gun to carry a weapon in locations authorized by state law without a permit or license.
The Act allows most residents of Georgia to carry handguns openly or concealed in most public spaces without any background check or permit required. It also includes a license reciprocity measure, recognizing weapons carry licenses from other states.
Yes, there are exceptions to the law. For example, there are restrictions on who can carry weapons on school grounds and where weapons cannot be taken on campus. Weapons are also prohibited in certain areas of colleges, such as offices, classrooms used for dual-enrollment students, and rooms used for disciplinary hearings.
Any lawful weapons carrier who violates this law shall be guilty of a misdemeanor. Any person who is not a lawful weapons carrier and is in violation is guilty of a felony.
