Simone Lawson
On April 12, 2022, Georgia's governor, Brian Kemp, signed the Georgia Constitutional Carry Act (SB 319) into law, allowing 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. This law, also known as permitless carry or constitutional carry, repealed longstanding protections that previously required people to obtain a weapons carry license through a fingerprint background check to be eligible to carry concealed loaded firearms in public spaces. While the new law generally permits any lawful weapons carrier to carry handguns openly or concealed in most public spaces without any background check or permit required, there are still important exceptions and restrictions to this law that individuals must comply with to avoid legal consequences.
| Characteristics | Values |
|---|---|
| Enactment Date | April 12, 2022 |
| Enacted By | Governor Brian P. Kemp |
| Bill Numbers | SB 319 and HB 218 |
| Description | Allows people to carry handguns in public without needing permits issued |
| Applicable To | Lawful weapons carriers |
| Lawful Weapons Carrier | People eligible for a weapons carry license under Georgia law |
| Lawful Weapons Carrier | Residents of other states eligible for a weapons carry license in Georgia |
| Lawful Weapons Carrier | People licensed to carry a weapon in any other state |
| Exceptions | Government buildings, courthouses, jails, schools, and airports |
| Exceptions | Rooms with high school students enrolled through a dual enrollment program |
| Exceptions | Rooms being used for disciplinary hearings |
| Penalty for Violation | Misdemeanor for lawful weapons carriers, felony for non-lawful weapons carriers |
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What You'll Learn
Who is a 'lawful weapons carrier'?
In April 2022, Georgia's governor, Brian Kemp, signed the Georgia Constitutional Carry Act (SB 319) into law. This legislation, also known as "permitless carry", allows any "lawful weapons carrier" to carry handguns openly or concealed in most public spaces without any background check or permit required.
So, who is a "lawful weapons carrier"? A lawful weapons carrier is any individual who:
- Is over the age of 21 (or over the age of 18 if they are a member of the military).
- Is a resident of Georgia or a resident of another state.
- Does not have any prior felony convictions or pending felony charges and would be eligible for a carry license under Georgia law.
- Is not prohibited by law from possessing a handgun or long gun.
It is important to note that lawful weapons carriers are still subject to certain restrictions on where they can carry weapons, such as on school grounds and in certain buildings. Lawful weapons carriers are responsible for knowing and complying with the law at all times.
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Where can you carry a weapon on campus?
In 2022, Georgia enacted "permitless carry" legislation, which allows 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 someone who is eligible for a weapons carry license under Georgia law or would be eligible but for the residency requirement, or is licensed to carry a weapon in any other state.
The Georgia Constitutional Carry Act (SB 319) was signed into law by Governor Brian P. Kemp on April 13, 2022. This law allows any person 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. However, there are exceptions to this law, and OCGA 16-11-127.1 places restrictions on who can carry weapons on school grounds and where weapons cannot be taken.
On college campuses, lawful weapons carriers can carry a weapon in their vehicle and in common areas on campus, as long as it is concealed. However, weapons cannot be carried into any office or administrative area, any classroom with dual-enrollment (high school) students, or any room used for disciplinary hearings. It is the responsibility of the lawful weapons carrier to comply with the law and know the restrictions on where they can carry a weapon.
At the University of Georgia, the University System of Georgia (USG) prohibits all weapons on property owned or leased by the USG and its institutions, except as specifically allowed by federal or state law. Lawful weapons carriers are allowed to possess weapons in their vehicles, as long as they are in a locked compartment, container, or firearms rack. Only law enforcement personnel are responsible for enforcing the campus carry law.
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What are the penalties for violation?
On April 13, 2022, Governor Brian P. Kemp signed the Georgia Constitutional Carry Act (SB 319) into law. 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.
Any lawful weapons carrier who violates this law is guilty of a misdemeanor for the first offense. Any person who is not a lawful weapons carrier and is in violation is guilty of a felony. Any person convicted of this law involving a dangerous weapon or machine gun is guilty of a felony. For example, the penalty for carrying a weapon in a school safety zone increases from a misdemeanor to a felony when the defendant is not a lawful weapons carrier. It is also a felony in Georgia to possess a gun or Taser if you have been convicted of a felony (or certain juvenile offenses) unless you have received a pardon that explicitly allows you to have a firearm. The punishment varies depending on the nature of your previous conviction. Federal bans may also apply.
Georgia also prohibits carrying guns, stun guns, or Tasers, switchblades, clubs, and other weapons on school property (including school buses) and at school functions, unless the weapon is in a locked container in a vehicle. Violations are punishable by five years in prison.
In Georgia, it is also illegal to use a weapon, including a stun gun or Taser, or a knife with a blade that is at least three inches long, while committing or attempting to commit certain crimes. Violators can be charged with a separate felony in addition to the underlying crime. The punishment is stiffer if the offender was previously convicted of certain other crimes, including any felony involving the use or possession of a gun.
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What if you are not a lawful weapons carrier?
In April 2022, Georgia's governor, Brian Kemp, signed the Georgia Constitutional Carry Act (SB 319) into law. This legislation allows any "lawful weapons carrier" to carry handguns openly or concealed in most public spaces without any background check or permit required. However, it is important to note that there are still restrictions on who can carry weapons and where they can be carried, especially on school grounds.
Now, what happens if you are not a lawful weapons carrier and are found carrying a weapon in Georgia? According to Georgia's gun laws, if you are not a lawful weapons carrier and are in violation of the law, you are guilty of a felony. This means that the consequences are much more severe than for a lawful weapons carrier, who would be guilty of a misdemeanor for violating the law.
It is important to understand that the definition of a "lawful weapons carrier" in Georgia includes individuals who are at least 21 years old and meet certain eligibility criteria. These criteria include being a U.S. citizen or legal resident, not having any felony or drug convictions, and not having been in a mental hospital or drug treatment center within the last five years, among other requirements.
If you are unsure whether you meet the criteria to be a lawful weapons carrier in Georgia, it is essential to consult legal counsel or check with the Georgia Department of Public Safety for the latest information. The gun laws in Georgia and other states can change, so staying informed about your rights and responsibilities is crucial, especially when traveling or carrying a firearm.
In conclusion, while the Georgia Constitutional Carry Act allows lawful weapons carriers to carry handguns without a permit, those who are not lawful weapons carriers face severe penalties, including felony charges, if found in violation of the law. Understanding the eligibility criteria and legal requirements for carrying a weapon in Georgia is essential to avoid legal consequences and ensure public safety.
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What are the exceptions to the law?
On April 13, 2022, Georgia's Governor Brian P. Kemp signed the Georgia Constitutional Carry Act (SB 319) into law. This law allows any individual 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.
However, there are exceptions to this law. For instance, OCGA 16-11-127.1 places restrictions on who can carry weapons on school grounds and where weapons cannot be taken.
Another exception is that lawful weapons carriers cannot carry a weapon into any office or administrative area, classroom used to teach dual-enrollment (high school) students, or any room used to conduct disciplinary hearings. Lawful weapons carriers are also expected to carry their weapons in such a way that they are concealed and do not actively solicit attention.
Furthermore, individuals prohibited from obtaining weapons licenses due to hospitalization in a mental hospital or drug treatment center, or being adjudicated mentally incompetent, can petition a court to restore their eligibility for a weapons carry license.
In addition, individuals with a valid hunting or fishing license or those engaged in legal hunting, fishing, or sport shooting with the permission of the landowner may carry a weapon or long gun while hunting, fishing, or sport shooting.
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Frequently asked questions
The Georgia Constitutional Carry Act, or constitutional carry, is a law that allows people to carry handguns in public without needing permits. It was enacted on April 12, 2022, and applies to people who can legally carry weapons in Georgia, even without a license.
A "lawful weapons carrier" is someone who meets the minimum qualifications to obtain a weapons carry license under Georgia law, regardless of whether they have a license or not. They must not be prohibited by law from possessing a handgun or long gun.
Yes, there are certain places where even lawful weapons carriers cannot carry weapons. These include government buildings, courthouses, jails, schools, and airports. Private property owners also have the right to prohibit weapons on their property.
