Isabella Carter
On April 12, 2022, Governor Brian Kemp signed the Georgia Constitutional Carry Act (SB 319) into law, allowing constitutional carry in the state. The law went into effect immediately, meaning that Georgia residents no longer needed a permit to carry a handgun. However, there are certain places where carrying a firearm is off-limits, such as schools and courthouses. Additionally, open carry is not addressed in the constitutional carry bill, and some restrictions still apply to who can carry weapons on school grounds.
| Characteristics | Values |
|---|---|
| Name of the Act | Georgia Constitutional Carry Act (SB 319) |
| Date signed into law | April 12, 2022 |
| Effective date | January 1, 2023 |
| Signed by | Governor Brian Kemp |
| No permit required for | Handguns |
| No license required for | Carrying a handgun in a person's home, vehicle, place of business, while fishing or hunting, or unloaded in a case |
| Off-limits areas | Schools and courthouses |
| Age requirement | 21 years old (18 for members of the military) |
| Training required | No, but recommended |
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What You'll Learn
Governor Brian Kemp signs the bill into law
Governor Brian Kemp signed the Georgia Constitutional Carry Act (SB 319) and a license reciprocity measure (HB 218) into law on April 12, 2022. The bill 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. This means that Georgia residents are no longer required to obtain a permit to carry a handgun, although a Weapons Carry License (WCL) is still recommended by some.
The new law does not address open carry, but it does allow for the concealed carry of handguns by residents with a WCL, any lawful weapons carrier, and non-residents with a license or permit issued by another state. There are no firearms training requirements to obtain a WCL in Georgia, although some organizations recommend obtaining training to be a responsibly armed citizen. The minimum age to obtain a concealed carry license is 21 for civilians and 18 for members of the military.
There are still restrictions on where individuals can carry weapons, including schools and courthouses. Additionally, individuals cannot carry weapons into any office or administrative area, classroom used to teach dual-enrollment students, or room used for disciplinary hearings. It is the responsibility of the lawful weapons carrier to know and follow these laws at all times.
Governor Kemp highlighted that the bill stood up for the safety and constitutional rights of Georgia citizens and supported law enforcement. He also emphasized that it built upon previous efforts to enhance penalties for fleeing law enforcement, strengthen tools to combat street gangs, and fight human trafficking.
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No permit needed to carry a handgun
On January 1, 2023, a new law went into effect in Georgia, US, allowing individuals to carry a handgun without a permit. This law, known as the Georgia Constitutional Carry Act or Senate Bill 319, was signed by Governor Brian Kemp in April 2022.
The Act states that any individual who is not prohibited by law from possessing a handgun or long gun may carry a weapon in locations authorized by state law without a permit or license. However, it is important to note that there are exceptions to this law. For example, OCGA 16-11-127.1 places restrictions on who can carry weapons on school grounds and where weapons cannot be taken. Similarly, Oconee Fall Line Technical College has outlined specific areas on campus where weapons are not permitted, including offices, administrative areas, classrooms used for dual-enrollment teaching, and rooms for disciplinary hearings.
Prior to the Act, residents of Georgia were required to obtain a Weapons Carry License (WCL) to legally carry a concealed handgun. While obtaining this license did not require firearms training, the USCCA recommended that individuals seek training to become responsibly armed. The minimum age to obtain a concealed carry license in Georgia was 21 years old, or 18 years old for members of the military.
With the new law in effect, individuals in Georgia no longer need to obtain a permit or license to carry a handgun. However, as Gary Glemboski, the director of Global Tactical Training Group, notes, individuals can still obtain a Weapons Carry License if they wish, especially if they plan to carry a firearm for personal protection. Glemboski further emphasizes the importance of gun safety and education, stating that gun ownership entails more than just the training aspect but also knowledge of loading, basic gun placement, and the legal implications of using a firearm.
It is worth noting that the law still makes it illegal for convicted felons to carry weapons. Additionally, there are certain areas in Georgia where carrying a handgun is off-limits, such as schools and courthouses. While the constitutional carry bill does not address open carry, it is important to be aware of the specific regulations and restrictions that may apply in each state.
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No firearms training required
On April 12, 2022, Governor Brian Kemp signed the Georgia Constitutional Carry Act (SB 319) into law, allowing constitutional carry in Georgia. The law went into effect immediately.
Under the new law, no firearms training is required to obtain a Georgia Weapons Carry License (WCL). However, individuals must be at least 21 years old (or 18 for members of the military) to obtain a concealed carry license. It is important to note that open carry is not addressed in the constitutional carry bill.
While no license is required to carry a handgun in one's home, vehicle, place of business, while fishing or hunting, or unloaded in a case, there are still restrictions on where weapons can be carried. For example, schools and courthouses are off-limits. Additionally, individuals carrying weapons on campus must ensure that the handgun is concealed and not prominently displayed.
Despite the removal of the firearms training requirement, gun safety education is still crucial. Gary Glemboski, the director of Global Tactical Training Group, recommends obtaining a Weapons Carry License and emphasizes the importance of gun safety knowledge, including loading a gun and basic gun placement. Glemboski also highlights the legal implications of firearm use, even in self-defense situations.
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Lawful weapons carriers who violate the law are guilty of a misdemeanour
On 12 April 2022, Governor Brian Kemp signed the Georgia Constitutional Carry Act (SB 319) into law, which came into effect on 1 January 2023. This law 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:
- Is eligible for a weapons carry license under Georgia law, regardless of whether they have obtained said license, and is not prohibited by law from possessing a handgun or long gun.
- Is a resident of another state and meets all the requirements for a weapons carry license under Georgia law, except for the residency requirement.
- Is licensed to carry a weapon in any other state.
However, lawful weapons carriers who violate the law are guilty of a misdemeanour. A first violation for unlawful carrying of a weapon is a misdemeanour, but subsequent convictions are felonies. For example, carrying a weapon in a school safety zone is a felony for individuals who are not lawful weapons carriers. Additionally, it is a felony in Georgia to possess a gun or Taser if you have been convicted of a felony unless you have received a pardon that explicitly allows you to possess a firearm.
It is important to note that Georgia bans certain types of weapons, and violations of these bans can result in five years in prison. These banned weapons include:
- Firearm silencers
- Machine guns
- Sawed-off shotguns
- Brass or steel knuckles
- Blackjack, a short, leather-covered club with a flexible spring handle
- Billy, a club with an elongated handle
If you are facing criminal charges in Georgia, it is recommended to work with a qualified criminal defence attorney to determine the best course of action for your specific case. You have the right to plead not guilty, which will bring your case to trial, where the prosecution must prove your guilt beyond a reasonable doubt. Alternatively, you can plead guilty, which may result in a more lenient sentence, especially if it is part of a plea deal. Other options include negotiating a plea bargain, enrolling in diversion programs, or filing motions to suppress evidence or address other legal issues.
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The bill does not address open carry
On April 12, 2022, Governor Brian Kemp signed SB 319 into law, permitting constitutional carry in Georgia. The law went into effect immediately. This means that a person no longer needs a permit to carry a handgun in Georgia. However, it is important to note that the bill does not address open carry.
The Georgia Constitutional Carry Act, also known as Senate Bill 319, removes the requirement to obtain a permit before carrying a gun. While this change allows for greater ease of access to firearms, it does not change the existing regulations surrounding open carry. Open carry refers to the practice of carrying a firearm in a visible and accessible manner. In Georgia, open carry is not specifically addressed in the constitutional carry bill.
The bill primarily focuses on concealed carry, which is the practice of carrying a firearm in a hidden or discreet manner. Under the new law, residents of Georgia with a Weapons Carry License (WCL), any lawful weapons carrier, and non-residents with a license or permit issued by another state are permitted to engage in concealed carry. This means that individuals can carry a concealed firearm on their person, as long as it is not prominently displayed and is substantially covered by an article of clothing or carried within a nondescript bag.
While the constitutional carry bill does not address open carry, it is important to note that there are still regulations surrounding it in Georgia. Open carry may be permitted in certain areas, while it is prohibited in others. For example, schools and courthouses are off-limits for carrying firearms, regardless of whether they are carried openly or concealed. Additionally, individuals must comply with any restrictions imposed by specific locations, such as the prohibition of carrying firearms into offices, classrooms with dual-enrollment students, or rooms used for disciplinary hearings.
The lack of specific mention of open carry in the constitutional carry bill may be due to existing regulations or cultural norms in Georgia. It is possible that open carry was not a primary focus during the drafting of the bill, or that the state intends to address it through separate legislation. It is important for individuals in Georgia who choose to carry firearms to be aware of the applicable laws and regulations, including any updates or changes that may occur over time.
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Frequently asked questions
Constitutional carry went into effect in Georgia on 1 January 2023.
The Georgia Constitutional Carry Act, or SB 319, is a law that 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 Georgia Constitutional Carry Act does not apply to convicted felons, who are still prohibited from carrying weapons. The Act also does not apply to schools and courthouses, and there are restrictions on carrying weapons on school grounds. Additionally, the Act does not address open carry.
Any lawful weapons carrier who violates this law shall be guilty of a misdemeanour. Any person who is not a lawful weapons carrier and is in violation is guilty of a felony.
