Isabella Carter
On April 12, 2022, Georgia Governor Brian Kemp signed SB 319, also known as the Georgia Constitutional Carry Act, into law. The Act, which went into effect immediately, permits constitutional carry in Georgia, allowing lawful gun owners to carry a concealed weapon in most public places without a weapons carry license from the state.
| Characteristics | Values |
|---|---|
| Date signed into law | April 12, 2022 |
| Effective date | April 13, 2022 |
| Bill number | SB 319 |
| Related bill | HB 218 |
| Bill type | Constitutional carry bill |
| Bill name | Georgia Constitutional Carry Act |
| Signed by | Governor Brian Kemp |
| No permit required for | Lawful gun owners |
| Permit type | Weapons Carry License (WCL) |
| Permit validity | 5 years |
| Permit conditions | Residency in the county of application |
| Age requirement | 21 years (18 for military members) |
| Training required | No |
| Training recommended by | USCCA |
| Training type | Firearms training |
| Training for | School personnel |
| Places off-limits | Schools, courthouses, airports, prisons, and jails |
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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, marking a significant development in the state's gun legislation. The Act, also known as the "campus carry" legislation, allows individuals to carry a weapon in Georgia without a permit, provided they meet certain qualifications. This move aligns with the state's stance on upholding the Second Amendment and empowering citizens to defend themselves and their property.
Under the new law, individuals in Georgia no longer need a Weapons Carry License (WCL) or a concealed carry permit to carry a weapon. However, some areas remain off-limits for weapon carriage, including schools and courthouses. The Act also addresses the justification for threatening or using force, stating that individuals are within their rights when they reasonably believe it is necessary to prevent or terminate criminal interference with their property or the property of their immediate family.
The enactment of the Georgia Constitutional Carry Act reflects the state's priorities in safeguarding its citizens and upholding their constitutional rights. Governor Kemp emphasized that the legislation stands against the demonization of law enforcement and the undermining of public safety witnessed in some liberal states. By passing this Act, Georgia takes a distinct path, prioritizing the empowerment of its citizens to protect themselves and their loved ones. This development in Georgia's gun laws represents a significant shift in the state's approach to weapon carriage and self-defense.
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Lawful weapons carriers
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.
A "lawful weapons carrier" in Georgia is an individual who meets the following criteria:
- They are eligible for a weapons carry license under Georgia law, regardless of whether they have obtained the license or not, and are not prohibited by law from possessing a handgun or long gun.
- They are a resident of another state and would be eligible for a weapons carry license in Georgia if they were a resident.
- They have a valid weapons carry license from another state.
Weapons Carry License:
Georgia has retained its weapons carry licensing process to enable individuals who wish to carry weapons in other states that require a license to obtain one. An applicant can apply for a "weapons carry" license to the probate court judge in their county of residence. Within five business days of receiving the application, the probate court judge directs the local law enforcement agency to request a criminal history records check and a background check. The law enforcement agency must then report any findings that may impact the applicant's eligibility for a license. The probate court judge has partial discretion in the process and can deny a license application if they find evidence that the applicant is not of "good moral character."
Restrictions:
While the new law allows lawful weapons carriers to carry handguns openly or concealed in most public spaces without a background check or permit, certain locations remain off-limits for carrying weapons, including government buildings, courthouses, jails, schools, and airports. Carrying weapons in these locations, even for lawful weapons carriers, could result in arrest. Additionally, private property owners have the right to prohibit weapons on their property.
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Concealed carry laws
On April 12, 2022, Governor Brian Kemp signed the Georgia Constitutional Carry Act (SB 319) into law, allowing constitutional carry in Georgia to take effect immediately. This law permits any "lawful weapons carrier" to carry handguns openly or concealed in most public spaces without any background check or permit required.
Previously, open carry was only legal in Georgia with a Georgia Weapons Carry License (WCL) or a concealed carry permit from a state recognized by Georgia. Some areas were off-limits, including schools and courthouses. To obtain a Georgia WCL, an applicant had to be at least 21 years old (or 18 for members of the military) and undergo a criminal history records check and a background check. However, no firearms training was required.
With the new law in place, Georgia residents with a WCL, any lawful weapons carrier, and non-residents with a license/permit issued by any other state can carry concealed weapons. 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 they have the license, and are not prohibited by law from possessing a handgun or long gun.
- They are a resident of any other state and would be eligible for a weapons carry license under Georgia law if not for the residency requirement.
- They are licensed to carry a weapon in any other state.
It is important to note that Georgia's permitless carry law does not apply to everyone. Non-residents must still adhere to specific criteria to carry concealed firearms in public in Georgia. They must either be eligible for a weapons carry license under Georgia law or licensed to carry a weapon in any other state.
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Open carry laws
On April 12, 2022, Governor Brian Kemp signed SB 319, also known as the Georgia Constitutional Carry Act, into law, permitting constitutional carry in Georgia. The law went into effect immediately.
- 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 and would be eligible to obtain a weapons carry license under Georgia law but for the residency requirement.
- They are licensed to carry a weapon in any other state.
Some areas are off-limits for open carry, including schools and courthouses. Additionally, no license is needed to carry a handgun in a person's home, vehicle, place of business, while fishing or hunting, or unloaded in a case.
It is important to note that open carry laws have been criticised as they can make it difficult for officials to identify and stop an active shooter, and they have been exploited by white supremacists and members of other hate groups as a show of force.
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Weapons Carry License (WCL)
On April 12, 2022, Governor Brian Kemp signed the Georgia Constitutional Carry Act (SB 319) into law, permitting constitutional carry in Georgia. The law went into effect immediately.
A Weapons Carry License (WCL), also called a firearms license, allows an individual to carry a concealed firearm in states that practice firearm permit reciprocity with Georgia. It is important to note that a WCL is not required to purchase or carry a firearm within the state of Georgia. However, open carry in Georgia requires a WCL or a concealed carry permit from a state recognized by Georgia. Certain areas, such as schools and courthouses, are off-limits for open carry.
To obtain a WCL, applicants must meet specific requirements. These include being a U.S. citizen or legal resident, having no felony or drug convictions, and no pending criminal proceedings. Additionally, applicants must not have been in a mental health facility or substance abuse treatment within the last five years. Military members aged 18 and older who have completed basic training and are on active duty or have been honorably discharged are also eligible for a WCL.
The process of applying for a WCL involves providing fingerprints and undergoing a criminal history and background check. The application fee varies, with a discounted rate of $6 for retired law enforcement officers who meet certain criteria. The license is valid for five years, and renewal applications can be submitted up to 90 days before the expiration date or within 30 days after for a reduced fee.
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Frequently asked questions
The Georgia Constitutional Carry Act was signed into law by Governor Brian Kemp on April 12, 2022, and went into effect immediately.
The Act allows "lawful" gun owners to carry a concealed weapon in most public places without a weapons carry license from the state.
The Act is also known as "permitless carry" legislation.
