Isabella Carter
On April 13, 2022, Georgia's Republican Governor Brian Kemp signed the Georgia Constitutional Carry Act (SB 319) into law, allowing residents to carry handguns in public spaces without a permit or license. This legislation, also known as permitless carry, removes the previous requirement for Georgians to obtain a Weapons Carry License (WCL) through their county's probate court, which included undergoing a criminal background check and fingerprinting. The Act faced opposition from Democrats, who raised concerns about public safety and the removal of background checks, but was supported by Republicans, who argued that it upholds Second Amendment rights and empowers individuals to protect themselves and their families. The law came into effect on January 1, 2023, and while it eliminates the need for a permit, it does not change the restrictions on who can carry weapons on school grounds and where weapons cannot be taken.
| Characteristics | Values |
|---|---|
| Date passed into law | 13 April 2022 |
| Signed by | Governor Brian Kemp |
| Bill name | Georgia Constitutional Carry Act (SB 319) |
| Bill type | "Permitless carry" legislation |
| Who can carry a weapon | Any "lawful weapons carrier" |
| Who is a "lawful weapons carrier" | 1. Any person who would be eligible for a weapons carry license under Georgia law, whether or not they have a license, and is not prohibited by law from possessing a handgun or long gun |
| 2. Any resident of any other state who would be eligible for a weapons carry license under Georgia law but for the residency requirement | |
| 3. Any person licensed to carry a weapon in any other state | |
| Where can weapons be carried | In locations authorized by state law without a permit or license |
| Where weapons cannot be carried | School grounds |
| Other | HB 218 ensures that individuals who are licensed to carry a weapon in another state are also authorized to do so in Georgia |
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What You'll Learn
- The Georgia Constitutional Carry Act (SB 319) was signed into law by Governor Brian Kemp on April 13, 2022
- The Act allows individuals to carry handguns openly or concealed in most public spaces without a permit or license
- Lawful weapons carriers can carry weapons on campus, but with restrictions on specific areas
- The Act does not apply to convicted felons, who are still prohibited from carrying weapons
- The Act also includes a license reciprocity measure (HB 218), allowing individuals licensed to carry a weapon in another state to do so in Georgia
The Georgia Constitutional Carry Act (SB 319) was signed into law by Governor Brian Kemp on April 13, 2022
On April 13, 2022, Governor Brian Kemp of Georgia, joined by his wife Marty Kemp, two of his daughters, state constitutional officers, legislators, and other special guests, signed the Georgia Constitutional Carry Act (SB 319) into law. The Act removes the requirement for law-abiding Georgians to obtain a license or permit to carry a handgun or long gun in locations authorized by state law. Governor Kemp emphasized that the Act upholds the constitutional rights of citizens and ensures their safety, particularly highlighting the importance of defending his three daughters.
The Georgia Constitutional Carry Act (SB 319) is a significant development in the state's gun laws. It allows individuals who are not prohibited by law from possessing a handgun or long gun to carry a weapon in permitted locations without a license or permit. This Act ensures that citizens can protect themselves and their loved ones without seeking permission from the state government. The Second Amendment right to bear arms is a strongly held belief for many Georgians, and this Act reinforces that right.
The signing of the Act into law also included a license reciprocity measure, HB 218, which authorizes individuals licensed to carry a weapon in another state to do the same in Georgia. This measure ensures that lawful gun owners from other states can retain their ability to carry a weapon when visiting or relocating to Georgia.
While the Georgia Constitutional Carry Act expands gun rights in the state, it is important to note that there are still restrictions and exceptions to the law. For example, OCGA 16-11-127.1 places limitations on who can carry weapons on school grounds and where weapons cannot be taken. Additionally, individuals are expected to comply with existing laws regarding the possession, carrying, and transportation of firearms, weapons, and explosive materials on specific premises, such as college campuses.
The passage of the Georgia Constitutional Carry Act reflects the state's commitment to public safety and upholding the rights of its citizens. It is a testament to the efforts of Governor Kemp and the General Assembly to address the concerns of Georgians and balance individual liberties with necessary safety measures. The Act's implementation will likely be closely monitored to ensure it achieves its intended objectives while also being mindful of potential challenges or unintended consequences.
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The Act allows individuals to carry handguns openly or concealed in most public spaces without a permit or license
On April 13, 2022, Georgia Governor Brian P. Kemp signed the Georgia Constitutional Carry Act (SB 319) into law. The Act allows individuals to carry handguns openly or concealed in most public spaces without a permit or license. This makes Georgia the 22nd state to implement constitutional carry legislation.
The Act removes the requirement for a permit or license to carry a handgun in public, as long as the individual is not prohibited by law from possessing a handgun. However, it is important to note that there are still some restrictions on where weapons can be carried. For example, there are restrictions on carrying weapons on school grounds, and weapons are not allowed in certain areas on college campuses.
The Georgia Constitutional Carry Act also includes a license reciprocity measure (HB 218), which authorizes individuals who are licensed to carry a weapon in another state to do so in Georgia as well. This measure ensures that the Second Amendment rights of individuals are respected, regardless of their state of residence.
The passage of the Georgia Constitutional Carry Act is part of a broader trend in the United States toward permitting the open carry of firearms. As of 2022, almost all US states allow for open carry, either without a permit or with a permit/license. Proponents of open carry argue that it allows law-abiding citizens to display their weapons, in contrast to criminals who typically conceal their weapons. However, it is important to note that the laws regarding the carry of firearms can vary widely between states and even between municipalities within a state.
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Lawful weapons carriers can carry weapons on campus, but with restrictions on specific areas
On April 12, 2022, Georgia's Senate Bill 319, also known as the "Constitutional Carry" Act, was passed into law by Governor Brian P. Kemp. This law amended the previous requirement for a weapons carry license, now requiring only that armed individuals be lawful weapons carriers. Lawful weapons carriers are permitted to carry a concealed handgun on campus, but only in certain areas.
For example, Kennesaw State University (KSU) states that lawful weapons carriers are not permitted to carry their weapons into faculty, staff, or administrative offices, nor can weapons be stored in such offices. The term "office" is not defined in the law, so the plain meaning of the term is used. Offices are generally considered private workspaces with limited or exclusive access. The term does not include typically public areas such as reception areas, hallways, and lobbies. Additionally, weapons cannot be carried into any classroom used to teach dual-enrollment high school students or into any room used for disciplinary hearings.
KSU also notes that the new law does not permit the unattended storage of handguns anywhere other than in the trunks of personal vehicles. Therefore, lawful weapons carriers must either have their handguns concealed on their person while in non-exempt areas or store their handguns in their vehicles or in an off-campus storage facility.
Other exceptions to the law include athletic venues where intercollegiate sporting events are held, student housing complexes, and classrooms with dual-enrolled high school students. It is the responsibility of the lawful weapons carrier to ensure they are complying with the law and are aware of the class composition and specific restrictions on campus.
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The Act does not apply to convicted felons, who are still prohibited from carrying weapons
On April 13, 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 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.
However, it is important to note that the Act does not apply to convicted felons, who are still prohibited from carrying weapons. Under Georgia law, a person who has been convicted of a felony or is "on probation as a first felony offender" cannot legally possess, carry, or transport firearms. This restriction is in place to ensure public safety and prevent individuals with a history of criminal activity from accessing deadly weapons.
There have been legal challenges to this restriction by convicted felons seeking to restore their firearm rights. In one case, a plaintiff with a health care fraud conviction applied to the Board of Public Safety for the restoration of their firearm rights, arguing that their conviction did not constitute a "felony pertaining to antitrust violations, unfair trade practices, or restraint of trade." The Board denied the application, and the case proceeded through the court system, with the Georgia Supreme Court ultimately disagreeing with the lower court's dismissal of the case on the basis of sovereign immunity.
Despite the passage of the Georgia Constitutional Carry Act, the state maintains its stance on prohibiting convicted felons from carrying weapons, with exceptions made for lawful weapons carriers on campuses, who can carry concealed handguns in common areas but not in offices, administrative areas, classrooms with dual-enrollment students, or rooms used for disciplinary hearings.
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The Act also includes a license reciprocity measure (HB 218), allowing individuals licensed to carry a weapon in another state to do so in Georgia
On April 13, 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 Act, which amends Code Section 16-11-126 of the Official Code of Georgia Annotated, expands weapons carry license reciprocity in the state.
HB 218 allows individuals who are licensed to carry a weapon in another state to do the same in Georgia. This means that non-residents of Georgia who have a valid weapon-carrying license from their home state or any other state can carry a weapon in Georgia as long as they comply with the state's laws.
The bill also requires the Attorney General of Georgia to enter into an agreement with any state that mandates recognition of Georgia's weapons carry licenses for reciprocity. This agreement ensures that Georgia's weapons carry licenses are honored in other states, removing the previous requirement that other states' laws must recognize Georgia's licenses for reciprocity to apply.
The passage of HB 218, along with SB 319, is part of Governor Kemp's efforts to uphold the safety and constitutional rights of Georgia's citizens and support law enforcement. The bill also addresses concerns about liberal states' approaches to law enforcement and public safety, ensuring that Georgia maintains its commitment to safeguarding its residents.
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Frequently asked questions
The Georgia Constitutional Carry Act, also known as Senate Bill 319, was signed into law by Governor Brian Kemp on April 13, 2022.
The 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. However, there are exceptions, including restrictions on who can carry weapons on school grounds.
The law allows lawful weapons carriers to carry concealed handguns on campus, specifically in their vehicles and in common areas. Weapons cannot be carried into offices, administrative areas, classrooms with dual-enrollment (high school) students, or rooms used for disciplinary hearings.
Some concerns have been raised about the removal of the background check requirement for carrying concealed weapons in public. There are worries that it will be harder to keep guns out of the hands of criminals and certain other individuals.
