2020 Georgia Code
Title 43 - Professions and Businesses
Chapter 38 - Operators of Private Detective Businesses and Private Security Businesses
§ 43-38-10. Permits to Carry Firearms; Proficiency Requirement; Exemption From Specified Laws; Denial, Refusal to Renew, and Suspension of Permits; Effect of License Suspension and Restoration

Universal Citation: GA Code § 43-38-10 (2020)
  1. The board may grant a permit to carry a pistol, revolver, or other firearm to any person who is a license holder as defined in Code Section 16-11-125.1, who is licensed or registered in accordance with this chapter, and who meets the qualifications and training requirements set forth in this Code section and such other qualifications and training requirements as the board by rule may establish. The board shall have the authority to establish limits on type and caliber of such weapons by rule. Application for such permit and for renewal thereof shall be made on forms provided by the division director. No weapons permit issued under this Code section shall be transferable to another individual.
  2. No permit under this Code section shall be issued or renewed until the applicant has presented proof to the board that he is proficient in the use of firearms. The board shall have the authority to require periodic recertification of proficiency in the use of firearms and to refuse to renew a permit upon failure to comply with such requirement. The applicant shall present proof to the board that:
    1. He has demonstrated on the firearms range proficiency in the use of firearms by meeting such minimum qualifications on pistol and shotgun (if so armed) courses as the board may prescribe by rule; and
    2. He has received such other training and instruction in the use of firearms as the board may require by rule.
  3. All licensees and registrants under this chapter shall be required to obtain from the board a weapons permit under this Code section if a firearm is carried, or is to be carried, by such licensee or registrant while at or en route directly to and from his post or place of employment.
  4. Any licensee or registrant under this chapter meeting the qualifications and training requirements set out in this Code section may be issued an exposed weapons permit in accordance with this Code section and shall be authorized to carry such firearm in an open and fully exposed manner. Such carrying of a firearm shall be limited to the time the licensee or registrant is on duty or en route directly to and from his post or place of employment. No stopover en route to and from such post or place of employment is permitted under the terms of this Code section.
  5. Licensees or registrants under this chapter may apply to the board for a concealed weapons permit. Qualifications and training requirements for such permits and restrictions on such permits shall be established by appropriate rules of the board. The board shall, in its discretion, consider and approve each application for a concealed weapons permit on an individual basis.
  6. An individual issued a permit in accordance with this Code section shall be exempt from the following laws of this state:
    1. Code Section 16-11-126, relating to carrying a weapon;
    2. Code Section 16-11-127, relating to carrying a weapon or long gun in an unauthorized location; and
    3. Code Section 16-11-129, relating to licenses to carry weapons generally.
  7. The board shall have the power to deny a weapons permit to any applicant who fails to provide the information and supporting documentation required by this Code section or to refuse to renew a permit upon failure to comply with such weapons proficiency recertification requirements as the board may prescribe.
  8. The board shall have the authority to order the summary suspension of any weapons permit issued under this Code section, pending proceedings for revocation or other sanction, upon finding that the public health, safety, or welfare imperatively requires such emergency action, which finding shall be incorporated in its order.
  9. The board shall have the same power and authority to deny and sanction weapons permits under this Code section as that enumerated in Code Section 43-38-11, based on the same grounds as those enumerated in that Code section.
  10. A weapons permit issued under this Code section to any person whose license is suspended pursuant to subsection (f) of Code Section 43-38-6 or whose registration is suspended pursuant to subsection (g) of Code Section 43-38-7 shall be suspended at the same time as the suspension of the license or registration without a prior hearing as required in Code Section 43-38-11. A weapons permit shall be restored to a person upon the restoration of the person's license or registration.

(Ga. L. 1973, p. 40, § 12; Ga. L. 1981, p. 1828, § 10; Ga. L. 1982, p. 3, § 43; Ga. L. 1987, p. 1400, § 10; Ga. L. 2000, p. 1161, § 5; Ga. L. 2000, p. 1706, § 19; Ga. L. 2010, p. 963, § 2-19/SB 308; Ga. L. 2014, p. 599, § 3-6/HB 60.)

The 2014 amendment, effective July 1, 2014, substituted "who is a license holder as defined in Code Section 16-11-125.1," for "who is at least 21 years of age and" in the first sentence of subsection (a).

Cross references.

- Exemptions from firearm-possession laws generally, § 16-11-130.

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1987, "weapons" was substituted for "weapon's" twice in subsection (j).

Editor's notes.

- Ga. L. 2010, p. 963, § 3-1, not codified by the General Assembly, provides, in part, that the amendment of this Code section shall apply to all offenses committed on and after June 4, 2010, and shall not affect any prosecutions for acts occurring before June 4, 2010, and shall not act as an abatement of any such prosecution.

Ga. L. 2014, p. 599, § 1-1/HB 60, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Safe Carry Protection Act.'"

Law reviews.

- For article, "Crimes and Offenses," see 27 Georgia St. U.L. Rev. 131 (2011). For article on the 2014 amendment of this Code section, see 31 Georgia St. U.L. Rev. 47 (2014).

OPINIONS OF THE ATTORNEY GENERAL

Board permit required.

- Private detectives or security guards may carry firearms while on duty or enroute only when issued a permit from the Georgia Board of Private Detective and Security Agencies. 1986 Op. Att'y Gen. No. 86-22 (distinguishing 1976 Op. Att'y Gen. No. 76-68 or construing former law).

All peace officers who are licensed by the Georgia Board of Private Detective and Security Agencies and who intend to carry firearms must obtain a weapons permit from the Board in addition to Peace Officer Training Certification. 1997 Op. Att'y Gen. No. 97-22.

Preemptive effect of federal law.

- Georgia Board of Private Detective and Security Agencies is not required by federal law to modify the frequency of background checks conducted on individuals issued weapon permits pursuant to O.C.G.A. § 43-38-10, but the Armored Car Industry Reciprocity Act of 1993, 15 U.S.C. § 5901 et seq., does preempt licensing requirements for armored car crew members who are carrying weapons based on a federal reciprocity agreement. 1995 Op. Att'y Gen. No. 95-21.

RESEARCH REFERENCES

Proof That Firearm License Holder was Improperly Denied License to Carry Concealed Weapon, 54 POF3d 65.

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