2021 Georgia Code
Title 16 - Crimes and Offenses
Chapter 11 - Offenses Against Public Order and Safety
Article 4 - Dangerous Instrumentalities and Practices
Part 3 - Carrying and Possession of Firearms
§ 16-11-126. Having or Carrying Handguns, Long Guns, or Other Weapons; License Requirement; Exceptions for Homes, Motor Vehicles, Private Property, and Other Locations and Conditions

1. Any person who is not prohibited by law from possessing a handgun or long gun may have or carry on his or her person a weapon or long gun on his or her property or inside his or her home, motor vehicle, or place of business without a valid weapons carry license.
2. Any person who is not prohibited by law from possessing a handgun or long gun may have or carry on his or her person a long gun without a valid weapons carry license, provided that if the long gun is loaded, it shall only be carried in an open and fully exposed manner.
3. Any person who is not prohibited by law from possessing a handgun or long gun may have or carry any handgun provided that it is enclosed in a case and unloaded.
4. Any person who is not prohibited by law from possessing a handgun or long gun who is eligible for a weapons carry license may transport a handgun or long gun in any private passenger motor vehicle; provided, however, that private property owners or persons in legal control of private property through a lease, rental agreement, licensing agreement, contract, or any other agreement to control access to such private property shall have the right to exclude or eject a person who is in possession of a weapon or long gun on their private property in accordance with paragraph (3) of subsection (b) of Code Section 16-7-21, except as provided in Code Section 16-11-135.
5. 1. 1. Any person licensed to carry a weapon in any other state whose laws recognize and give effect to a license issued pursuant to this part shall be authorized to carry a weapon in this state, but only while the licensee is not a resident of this state; provided, however, that:
         1. Such licensee licensed to carry a weapon in any other state shall carry the weapon in compliance with the laws of this state; and
         2. No other state shall be required to recognize and give effect to a license issued pursuant to this part that is held by a person who is younger than 21 years of age.
      2. The Attorney General shall create and maintain on the Department of Law's website a list of states whose laws recognize and give effect to a license issued pursuant to this part.
   2. Any person who is not a weapons carry license holder in this state and who is licensed to carry a weapon in any other state whose laws recognize and give effect to a license issued pursuant to this part shall be authorized to carry a weapon in this state for 90 days after he or she becomes a resident of this state; provided, however, that such person shall carry the weapon in compliance with the laws of this state, shall as soon as practicable submit a weapons carry license application as provided for under Code Section 16-11-129, and shall remain licensed in such other state for the duration of time that he or she is a resident of this state but not a weapons carry license holder in this state.
6. 1. Any person with a valid hunting or fishing license on his or her person, or any person not required by law to have a hunting or fishing license, who is engaged in legal hunting, fishing, or sport shooting when the person has the permission of the owner of the land on which the activities are being conducted may have or carry on his or her person a weapon or long gun without a valid weapons carry license while hunting, fishing, or engaging in sport shooting.
   2. Any person with a valid hunting or fishing license on his or her person, or any person not required by law to have a hunting or fishing license, who is otherwise engaged in legal hunting, fishing, or sport shooting on recreational or wildlife management areas owned by this state may have or carry on his or her person a knife without a valid weapons carry license while engaging in such hunting, fishing, or sport shooting.
7. Notwithstanding Code Sections 12-3-10, 27-3-1.1, 27-3-6, and 16-12-122 through 16-12-127, any person with a valid weapons carry license may carry a weapon in all parks, historic sites, or recreational areas, as such term is defined in Code Section 12-3-10, including all publicly owned buildings located in such parks, historic sites, and recreational areas, in wildlife management areas, and on public transportation; provided, however, that a person shall not carry a handgun into a place where it is prohibited by federal law.
8. 1. No person shall carry a weapon without a valid weapons carry license unless he or she meets one of the exceptions to having such license as provided in subsections (a) through (g) of this Code section.
   2. A person commits the offense of carrying a weapon without a license when he or she violates the provisions of paragraph (1) of this subsection.
9. Upon conviction of the offense of carrying a weapon without a valid weapons carry license, a person shall be punished as follows:
   1. For the first offense, he or she shall be guilty of a misdemeanor; and
   2. For the second offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, and for any subsequent offense, he or she shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than two years and not more than five years.
10. Nothing in this Code section shall in any way operate or be construed to affect, repeal, or limit the exemptions provided for under Code Section 16-11-130.

(Laws 1837, Cobb's 1851 Digest, pp. 848, 849; Ga. L. 1851-52, p. 269, §§ 1-3; Code 1863, § 4413; Ga. L. 1865-66, p. 233, §§ 1, 2; Code 1868, § 4454; Code 1873, § 4527; Ga. L. 1882-83, p. 48, § 1; Code 1882, § 4527; Ga. L. 1898, p. 60, § 1; Penal Code 1895, § 341; Penal Code 1910, § 347; Code 1933, § 26-5101; Code 1933, § 26-2901, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1976, p. 1430, § 1; Ga. L. 1982, p. 3, § 16; Ga. L. 1992, p. 6, § 16; Ga. L. 1996, p. 108, § 1; Ga. L. 1998, p. 1153, § 1; Ga. L. 2000, p. 1630, § 3; Ga. L. 2007, p. 47, § 16/SB 103; Ga. L. 2008, p. 533, § 3/SB 366; Ga. L. 2008, p. 1199, § 3/HB 89; Ga. L. 2009, p. 8, § 16/SB 46; Ga. L. 2010, p. 963, § 1-2/SB 308; Ga. L. 2014, p. 599, § 1-4/HB 60; Ga. L. 2015, p. 805, § 2/HB 492; Ga. L. 2017, p. 8, § 1/HB 406; Ga. L. 2017, p. 555, § 4/HB 292.)

The 2017 amendments. The first 2017 amendment, effective April 5, 2017, rewrote subsection (e); and added subsection (e.1). The second 2017 amendment, effective May 8, 2017, rewrote subsection (e); designated the existing provisions of subsection (f) as paragraph (f)(1); substituted "weapon" for "handgun" near the end of paragraph (f)(1) and added paragraph (f)(2).

- Exemption from section for private detectives and private security agents who hold firearms permits issued by Georgia Board of Private Detective and Security Agencies, § 43-38-10.

- Pursuant to Code Section 28-9-5, in 2010, "a" was inserted preceding "weapon" in the introductory language of subsection (i).

Pursuant to Code Section 28-9-5, in 2017, the addition of subsection (e.1) of this Code section by Ga. L. 2017, p. 8, § 1/HB 406, was treated as impliedly repealed and superseded by Ga. L. 2017, p. 555, § 4/HB 292, due to irreconcilable conflict.

- Ga. L. 2008, p. 1199, § 1/HB 89, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Business Security and Employee Privacy Act.' "

Ga. L. 2010, p. 963, § 3-1/SB 308, 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.'"

Ga. L. 2017, p. 555, § 1/HB 292, not codified by the General Assembly, provides that: "The General Assembly finds that:

"(1) The ownership of firearms is a clear and explicit right protected by the United States Constitution and the Constitution of this state;

"(2) Access to financial services provides for the functioning of a firearms industry and, thus, the constitutionally protected right of firearm ownership; and

"(3) The provisions of this Act are intended to implement the constitutional protections provided for under the law."

Ga. L. 2017, p. 8, § 1/HB 406, which amended this Code section, purported to amend subsection (e), but also added subsection (e.1).

- For article on recidivism and convictions based on nolo contendere pleas, see 13 Ga. L. Rev. 723 (1979). For article, "No Second Chances: Immigration Consequences of Criminal Charges," see 13 Ga. St. B.J. 26 (2007). For article, "Crimes and Offenses," see 27 Ga. St. U.L. Rev. 131 (2011). For article on the 2014 amendment of this Code section, see 31 Ga. St. U.L. Rev. 47 (2014). For review of 1996 offenses against public order and safety legislation, see 13 Ga. St. U.L. Rev. 123 (1996).

ANALYSIS

• General Consideration
• Prima Facie Case

There is no restriction against carrying an unloaded shotgun in a vehicle through this state. 1970 Op. Att'y Gen. No. U70-30.

- Conviction obtained prior to July 1, 1976 for carrying of a concealed weapon may be used for a subsequent violation occurring after July 1, 1976, so as to treat that violation as a felony under (b)(2). 1976 Op. Att'y Gen. No. U76-29.

- Proposed ordinance regulating the manner and location in which a firearm may be lawfully placed in a home, building, trailer, or boat was in conflict with general laws of the state and, accordingly, the city council was without power to enact it because it would be ultra vires. 1998 Op. Att'y Gen. No. U98-6.

Off-duty police officers may carry a concealed weapon only if the officers are authorized to do so by state or federal law, regulation, or order. 1987 Op. Att'y Gen. No. U87-28.

Special deputy sheriff is not authorized, by virtue of that office, to carry a firearm. 1970 Op. Att'y Gen. No. U70-204.

Constables do not possess general police powers, and may carry pistols only if licensed. 1978 Op. Att'y Gen. No. U78-30.

- It is a violation of the statute if the vehicle is not the person's own automobile and if the person does not have a weapons license. On the other hand it is not a violation of the statute if the vehicle is the person's own automobile, whether the person has a license or not. It does not matter in either case whether the pistol is concealed or not; the offense is failure to have a license. 1973 Op. Att'y Gen. No. 73-66.

- Idaho, Michigan, Mississippi, New Hampshire, and Texas grant recognition to Georgia residents with firearms permits; thus, pursuant to O.C.G.A. § 16-11-126(e), residents of those states are entitled to recognition of their state's firearms license or permit and may carry handguns in Georgia. 1997 Op. Att'y Gen. No. 97-27.

Former Code 1933, § 26-2901 (see now O.C.G.A. § 16-11-126) was violated when a pistol was concealed in automobile so as to be fully accessible with little or no movement; this prohibition was applicable regardless of who owned the automobile and regardless of whether the person had a license to carry the pistol; this prohibition was not limited to pistols and revolvers but was directed at any weapon as defined by that section. 1973 Op. Att'y Gen. No. 73-66.

- Investigators employed by the solicitor's office of the juvenile court may not be authorized by the solicitor to carry weapons and may not exercise the powers of a peace officer unless they are certified as peace officers pursuant to O.C.G.A. Ch. 8, T. 35. 1990 Op. Att'y Gen. No. U90-22.

RESEARCH REFERENCES

Am. Jur. 2d.

- 79 Am. Jur. 2d, Weapons and Firearms, § 12 et seq.

- 94 C.J.S., Weapons, § 24 et seq.

- Instruction applying rule of reasonable doubt specifically to particular matter or defense as curing instruction placing burden of proof upon defendant in that regard, 120 A.L.R. 591.

Burden of averment and proof as to exception in criminal statute on which the prosecution is based, 153 A.L.R. 1218.

Offense of carrying concealed weapon as affected by manner of carrying or place of concealment, 43 A.L.R.2d 492.

What felonies are inherently or foreseeably dangerous to human life for purposes of felony-murder doctrine, 50 A.L.R.3d 397.

Who is entitled to carry concealed weapons, 51 A.L.R.3d 504.

Scope and effect of exception, in statute forbidding carrying of weapons, as to persons on his own premises or at his place of business, 57 A.L.R.3d 938.

Statutory presumption of possession of weapon by occupants of place or vehicle where it was found, 87 A.L.R.3d 949.

Pocket or clasp knife as deadly or dangerous weapon for purposes of statute aggravating offenses such as assault, robbery, or homicide, 100 A.L.R.3d 287.

What constitutes "dangerous weapon" under statutes prohibiting the carrying of dangerous weapons in motor vehicle, 2 A.L.R.4th 1342.

What constitutes a "bludgeon," "blackjack," or "billy" within meaning of criminal possession statute, 11 A.L.R.4th 1272.

Validity of state statute proscribing possession or carrying of knife, 47 A.L.R.4th 651.

Fact that gun was broken, dismantled, or inoperable as affecting criminal responsibility under weapons statute, 81 A.L.R.4th 745.

Constitutionality of state statutes and local ordinances regulating concealed weapons, 33 A.L.R.6th 407.

What constitutes actual or constructive possession of unregistered or otherwise prohibited firearm in violation of 26 USCS § 5861, 133 A.L.R. Fed. 347.

Judicial review of state or local administrative order approving, denying, or revoking permit or license to carry, possess, or own firearm, 91 A.L.R.6th 435.