2022 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
§ 16-11-125.1. Definitions

Universal Citation: GA Code § 16-11-125.1 (2022)

As used in this part, the term:

  1. “Handgun” means a firearm of any description, loaded or unloaded, from which any shot, bullet, or other missile can be discharged by an action of an explosive where the length of the barrel, not including any revolving, detachable, or magazine breech, does not exceed 12 inches; provided, however, that the term “handgun” shall not include a gun which discharges a single shot of 0.46 centimeter or less in diameter.
  2. “Knife” means a cutting instrument designed for the purpose of offense and defense consisting of a blade that is greater than 12 inches in length which is fastened to a handle.
  3. “License holder” means a person who holds a valid weapons carry license.
  4. “Long gun” means a firearm with a barrel length of at least 18 inches and overall length of at least 26 inches designed or made and intended to be fired from the shoulder and designed or made to use the energy of the explosive in a fixed:
    1. Shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger or from which any shot, bullet, or other missile can be discharged; or
    2. Metallic cartridge to fire only a single projectile through a rifle bore for each single pull of the trigger;

      provided, however, that the term “long gun” shall not include a gun which discharges a single shot of 0.46 centimeter or less in diameter.

  5. “Weapon” means a knife or handgun.
  6. “Weapons carry license” or “license” means a license issued pursuant to Code Section 16-11-129.

(2.1) “Lawful weapons carrier” means any person who is licensed or eligible for a license pursuant to Code Section 16-11-129 and who is not otherwise prohibited by law from possessing a weapon or long gun, any resident of any other state who would otherwise be eligible to obtain a license pursuant to such Code section but for the residency requirement, and any person licensed to carry a weapon in any other state.

History. Code 1981, § 16-11-125.1 , enacted by Ga. L. 2010, p. 963, § 1-1/SB 308; Ga. L. 2017, p. 555, § 3/HB 292; Ga. L. 2018, p. 1112, § 16/SB 365; Ga. L. 2022, p. 74, § 4/SB 319.

The 2017 amendment, effective May 8, 2017, substituted “12 inches” for “five inches” in paragraph (2).

The 2018 amendment, effective May 8, 2018, part of an Act to revise, modernize, and correct the Code, substituted “0.46 centimeter or less” for “.46 centimeters or less” near the end of paragraph (1) and in the undesignated language at the end of subparagraph (4)(B).

The 2022 amendment, effective April 12, 2022, added paragraph (2.1).

Editor’s notes.

Ga. L. 2010, p. 963, § 3-1/SB 308, not codified by the General Assembly, provides, in part, that 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. 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. 2022, p. 74, § 1/SB 319, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Chairman John Meadows Act.’”

Ga. L. 2022, p. 74, § 2/SB 319, not codified by the General Assembly, provides: “The General Assembly finds and determines that:

“(1) The Second Amendment to the United States Constitution recognizes the right of the people to keep and bear arms and that such right shall not be infringed; and

“(2) The people of this state, to perpetuate the principles of free government, insure justice to all, preserve peace, promote the interest and happiness of the citizen and of the family, and transmit to posterity the enjoyment of liberty, provided that the right of the people to keep and bear arms shall not be infringed but that the General Assembly shall have power to prescribe the manner in which arms may be borne.”

Law reviews.

For article, “Crimes and Offenses,” see 27 Ga. St. U.L. Rev. 131 (2011).

For article on the veto of proposed legislation allowing the legal possession of a concealed firearm for individuals with a Georgia Weapons Carry License on property owned or leased by a technical school, college, or university, see 33 Ga. St. U.L. Rev. 21 (2016).

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