Carrying a Weapon Without a License in Georgia

Georgia passed a new weapon carry law on April 12, 2022. This law allows people to carry handguns in public without needing permits issued. The law applies to those who are lawful weapons carriers.

A “lawful weapons carrier” is defined as:

Anyone eligible for a weapons carry license under Georgia law (whether or not they have one)
A resident of any other state who would be eligible for a Georgia weapons carry license
Anyone licensed to carry a weapon in any other state

Even though the concealed carry law has loosened, law enforcement can still arrest you for carrying a weapon without a license. This is especially true if you are not allowed to have weapons or if you are in a restricted place. This is particularly true if you are not allowed to carry weapons or if you are carrying in a restricted area.

Certain locations remain off-limits for carrying weapons, even for lawful weapons carriers. These include government buildings, courthouses, jails, schools, and airports. Carrying in these locations could result in arrest.

Private property owners still have the right to prohibit weapons on their property .

If you’re not sure about whether you can carry in a certain place, it’s best to talk to a gun rights lawyer at Kohn & Yager. Our 3 criminal defense attorneys have a combined 91 years of courtroom experience.

Who Cannot Carry a Concealed Handgun Without a License?

However, it is still illegal for certain individuals to carry weapons in Georgia, including:

Convicted felons cannot carry a concealed weapon because felons cannot possess a firearm at any time anywhere. This applies to both in-state and out-of-state felony convictions. Violating this prohibition is itself a felony punishable by up to 5 years in prison.
In addition to felonies, certain misdemeanor convictions can also prohibit firearm possession, such as domestic violence offenses.
Those adjudicated or legally determined to have a mental illness
Individuals under 21 years old (unless they are active U.S. military)

If you are not sure if owning and carrying a pistol, revolver, rifle, or shotgun is legal given your background, call Larry Kohn or Cory Yager at (404) 567-5515 to set up a free lawyer consultation in person or on the phone. Georgia gun laws change year to year so it is smart to consult with a criminal defense attorney who knows the latest legal code.

Can a Convicted Felon Still Try to Obtain a Weapons Carry License?

The process for a convicted felon to petition for a weapons carry license in Georgia is as follows:

Pardon Application:

The primary method for a convicted felon to regain firearm rights in Georgia is to apply for a pardon from the Georgia State Board of Pardons and Paroles.

A pardon is an order of official forgiveness granted to an individual for a crime.

Eligibility Requirements:

The applicant must have completed all sentences at least five years prior to applying.

They must have lived a law-abiding life during those five years.

All fines and restitution associated with the conviction must be paid in full.

Application Process:

The applicant must submit a completed pardon application to the Georgia State Board of Pardons and Paroles.

The application should include detailed information about the conviction, sentence, and the applicant’s life since the conviction.

Board Review:

The Board will conduct an investigation and review of the application.

This process typically takes several months to complete.

Decision:

If granted, a pardon may restore various rights, including the right to possess firearms.

However, it’s important to note that a pardon does not expunge or erase the conviction from the record.

Firearms Rights Restoration:

Even if a pardon is granted, it may not automatically restore firearms rights.

The pardon must specifically state that it restores the right to receive, possess, or transport firearms.

Federal Considerations:

Even if state rights are restored, federal law may still prohibit firearm possession for certain offenses.

It’s crucial to understand that this process can be complex and time-consuming. The Board has discretion in granting pardons, and there’s no guarantee of approval. Additionally, even if a pardon is granted, it may not automatically result in the ability to obtain a weapons carry license.

Given the complexity of this process and its potential legal implications, it’s highly advisable for individuals in this situation to consult with a legal professional who specializes in firearms law and rights restoration in Georgia.

What Is the Fine for Carrying a Concealed Weapon Without a License?

Before the new law, carrying a weapon without a license was considered a minor offense. Georgia has made it easier to carry weapons without a license.

However, there are still restrictions on who can carry and where they can carry. Violations of these remaining restrictions can result in criminal charges. Similar gun laws exist in the United States,

The punishment for this offense was up to one year in jail and a $1000 fine. A second offense within 5 years was a felony, with a minimum sentence of 2 years and a maximum of 5 years in prison. This conviction will show up on a background check.

Georgia police still issue gun licenses, which can be useful for carrying in other states with agreements. Contact your local police department issuing concealed carry permits to obtain a permit.

Non-residents must follow federal laws and any restrictions from their home state. Non-residents in Georgia can carry long guns without a license if they meet the criteria of a “lawful weapons carrier.” This includes being eligible for a Georgia weapons carry license (if they were a resident) or having a valid weapons carry license from another state.

Law enforcement officers have discretion in enforcing these laws. If they have probable cause to believe you are carrying a weapon illegally, they can make an arrest.

Georgia has made it easier to carry weapons without a permit to carry concealed weapons. However, there are still restrictions on who can carry and where they can carry. Breaking these rules can result in criminal charges.

The severity of the charges can range from minor to serious. The outcome depends on the specific situation and any previous offenses.

Special Circumstances Where Concealed Carry of Weapons Without Licensing or Training Is Justifiable

There are some circumstances where carrying a weapon without a license might be considered justified in Georgia:

On private property: Any person who is not prohibited by law from possessing a handgun or long gun may carry a weapon on their own property, inside their home, motor vehicle, or place of business without a license.
Hunting or fishing: Anyone with a valid hunting or fishing license, or those not required to have such a license, may carry a weapon while engaged in legal hunting, fishing, or sport shooting with the property owner’s permission.
You can carry a handgun or long gun in your car without a license.
Georgia now allows people to carry handguns openly or concealed in public without a license or permit. This law, known as “constitutional carry,” was enacted on April 12, 2022.
This applies to people who can legally carry weapons in Georgia, even if they don’t have a license. It includes people from other states who can get a Georgia license, and anyone with a license from another state.
Age exceptions: Most people must be 21 or older to carry a gun. Exceptions to the age requirement for carrying a gun include individuals who are 18 or older and in the military. They must have completed basic training and be able to provide proof of active duty or honorable discharge. These individuals may be allowed the legal carry of firearms without a license.

In Georgia, you don’t need firearm safety training or to demonstrate gun proficiency for a weapons carry license. This means that anyone can get a license to carry a weapon without proving they can use it safely. The state does not require individuals to show they are knowledgeable about firearms before obtaining a license. Contact your local law enforcement agency for more infornation.

Although not mandatory, training is highly recommended by firearms experts and organizations for those who own and use guns responsibly.

Permit holders should practice good firearm safety by starting with professional firearm training at a local gun range. Carrying weapon in car without license is legal.