Home Contact Search:
About Us statistics-polling Laws And Policies publications-briefs Communications Get Involved
 

Georgia State Law Summary
Last updated June 4, 2009.
Gun Deaths State Right to Bear Arms State Preemption
 State Firearms Policies
 State Resources

Please Note: to view the sections of the Georgia Code Annotated provided in the text below, search for the citation using the free web site provided by LexisNexis.
 

Gun Deaths

In 2006, 1,144 people died from firearm-related injuries in Georgia. National Center for Injury Prevention and Control, U.S. Centers for Disease Control and Prevention, WISQARS Injury Mortality Reports, 1999-2006, at http://webappa.cdc.gov/sasweb/ncipc/mortrate10_sy.html.

State Right to Bear Arms

The Georgia Constitution provides that “[t]he right of the people to keep and bear arms shall not be infringed, but the General Assembly shall have power to prescribe the manner in which arms may be borne.”  Ga. Const. art. I, § I, para. VIII. In addition, Ga. Code Ann. § 1-2-6(a)(9) includes “the right to keep and bear arms” within a list of the “rights of citizens generally.”

In Strickland v. State, 72 S.E. 260 (Ga. 1911), the Supreme Court of Georgia determined that a statute prohibiting the carrying of a handgun without a license did not violate article I, section I, paragraph XXII, now art. I, § I, para. VIII. The court held that the test for whether a law regulating firearms violates this constitutional provision is “whether the particular regulation involved is legitimate and reasonably within the police power, or whether it is arbitrary, and, under the name of regulation, amounts in effect to a deprivation of the constitutional right.” Strickland, 72 S.E. at 263. After reviewing the intent of the statute, as well as judicial interpretations of similar statutory provisions in other states, the court found that the statute at issue was “not so arbitrary or unreasonable as to amount, in effect, to a prohibition of the right to bear arms, or an infringement of that right as protected by the constitution.” Id. at 264.

In Carson v. State, 247 S.E.2d 68, 72-73 (Ga. 1978) the Supreme Court of Georgia rejected an art. I, § I, para. VIII challenge to a statute prohibiting the possession of a sawed-off shotgun. The court reaffirmed the test set forth in Strickland and found that the omission in art. I, § I, para. VIII of the phrase “[a] well-regulated militia being necessary to the security of a free State” (which appears in the Second Amendment to the U.S. Constitution) did not affect the constitutionality of the statute, because it “can be sustained as a legitimate exercise of the police power of the state.” Carson, 247 S.E.2d at 73.

In Landers v. State, 299 S.E.2d 707 (Ga. 1983), the Supreme Court of Georgia rejected an art. I, § I, para. VIII challenge to a statute prohibiting the possession of a firearm by a felon. Relying on Strickland and Carson, the court held that the statute was “a reasonable regulation authorized by the police power and thus not violative of our Constitution.” Landers, 299 S.E.2d at 710.

State Preemption

The Georgia General Assembly has declared the regulation of firearms to be an issue of general, statewide concern.  Ga. Code Ann. § 16-11-173(a)(1).  The General Assembly has enacted a preemption statute stating that “[n]o county or municipal corporation, by zoning or by ordinance, resolution, or other enactment, shall regulate in any manner gun shows; the possession, ownership, transport, carrying, transfer, sale, purchase, licensing, or registration of firearms or components of firearms; firearms dealers; or dealers in firearms components.”  Section 16-11-173(b)(1).

Cities and counties are not preempted from enacting the following:

  • Regulation of the transport, carrying or possession of firearms by county or city employees in the course of their employment;

  • Local ordinances, resolutions or other enactments requiring heads of households to own guns; and

  • Reasonable limits or prohibitions on the discharge of firearms within the boundaries of the municipal corporation or county.

Section 16-11-173(c), (d), (e).

The General Assembly has declared that the lawful design, marketing, manufacture, or sale of firearms or ammunition to the public are not unreasonably dangerous activities and do not constitute a nuisance per se. Section 16-11-173(a)(2). The General Assembly has also reserved to the state the authority to bring suit and the right to recover against any firearms or ammunition manufacturer, trade association or dealer, by or on behalf of any governmental unit for damages, abatement, or injunctive relief resulting from or relating to the lawful design, manufacture, marketing, or sale of firearms or ammunition to the public. Section 16-11-173(b)(2). This does not preclude a political subdivision or local government from bringing an action against a firearms or ammunition manufacturer or dealer for breach of contract or express warranty as to firearms or ammunition purchased by the political subdivision or local government. Id.

In Sturm, Ruger & Company v. City of Atlanta, 560 S.E.2d 525 (Ga. Ct. App. 2002), the Court of Appeals of Georgia relied on a broad interpretation of the preemption doctrine in applying former section 16-11-184 (now recodified as section 16-11-173) to dismiss a city’s negligence claim against gun manufacturers, dealers, and trade associations in connection with the design, marketing and distribution of firearms.  The court held the lawsuit was preempted in several ways.

First, the court held that preemption could be inferred from the comprehensive nature of the state’s regulatory scheme for the distribution and use of firearms, even in the absence of section 16-11-173. As an initial point in its analysis, the court pointed out that Ga. Const. art. I, § I, para. VIII (providing a state right to “keep and bear arms”) gives the power to prescribe the manner in which arms may be borne only to the state’s General Assembly.  Sturm, Ruger, 560 S.E.2d at 529.  The court held that the state had exercised that power by enacting a regulatory scheme for the distribution and use of firearms. Id. Section 16-11-173(a)(2), (b)(2) had been added after the lawsuit was filed to reserve to the state the authority to file suit in connection with these activities. However, the comprehensive nature of the state’s firearms regulations meant that the lawsuit was preempted even in the absence of the amending provisions. Id.

Second, the court held that Georgia expressly preempted local regulation of firearms pursuant to subsection 16-11-173(b)(1), and this preemption applied to the lawsuit.  Sturm, Ruger, 560 S.E.2d at 530. The court rejected the argument that a lawsuit to recover damages was not within the fields preempted by the statute and was not a form of regulation.  “The practical effect of the preemption doctrine is to preclude all other local or special laws on the same subject.  [Citations omitted.]  That the City has filed a lawsuit rather than passing an ordinance does not make this any less a usurpation of State power.  The City may not do indirectly that which it cannot do directly.”  Id. See the Georgia Immunity Statutes/Manufacturer Litigation section for further information about the lawsuit.

More recently, in GeorgiaCarry.Org, Inc. v. Coweta County, 655 S.E.2d 346 (Ga. Ct. App. 2007), the Court of Appeals of Georgia held that section 16-11-173 preempted a county ordinance prohibiting firearms on county-owned property.

A local government may subject firearms dealers, shooting galleries and firearm ranges to a regulatory fee “only if the local government customarily performs investigation or inspection of such businesses or practitioners of such profession or occupation as protection of the public health, safety, or welfare.”  Ga. Code Ann. § 48-13-9(a), (b)(6), (11).  A local government imposing such a regulatory fee must determine the amount of the fee by one of six methods prescribed by statute. Section 48-13-9(e). Local governments may not retroactively apply regulations or ordinances relating to noise control, noise pollution, or noise abatement “to prohibit conduct at a sport shooting range, which conduct was lawful and being engaged in prior to the adoption or enactment of” such regulations or ordinances.  Section 41-1-9(d).

Section 36-60-24 provides that the governing authority of a county or municipal corporation shall not prohibit the sale of products listed in section 25-10-1(b), which include “toy pistol paper caps in which the explosive content averages 0.25 grains or less of explosive mixture per paper cap or toy pistols, toy cannons, toy canes, toy guns, or other devices using such paper caps,” or “ammunition consumed by weapons used for sporting and hunting purposes.”

Please see the Preemption section of the Master List of Firearms Policies for a general discussion of this issue, as well as the Federal Preemption section of the Federal Law Summary page.

State Firearms Policies

For general information on each policy, click the heading for that policy. Please note that many firearm-related laws have exceptions for military and law enforcement personnel.

Ammunition Regulation

No relevant statutes currently exist.

Assault Weapons

No relevant statutes currently exist.

Background Checks

Federal law generally requires that licensed firearms dealers conduct a background check on all prospective firearm purchasers to ensure that such persons are not prohibited by law from buying or possessing a firearm.  This background check requirement and the National Instant Criminal Background Check System (“NICS”) were enacted through the Brady Handgun Violence Prevention Act, pursuant to Public Law 103-159, and codified at 18 U.S.C. § 921 et seq. NICS is used for purchases of handguns and long guns, and for persons who redeem a pawned firearm. 18 U.S.C. § 922(t).

Under the Brady Act, states have the option of serving as a state “point of contact” and conducting their own background checks using NICS and state records and databases, or having the checks performed by the FBI using only NICS.

Until 2005, Georgia was a “point of contact” for the NICS, and firearms dealers had to conduct the background check required by federal law through the Georgia Bureau of Investigation. In 2005, Georgia repealed that part of the law, and now all firearm transfers by licensed dealers are processed through the FBI.  Ga. Code Ann. §§ 16-11-171, 16-11-172; Ga. Comp. R. & Regs. 140-2-.17; see also Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, 2005 (Nov. 2006). Nevertheless, Georgia law provides that all transfers or purchases of firearms conducted by an importer, manufacturer or dealer licensed pursuant to 18 U.S.C. § 923 or Ga. Code Ann. §§ 43-16-1 – 43-16-12 are subject to NICS. See Ga. Code Ann. §§ 16-11-171, 16-11-172. Georgia law also requires the Georgia Crime Information Center to provide to NICS all necessary criminal history information and wanted person records, and information concerning persons who have been involuntarily hospitalized, in order to complete an NICS check.  Section 16-11-172; see also Ga. Comp. R. & Regs. 140-2-.17.  State administrative regulations also now recognize that federal law requires federal firearms licensees to contact NICS before transferring a firearm.  Ga. Comp. R. & Regs. 140-2-.17.

Under federal law, persons who have been issued state permits to purchase or possess firearms are exempt from background checks if those permits were issued: 1) within the previous five years in the state in which the transfer is to take place; and 2) after an authorized government official has conducted a background investigation, including a search of the NICS database, to verify that possession of a firearm would not be unlawful.  18 U.S.C. § 922(t)(3), 27 C.F.R. § 478.102(d).  Holders of licenses to carry handguns in Georgia are exempt from background checks when purchasing a firearm, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the Brady Act.  See Bureau of Alcohol, Tobacco, Firearms & Explosives, Open Letter to all Georgia Federal Firearm Licensees, July 1, 2006. Please note that ATF’s exempt status determination is subject to change without notice.  For further information, see the Georgia Carrying Firearms section.

For a discussion of persons prohibited by federal or state law from possessing or buying a firearm, see the Georgia Prohibited Persons section.

For information about the reporting of mental health information for use in firearm purchaser background checks, see the Georgia Mental Health Reporting section.

Private sellers (sellers who are not licensed dealers) are not required to conduct background checks when transferring a firearm in Georgia, although federal and state laws prohibiting certain persons from purchasing or possessing firearms still apply.  See the Georgia Private/Secondary Sales section.

Ballistic Fingerprinting

No relevant statutes currently exist.

Carrying Firearms

Possession Restrictions

Georgia prohibits any person (including the holder of a license to carry a handgun) from carrying any firearm to or possessing any firearm at a public gathering.  Ga. Code Ann. 16-11-127(a). The term “public gathering” is defined to include, but not be limited to:  athletic or sporting events, churches or church functions, political rallies or functions, publicly owned or operated buildings, or establishments at which alcoholic beverages are sold for consumption on the premises.  Section 16-11-127(b). However, this prohibition does not apply to competitors participating in organized sport shooting events. Section 16-11-127(c). It is an affirmative defense to a violation of section 16-11-127 if the person immediately notifies a law enforcement officer or other person employed to provide security for the gathering and surrenders or secures such item as directed by the officer or person employed to provide security. Section 16-11-127(d).

In addition, sections 16-11-126(c) and 16-11-127(e) state that the holder of a license to carry a concealed weapon is permitted to carry such weapon in all parks, historic sites, and recreational areas, including in all publicly-owned buildings located in such parks, historic sites and recreational areas and in wildlife management areas, but may not carry a firearm into a place prohibited by federal law.

Under section 16-11-127.1(b), and subject to several exceptions, Georgia law bars any person (including the holder of a license to carry a handgun) from carrying, possessing or having under the person’s control any firearm while within a school safety zone or at a school building, school function, or school property or on a bus or other transportation furnished by the school.  This prohibition does not apply to:

  • An instrument used for classroom work authorized by the teacher;

  • Participants in organized sports shooting events or firearms training courses;

  • Participants in military training programs or law enforcement training;

  • A person authorized in writing by a school official to have in his or her possession or use the firearm as part of an activity conducted at a school building, school property, or school function;

  • A holder of a license to carry a handgun who is carrying or picking up a student or on a bus or other school-furnished transportation;

  • Any weapon legally kept in a vehicle in transit by a non-student;

  • A weapon in a locked compartment, container or firearms rack in or on a motor vehicle being used by a non-student adult over 21 to bring or pick up a student or on school-furnished transportation, or in or on a motor vehicle being used by a non-student to transport someone to an activity being conducted on school property authorized by a school official;

  • Persons fulfilling federal government defense contracts when possession of the weapon is necessary under the contract;

  • Certain governmental officials and campus security; or

  • A person residing or transacting lawful business or visiting such resident located within a school safety zone but outside a school building, school property, a school function, or school-furnished transportation.

Section 16-11-127.1(a)(2), (c), (d)(1).

Georgia prohibits any person from using or possessing any firearm in any park, historic site, or recreational area under the custody and control of the Georgia Department of Conservation and Natural Resources, unless the firearm is unloaded and stored so as not to be readily accessible or unless such use has been approved within restricted areas by prior written permission of the commissioner of natural resources or his or her authorized representative. Section 12-3-10.  As noted above, sections 16-11-126(c) and 16-11-127(e) states that the holder of a license to carry a concealed weapon is permitted to carry such weapon in all parks, historic sites, and recreational areas, including in all publicly owned buildings located in such parks, historic sites and recreational areas, and in wildlife management areas, but may not carry a firearm into a place prohibited by federal law.

Georgia prohibits any person (including the holder of a license to carry a handgun) from possessing a firearm on any public fishing area owned or operated by the Georgia Department of Game and Fish during a closed hunting season unless the firearm is unloaded and stored in a motor vehicle so as not to be readily accessible. Section 27-4-11.1(a). Georgia prohibits any person from possessing a firearm on such an area during a legal open hunting season if the firearm is loaded in a motor vehicle. Id.

Georgia prohibits any person (including the holder of a license to carry a handgun) from carrying, possessing or having under his or her control a firearm while on the premises of a nuclear power facility. Section 16-11-127.2. This prohibition does not apply to participants in military training programs or law enforcement training, certain governmental officials and campus security, or persons fulfilling defense contracts with the federal government when necessary for the contract. Id.

Georgia prohibits an employer from conditioning employment on the prospective employee’s agreement that he or she will not enter the parking lot when his or her motor vehicle contains a firearm that is locked out of sight within the trunk, glove box, or other enclosed compartment or area of the motor vehicle, provided that the employee possesses a Georgia license to carry a handgun.  Section 16-11-135(a).  However, this provision does not apply to an employer providing a secure parking area not accessible to the general public, or to an area used for parking on a temporary basis, among other exceptions.  Section 16-11-135(d). In addition, this provision states that it does not restrict the rights of private property owners or persons in legal control of property, and when a private property owner or person in legal control of property is also the employer, his or her rights as a private property owner or person in legal control of property shall govern.  Section 16-11-135(k).

Concealed weapons permit holders may be subject to additional location limits.  Please see the Location Limits subsection below for further information.

Transportation of Firearms

A person commits the offense of carrying a concealed weapon when such person knowingly has, or carries about his or her person, a firearm outside of his or her home or place of business, unless the firearm is:

  • Carried in an open manner and fully exposed to view;

  • Enclosed in a case, unloaded, and separated from its ammunition and being transported by a person eligible for a license to carry a handgun under section 16-11-129; or

  • Carried by a person eligible for a license to carry a handgun pursuant to section 16-11-129 in any location in a motor vehicle.

Section 16-11-126.

Subject to several exceptions, the state generally prohibits any person from carrying, possessing or having under his or her control any firearm while on a bus or other transportation furnished by a school. Section 16-11-127.1(a)(2), (b). This prohibition does not apply to, among other persons:

  • Participants in organized sports shooting events or firearms training courses;

  • Participants in military training programs or law enforcement training;

  • A holder of a license to carry a handgun who is carrying or picking up a student or on a bus or other school-furnished transportation;

  • Any weapon legally kept in a vehicle in transit by a non-student; or

  • A weapon in a locked compartment, container or firearms rack in or on a motor vehicle being used by a non-student adult over 21 to bring or pick up a student, or on school-furnished transportation, or in or on a motor vehicle being used by a non-student to transport someone to an activity being conducted on school property authorized by a school official.

Section 16-11-127.1(a)(2), (c), (d)(1).

A person licensed to carry a firearm is explicitly permitted to carry such firearm in public transportation, provided that he or she does not carry a firearm into a place prohibited by federal law.  Section 16-11-127(e).

See the Possession Restrictions sub-section above for further information.

Concealed Weapons Licensing Requirements

Georgia is a “shall issue” state, meaning that a probate court judge must issue a license to carry a handgun if the applicant meets certain qualifications. The probate court judge shall issue a license “unless facts establishing ineligibility have been reported or unless the judge determines the applicant has met all the qualifications, is of good moral character, and has failed to comply with all the requirements” contained in Ga. Code Ann. § 16-11-129. Section 16-11-129(d)(4).

Applicants may apply for a license to carry a handgun to the probate court judge in the applicant’s county of domicile.  Section 16-11-129(a).  Licenses will not be issued to any person:

  • Prohibited from possessing firearms pursuant to 18 U.S.C. § 922;

  • Under 21 years of age;

  • Who is a fugitive from justice or against whom proceedings are pending for any felony, forcible misdemeanor, or violation of sections 16-11-126 (illegally carrying a concealed weapon), 16-11-127 (possession of a firearm at a public gathering), or 16-11-128 (carrying a pistol without a license) until such time as the proceedings are adjudicated;

  • Who has been convicted of a felony and has not been pardoned (see section 16-11-131), or any person who has been convicted of a forcible misdemeanor and is not free of all restraint or supervision in connection with that crime for at least five years, or any person who has been convicted under sections 16-11-126, 16-11-127, or 16-11-128 and has not been free of all restraint or supervision in connection with those crimes for at least the preceding three years;

  • Who has been hospitalized as an inpatient in any mental hospital or alcohol or drug treatment center within five years of the date of his or her application; or

  • Who has been convicted of an offense arising out of the unlawful manufacture, distribution, possession, or use of a controlled substance or other dangerous drug.

Section 16-11-129(b).

The fee for a license to carry a handgun is a $15. Section 16-11-129(a). The applicant is also requirement to pay $5 to the local law enforcement agency for its services in connection with the application. Section 16-11-129(c). The Georgia Bureau of Investigation may also charge a fee to cover the cost of its records search. Section 16-11-129(d)(1).

For provisions governing the application and background check process for a license to carry a handgun, see section 16-11-129(a), (c) – (g), and (i).

Georgia prohibits any person from carrying a handgun on his or her person outside his or her home, motor vehicle or place of business without a license, unless the person has a valid hunting or fishing license or is engaged in lawful hunting or fishing with the permission of the owner of the land. Section 16-11-128. Georgia also prohibits the carrying of a loaded handgun except in an open or fully exposed manner. Id.

Georgia prohibits any person from knowingly carrying about his or her person outside his or her home or place of business any firearm not “in an open manner and fully exposed to view,” unless the concealed firearm is carried by a holder of a license to carry a handgun in a:

  • Handbag, briefcase, or other closed container; or

  • Holster, hip grip, or similar device, and concealed by the person’s clothing.

Section 16-11-126(a), (c). However, section 16-11-126 is not violated if the person would be eligible for a license to carry a handgun and:

  • Is transporting the firearm enclosed in a case, unloaded and separated from ammunition; or

  • The firearm is in a private passenger motor vehicle.

Section 16-11-126(d), (e).

          Disclosure or Use of Information

Under Georgia Code Annotated § 50-18-72(d), the rules governing the inspection of public records do not apply to any application submitted to or any permanent records maintained by a probate court judge pursuant to section 16-11-129, relating to licenses to carry pistols or revolvers, or pursuant to any other requirement for maintaining records relative to the possession of firearms.  Law enforcement agencies may obtain records relating to licensing and possession of firearms as provided by law.  Section 50-18-72(d).

Probate judges reviewing background information for applicants who have been hospitalized as an in-patient in any mental hospital or alcohol or drug treatment center within five years of the date of his or her application for a license must keep any such hospitalization or treatment information confidential.  Section 16-11-129(b)(4).

In addition, license application forms must “be designed to elicit information from the applicant pertinent to his or her eligibility under” section 16-11-129(a), and shall not “require data which is nonpertinent or irrelevant such as serial numbers or other identification capable of being used as a de facto registration of firearms owned by the applicant.”  Section 16-11-129(a).

          Duration & Renewal

Licenses to carry a handgun are valid for five years.  Ga. Code Ann. § 16-11-129(a).  Renewal licenses are also valid for five-year periods, and are subject to the same requirements as an original license.  Id. If less than 90 days remain before expiration of a license or the license expired within the last 30 days, the license holder may apply for a temporary renewal license, which expires in 90 days. See section 16-11-129 for further information related to license renewals.

          Location Limits

Except where specifically noted above, concealed handgun license holders are subject to all the generally applicable possession prohibitions listed in the Possession Restrictions and Transportation of Firearms sections, above.

In addition, a concealed handgun license holder may not consume alcoholic beverages in a restaurant or other eating establishment while carrying a firearm.  Ga. Code Ann. § 16-11-127(f).

          Reciprocity

Under Georgia Code Annotated §§ 16-11-126(f) and 16-11-128(c), a person licensed to carry a handgun in any state whose laws recognize Georgia licenses to carry handguns may carry a handgun in Georgia, but only while the licensee is not a resident of Georgia.  The out-of-state license holder must carry the handgun in compliance with the laws of Georgia.  Id.

          Brady Exemption

Concealed weapons permit holders in Georgia are exempt from background checks when purchasing a firearm, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the Brady Act.  See Bureau of Alcohol, Tobacco, Firearms & Explosives, Open Letter to all Georgia Federal Firearm Licensees, July 1, 2006. Please note that ATF’s exempt status determination for a given state is subject to change without notice.  For further information, see the Georgia Background Checks section.

Child Access Prevention

Parents and legal guardians are prohibited from allowing minors (persons under age 18; see Georgia Code Annotated § 16-11-101.1(a)(1)) to possess a handgun. Sections 16-11-101.1(c)(1), 16-11-132. The parent or legal guardian of a minor will be criminally liable if he or she knows of a minor’s conduct which violates section 16-11-132 (relating to the unlawful possession of a handgun by any person under age 18) and fails to make reasonable efforts to prevent any such violation.  Sections 16-11-101.1(c)(1). However, these provisions do not apply to a minor:

  • Attending a hunter education course or a firearms safety course;

  • Engaging in practice in the use of a firearm or target shooting at an established range authorized by the governing body of the jurisdiction where such range is located;

  • Engaging in an organized competition involving the use of a firearm or participating in or practicing for a performance by an organized group under 26 U.S.C. § 501(c)(3) which uses firearms as a part of such performance;

  • Hunting or fishing pursuant to a valid license if such person has in his or her possession a valid hunting or fishing license if required; is engaged in legal hunting or fishing; has permission of the owner of the land on which the activities are being conducted; and the pistol or revolver, whenever loaded, is carried only in an open and fully exposed manner;

  • Traveling to or from any of the aforementioned activities, if the pistol or revolver is not loaded;

  • Who is on his or her parent’s, legal guardian’s, or grandparent’s real property and who has the permission of his or her parent, legal guardian, or grandparent to possess the handgun; or

  • At his or her residence and possesses a handgun while exercising rights authorized in sections 16-3-21 or 16-3-23 (provisions regarding the justified use of force against another) with the permission of his or her parent or legal guardian.

Section 16-11-132(c).

Georgia also prohibits any parent or legal guardian from intentionally, knowingly, or recklessly furnishing, or permitting a minor to possess, a handgun, if the parent or legal guardian is aware of a substantial risk that the minor will use the handgun to commit a felony. Section 16-11-101.1(c)(2). This criminal liability also attaches if the parent or legal guardian, who is aware of a substantial risk that the minor will use the handgun to commit a felony, fails to make reasonable efforts to prevent commission of the offense by the minor. Id.

A parent or legal guardian is also criminally liable if he or she furnishes a handgun to, or permits possession of a handgun by, any minor who has been convicted of a forcible felony or forcible misdemeanor (as defined in section 16-1-3), or who has been adjudicated delinquent (under section 15-11-1) for an offense which would constitute a forcible felony or forcible misdemeanor if such minor were an adult.  Section 16-11-101.1(c)(3).

State administrative regulations require firearms in licensed family day care homes to be stored so they are inaccessible to children. Ga. Comp. R. & Regs. 290-2-3-.11(2)(g). Similarly, firearms on the premises of any child caring institution shall not be allowed within any living units and shall be stored in locked cabinets or other similar storage containers which are not accessible to children and are in areas that are not accessible to children. Ga. Comp. R. & Regs. 290-2-5-.18(9)(a). Prospective adoptive parents must provide a statement verifying that all firearms owned and in the home are locked away from children. Ga. Comp. R. & Regs. 290-9-2-.06(3)(d)(9)(iv). Prospective foster parents also must keep all firearms owned and in the home locked and away from children. Ga. Comp. R. & Regs. 290-9-2-.07(5)(a)(9)(ii)(IX).

Dealer Regulations

Any person, firm, retail dealer, wholesale dealer, pawnbroker, or corporation who sells, disposes of, or offers for sale or causes or permits to be sold, disposed of, or offered for sale any pistol or revolver or short-barreled firearm of less than 15 inches in length, whether the firearm is the seller’s own property or whether the person selling the firearm is an agent or employee of the owner, must obtain a license from the Georgia Department of Public Safety permitting the sale of such firearms.  Ga. Code Ann. § 43-16-2.  The application must be accompanied by a sworn affidavit stating that the applicant is a United States citizen, is at least age 21, and has not been convicted of a felony. Section 43-16-3; Ga. Comp. R. & Regs. 570-4-.06.  The application must also be accompanied by a bond for the sum of $1,000 conditioned upon the faithful performance of the requirements of Georgia Code Annotated §§ 43-16-1 – 43-16-12, and signed by the applicant. Section 43-16-4; Ga. Comp. R. & Regs. 570-4-.07. Licenses are valid for one year.  Ga. Code Ann § 43-16-5. There is an annual license fee of $25 for the owner of any sales establishment, and an annual employee license fee of $3. Id. The application must include a copy of a current federal license. Ga. Comp. R. & Regs. 570-4-.06.

These requirements, as well as the other dealer licensing regulations contained in Ga. Code Ann. §§ 43-16-1 – 43-16-12, do not apply to or prohibit the casual sale of firearms between individuals or bona fide gun collectors.  Section 43-16-2.  See the Georgia Private/Secondary Sales section for further information.

Licensees must keep the license itself conspicuously displayed on their business premises. Section 43-16-7; Ga. Comp. R. & Regs. 570-4-.02.

Licensees are required to keep a record of the acquisition and disposition of all firearms, which records shall be identical in form and context to the firearms acquisition and disposition record required by 27 C.F.R. § 478.102. Ga. Code. Ann. § 43-16-10.1(a), (b).

The record shall be maintained on the licensed premises and shall be open to the inspection of any duly authorized law enforcement officer during the ordinary hours of business or at any reasonable time.  Section 43-16-10.1(c). The record of each acquisition or disposition of a firearm shall be maintained for not less than five years.  Id. 

Failure to keep and maintain the required records is grounds for revocation of the license.  Section 43-16-10.1(d).

All transfers or purchases of firearms conducted by a dealer licensed pursuant to 18 U.S.C. § 923 or Ga. Code Ann. §§ 43-16-1 – 43-16-12 are subject to the National Instant Criminal Background System (NICS) created by the Brady Act. Section 16-11-172.

In 2006, New York City filed two lawsuits against certain gun dealers in a number of states including Georgia. Using hidden cameras, investigators from New York City had recorded these dealers engaging in transactions alleged to violate federal law. In particular, these lawsuits alleged that the dealers, including dealers in Georgia, had sold firearms knowing that the purchaser was buying the gun on behalf of someone who is legally ineligible to possess it.  All of the 27 dealers named in the two New York City lawsuits have now settled out of court.  In reaction to these lawsuits, as part of the “Business Security and Employee Privacy Act of 2008,” Georgia adopted a statute apparently aimed at the investigators involved in these lawsuits.  That statute states:

Any person who attempts to solicit, persuade, encourage, or entice any dealer to transfer or otherwise convey a firearm other than to the actual buyer, as well as any other person who willfully and intentionally aids or abets such person, shall be guilty of a felony. This Code section shall not apply to a federal law enforcement officer or a peace officer, as defined in Code Section 16-1-3, in the performance of his or her official duties or other person under such officer's direct supervision.

Section 16-11-113.

Number of Federally Licensed Firearms Dealers

There are 1,501 federally licensed firearms dealers and pawnbrokers in Georgia. Federal firearms licensee totals for Georgia as of November 24, 2008 were provided by the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives.

Disarming Prohibited Possessors

No relevant statutes currently exist.

Domestic Violence and Firearms

Firearm Prohibitions for Domestic Violence Misdemeanants

There is no law in Georgia prohibiting individuals convicted of domestic violence misdemeanors from purchasing or possessing firearms or ammunition. Federal law, however, prohibits the purchase and possession of firearms and ammunition by persons who have been convicted of a “misdemeanor crime of domestic violence.” 18 U.S.C. § 922(g)(9). Federal law defines a “misdemeanor crime of domestic violence” as an offense that is a federal, state or tribal law misdemeanor and has the use or attempted use of physical force or threatened use of a deadly weapon as an element, if the offender:

  • Was a current or former spouse, parent, or guardian of the victim;

  • Shares a child in common with the victim;

  • Was a current or former cohabitant with the victim as a spouse, parent or guardian; or

  • Was similarly situated to a spouse, parent or guardian of the victim.

18 U.S.C. § 921(a)(33).

Firearm Prohibitions for Persons Subject to Domestic Violence Restraining/Protective Orders

There is no law in Georgia prohibiting individuals subject to domestic violence protective orders from possessing firearms or ammunition. Federal law prohibits the purchase and possession of firearms and ammunition by a person subject to a protective order issued after notice to the abuser and a hearing, if the order protects an “intimate partner” of the abuser, or a child of the abuser or intimate partner. 18 U.S.C. § 922(g)(8). Federal law defines an “intimate partner” as a current or former spouse, a parent of a child in common with the abuser, or an individual with whom the abuser does or has cohabited. 18 U.S.C. § 921(a)(32).

According to the Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, 2005 (Nov. 2006), Georgia maintains fully automated flagged domestic violence misdemeanor and protective order data.

For general information on the background check process and categories of prohibited purchasers or possessors, see the Georgia Background Checks and Georgia Prohibited Persons sections.

Gun Shows

Georgia does not regulate gun shows. Pursuant to Georgia Code Annotated § 16-11-173(b)(1), no county or municipal corporation, by zoning or by ordinance, resolution, or other enactment, shall regulate gun shows in any manner.

In addition, Georgia does not require private sellers to perform background checks on potential firearms purchasers at gun shows. According to the Americans for Gun Safety analysis The Iron Pipeline: Georgia is Nation’s Second Leading Gun Trafficking State, Georgia is a prominent source of illegal firearms, many originating from sales at gun shows.

See the Georgia Private/Secondary Sales section for state laws that apply at gun shows.

Immunity Statutes / Manufacturer Litigation

Georgia Code Annotated § 16-11-173(b)(2) provides:

The authority to bring suit and right to recover against any firearms or ammunition manufacturer, trade association, or dealer by or on behalf of any governmental unit created by or pursuant to an Act of the General Assembly or the Constitution, or any department, agency, or authority thereof, for damages, abatement, or injunctive relief resulting from or relating to the lawful design, manufacture, marketing, or sale of firearms or ammunition to the public shall be reserved exclusively to the state. This paragraph shall not prohibit a political subdivision or local government authority from bringing an action against a firearms or ammunition manufacturer or dealer for breach of contract or warranty as to firearms or ammunition purchased by the political subdivision or local government authority.

The Georgia General Assembly has declared that the lawful design, marketing, manufacture, or sale of firearms or ammunition to the public is not an unreasonably dangerous activity and does not constitute a nuisance per se. Section 16-11-173(a)(2).

In Sturm, Ruger & Company v. City of Atlanta, 560 S.E.2d 525 (Ga. Ct. App. 2002), the Court of Appeals of Georgia reversed the denial of a motion to dismiss a city’s negligence claim against gun manufacturers, dealers, and trade associations in connection with the design, marketing and distribution of firearms.  The court held the lawsuit preempted in several ways. See the Georgia State Preemption section for details. In addition, the court held that the lawsuit was precluded by subsections 16-11-173(a)(2) and (b)(2), which declare that the lawful design, marketing, manufacture, and sale of firearms is not an unreasonably dangerous activity and does not constitute a nuisance per se, and which exclusively reserve to the state the authority to bring suit and recover against any firearms manufacturer or dealer. Sturm, Ruger, 560 S.E.2d at 530-32. The court held that these statutes could be applied retroactively and that such retroactive application did not offend the state constitutional prohibitions on retroactive laws, special laws, or the state constitutional separation of powers doctrine. Id. at 530-32.

Finally, no sport shooting range or unit of government or person owning, operating, or using a sport shooting range for the sport shooting of firearms shall be subject to any action for civil or criminal liability, damages, abatement, or injunctive relief resulting from or relating to noise generated by the operation of the range if the range remains in compliance with noise control or nuisance abatement rules, regulations, statutes, or ordinances applicable to the range on the date on which it commenced operation.  Section 41-1-9(c).

For detailed information about government and private party lawsuits against the gun industry, the status of litigation involving gun industry immunity statutes in various states, or pending gun industry immunity legislation, visit the Brady Center's Legal Action Project and the Coalition to Stop Gun Violence's Gun Industry Immunity page.

Junk Guns / Saturday Night Specials

No relevant statutes currently exist.

Large Capacity Ammunition Magazines

No relevant statutes currently exist.

Licensing of Gun Purchasers / Owners

No relevant statutes currently exist.

Locking Devices

In 2006, Georgia created the Suicide Prevention Program to be managed by the injury prevention section of the Division of Public Health of the Georgia Department of Human Resources. As part of that law, Georgia recognized that, “In Georgia, three out of four suicide deaths involve a firearm.”  The law requires the injury prevention section to, among other things, “Work with public officials to improve firearm safety.”  Ga. Code Ann. § 37-1-27 (formerly § 31-2-9).

No other relevant statutes currently exist.

Mental Health Reporting

Federal law prohibits any person from selling or otherwise transferring a firearm or ammunition to any person who has been “adjudicated as a mental defective” or involuntarily “committed to any mental institution.” 18 U.S.C. § 922(d)(4). However, no federal law requires states to report the identities of these individuals to the National Instant Criminal Background Check System (NICS) database, which the FBI uses to perform background checks prior to firearm transfers.

Ga. Code Ann. § 16-11-172(a) and (b) requires the Georgia Crime Information Center (GCIC) to provide to NICS all necessary criminal history information and wanted person records and information concerning persons who have been involuntarily hospitalized for the purpose of completing a NICS check.

Section 35-3-34(e)(2) requires GCIC to provide to the FBI in conjunction with the NICS and in accordance with the federal Brady Act information regarding whether a person has been involuntarily hospitalized.  In order to carry out section 16-11-172, the probate courts must provide GCIC with information from the involuntary hospitalization records for persons involuntarily hospitalized after March 22, 1995.  Id. The probate courts must provide such information and no other mental health information, to preserve the confidentiality of patient’s rights in all other respects. Id. This information must be provided in a manner agreed upon by the Probate Judges Training Council and the Georgia Bureau of Investigation (GBI).  Id. See also Ga. Comp. R. & Regs. 140-2-.17(2).

Further, in order to carry out section 16-11-172, the clerks of the superior courts must provide information regarding whether a person has been adjudicated mentally incompetent to stand trial or not guilty by reason of insanity at the time of the crime, and has been involuntarily hospitalized, based on the clerks’ records for persons involuntarily hospitalized after March 22, 1995. Section 35-3-34(e)(2). This information must be provided in a manner agreed upon by the Council of Superior Court Clerks of Georgia and the GBI to preserve the confidentiality of patient’s rights in all other respects.  Id.

Five years from the date that GCIC receives a person’s involuntary hospitalization information, GCIC must purge its records of such information as soon as practicable and, in any event, within 30 days of the expiration of such five-year period.  Id.

The Council of the GCIC is empowered to adopt rules, regulations, and forms necessary to implement section 35-3-34.  Section 35-3-34(e).  See Ga. Comp. R. & Regs. 140-2-.17(2).

According to Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, 2005 (Nov. 2006), Georgia insanity, incompetent to stand trial, and involuntary commitment dispositions are contained in a database maintained by the Georgia Bureau of Investigation and may also be included in criminal histories.

For general information on the background check process and categories of prohibited purchasers or possessors, see the Georgia Background Checks and Georgia Prohibited Persons sections.

Minimum Age to Purchase / Possess

Georgia prohibits the possession or control of a pistol or revolver by any person under age 18.  Ga. Code Ann. § 16-11-132(b).  This prohibition does not apply if the underage person is:

  • Attending a hunter education course or a firearms safety course;

  • Engaging in practice in the use of a firearm or target shooting at an established range authorized by the governing body of the jurisdiction where such range is located;

  • Engaging in an organized competition involving the use of a firearm or participating in or practicing for a performance by an organized group under 26 U.S.C. § 501(c)(3) which uses firearms as a part of such performance;

  • Hunting or fishing pursuant to a valid license if such person has in his or her possession a valid hunting or fishing license if required; is engaged in legal hunting or fishing; has permission of the owner of the land on which the activities are being conducted; and the pistol or revolver, whenever loaded, is carried only in an open and fully exposed manner; or

  • Traveling to or from any of the aforementioned activities, if the pistol or revolver is not loaded.

Section 16-11-132(c)(1).

In addition, this prohibition does not apply if the person under age 18 is:

  • On real property under the control of his or her parent, legal guardian, or grandparent and who has the permission of the parent or legal guardian to possess a pistol or revolver; or

  • At his or her residence and possesses a pistol or revolver while exercising rights authorized in sections 16-3-21 or 16-3-23 (provisions regarding the justified use of force against another) with the permission of his or her parent or legal guardian.

Section 16-11-132(c)(2), (3).

There is no minimum age requirement to possess rifles and shotguns in Georgia. Federal law prohibits firearms dealers from selling or delivering a shotgun or rifle, or ammunition for a shotgun or rifle, to any person the dealer knows or has reasonable cause to believe is under the age of 18. 18 U.S.C. § 922(b)(1), (c)(1). Dealers are prohibited from selling or delivering other firearms (e.g., handguns) or ammunition for those firearms to any person the dealer knows or has reasonable cause to believe is under the age of 21.  Id.

Multiple Purchases / Sales of Firearms

No relevant statutes currently exist.

Personalized / Smart Guns

No relevant statutes currently exist.

Private / Secondary Sales

Private firearms transfers (i.e., transfers by non-firearms dealers) are not subject to a background check requirement in Georgia, although federal and state purchaser prohibitions still apply.  See the Georgia Background Checks section.

Any person, firm, retail dealer, wholesale dealer, pawnbroker, or corporation who sells, disposes of, or offers for sale or causes or permits to be sold, disposed of, or offered for sale any pistol or revolver or short-barreled firearm of less than 15 inches in length, whether the firearm is the seller’s own property or whether the person selling the firearm is an agent or employee of the owner, must obtain a license from the Georgia Department of Public Safety permitting the sale of such firearms.   Ga. Code Ann. § 43-16-2.  This provision, as well as the other dealer licensing regulations in sections 43-16-1—43-16-12, do not apply to or prohibit the casual sale of handguns between individuals or bona fide gun collectors. Section 43-16-2. See the Georgia Dealer Regulations section for further information.

No person may intentionally, knowingly, or recklessly sell or furnish a pistol or revolver to a minor (person under the age of 18 years; see § 16-11-101.1(a)(1)).  Section 16-11-101.1(b).  However, a parent or legal guardian may permit possession of a pistol or revolver by a minor for the purposes specified in section 16-11-132(c) (see the Georgia Minimum Age to Purchase/Possess section), unless otherwise expressly limited by section 16-11-101.1(c). Section 16-11-101.1(b).

Georgia prohibits the purchase or sale of a firearm by a person who knows that the manufacturer’s serial number or other distinguishing number or identification mark has been removed for the purpose of concealing or destroying the identity of the firearm. Section 16-9-70.

Prohibited Persons

Federal law prohibits a number of classes of persons from purchasing or possessing firearms, including felons, fugitives, persons adjudicated as “mental defectives” or those committed to mental institutions, and leaves to the states the power to determine additional classes. For a complete list of federally prohibited purchasers, see LCAV’s Federal Background Checks and Prohibited Purchasers summary.

In addition, Georgia has incorporated some of the federal prohibitions as state offenses.  Georgia prohibits the purchase or receipt of a firearm by any person who is on probation as a “felony first offender,” or who has been convicted of a felony.  Ga. Code Ann. § 16-11-131(b), (b.1).

For information on the background check process used to enforce these provisions, see the Georgia Background Checks section.

Registration of Guns

Application forms for a license to carry a handgun shall not “require data which is nonpertinent or irrelevant such as serial numbers or other identification capable of being used as a de facto registration of firearms owned by the applicant.”  Ga. Code Ann. § 16-11-129(a). No other relevant statutes currently exist.

Reporting of Lost or Stolen Firearms

No relevant statutes currently exist.

Waiting Periods

No relevant statutes currently exist.
 
Bureau of Alcohol, Tobacco, Firearms and Explosives, Atlanta Field Division (GA)
  Georgians for Gun Safety
 

Office of the Attorney General of Georgia

 
Questions/Comments about this site? Copyright© 2010 Legal Community Against Violence Legal Disclaimer