Due to recent changes in Georgia law, many people are confused about whether it is legal to carry a weapon without a license. In some cases, it might be, while in others, carrying a weapon at all is prohibited. An experienced gun crimes lawyer from Crawford and Boyle, LLC can explain the law that applies in your particular situation. Contact us today for a confidential consultation to discuss your rights.
New Law Basics
Georgia passed a new weapons carry law on April 12, 2022. Before this law, Georgia residents were required to have a Concealed Carry Weapon (CCW) Permit to carry a concealed weapon in public, which required them to apply through their county’s probate court, pay a fee of approximately $75, pass a criminal background check, and provide their fingerprints.
Under the new law, Georgia residents are allowed to carry handguns in public without a license or background check. Additionally, concealed weapons permit holders from other states are also allowed to carry legally in Georgia under the new provisions. The new law is called the Constitutional Carry Act.
Despite the new measures, there are still restrictions on who can carry and where. Specifically, the law only applies to people classified as “lawful weapons carriers.”
Lawful Weapons Carrier
A lawful weapons carrier is defined under Georgia law as any of the following:
- Anyone eligible for a weapons carry license under Georgia law
- A resident of any other state who would be eligible for a Georgia CCW
- Anyone licensed to carry a weapon in another state
Who Is Banned from Carrying a Gun in Georgia?
Whether they have a license that was previously issued or not, certain individuals are barred from carrying guns in Georgia, including the following:
- Convicted felons: Convicted felons are banned from possessing a firearm, which applies to both felons who were convicted of a felony in or out of the state.
- People with convictions of certain misdemeanors: In some situations, a conviction for a misdemeanor can bar a person from possessing a firearm. For example, those convicted of domestic violence offenses are generally prohibited from possessing a firearm.
- Mentally ill: People adjudicated or legally determined to have a mental illness are also prohibited from carrying a firearm.
- People under the age of 21: People under the age of 21 who are not active U.S. military are generally barred from carrying a gun.
There are exceptions that could apply, so if you have a question about whether carrying the particular type of weapon you have is legal, contact Crawford and Boyle, LLC for a confidential consultation.
Penalties for Unlawful Carrying of a Weapon
If you were recently arrested for unlawfully carrying a weapon or being in possession of a weapon that you should not have been, you are likely considering the possible penalties. Before the new law, carrying a weapon without a license was a minor offense. The prior penalty for this offense was up to one year in jail and a fine of up to $1,000.
The new law has made it easier to carry a weapon without a license. Therefore, there aren’t penalties for those who are lawfully in possession of the firearm in a place where they are allowed to carry.
However, the remaining laws regarding the prohibitions on who can carry and where they can carry can still wind up in criminal charges, which carry stiff penalties. For example, a felon in possession can result in a conviction and be punished by up to ten years in prison.
Other offenses will depend on the specific circumstances, including where the gun was carried, whether it violated state or federal law, and whether the accused had any prior convictions for a similar offense.
Rules for Out-of-State Residents
Non-residents of the state of Georgia must follow federal laws and restrictions from their home state. They can carry long guns without a license if they meet the criteria of a lawful weapons carrier, such as being eligible for a WCL if they were a resident or have a valid WCL or equivalent from another state.
Areas Where Guns Are Banned
Even if you are a lawful weapon carrier, there are certain locations where gun possession is prohibited. These locations are identified by state or federal law. Carrying in an area where it is illegal to do so can result in an arrest and possible penalties.
Common examples of locations where carrying weapons are off-limits include:
- Government buildings
- Courthouses
- Jails
- Secure areas of airports
- Schools
- School functions
- Places of worship
Private property owners can ban firearms on their property and ask for someone to leave their property if they refuse to comply.
A judge can grant an exception for individuals who need to carry a weapon for work purposes.
Other Types of Gun Crimes
Besides being in unlawful possession of a firearm, people can be charged with other gun crimes, such as:
- Illegal weapons: Possession of dangerous weapons, such as machine guns, sawed-off shotguns, or gun silencers
- Illegal discharge of a firearm: Firing a gun within 50 yards of a public highway or street, or on another person’s property without their permission
- Pointing a firearm at another: Aiming a gun at someone else
- Carrying under the influence: Carrying a weapon or discharging a firearm while under the influence of alcohol or drugs
Do I Need a Georgia Gun License?
The constitutional carry law largely eliminated the need to obtain a Georgia gun license to legally carry a gun. The law allows gun holders to open carry or carry a concealed weapon. While it is not required, people can still apply for a Georgia Concealed Carry Weapon license, which gives gun owners additional benefits, such as allowing them to carry a handgun in reciprocal states that recognize Georgia’s WCL license. Having a license can also demonstrate that you are serious about gun ownership and understand the responsibilities involved with it, which may be helpful if you are ever charged in a self-defense case involving a gun.
You can contact your local police department to seek a concealed carry permit.
What Should I Do If I’m Charged with Illegally Carrying a Weapon?
If you are charged with illegal possession of a firearm, the first thing you should do is to contact an experienced gun crimes attorney. When you interact with police, be polite, but assert your right to remain silent. Ask for a lawyer in an unequivocal manner. Do not speak to police without legal representation and advice to do so.
How Can a Criminal Defense Attorney Help If I Am Arrested for Carrying a Gun Illegally?
They can investigate your case, determine your eligibility to carry, evaluate your stop and interactions with police, determine if law enforcement had legal grounds for search and seizure, and defend you against criminal charges.
Possible defenses that your criminal defense lawyer could raise on your behalf might include:
- You were eligible to carry a gun.
- You were not actually in a restricted area.
- You were not in actual possession of the weapon.
- The officer did not have probable cause for the search and seizure.
If viable defenses do not apply, your lawyer may be able to negotiate for a reduced charge or diversion to shield you from the harshest consequences.
Can a Convicted Felon Ever Obtain a Georgia Gun License?
While felons are generally prohibited from obtaining a Georgia gun license, there are some exceptions that might allow for this. Generally, a person has to wait five years after they have completed all of their sentences, including any term of probation, and complied with all terms of release, including payment of fines.
All this being said, you should not assume that you will be able to carry legally and should not do so until your gun rights have been restored. An experienced gun lawyer from Crawford and Boyle, LLC can review your situation during a confidential consultation.
Do I Need Firearm Safety Training to Carry a Gun?
Due to Georgia’s constitutional carry law and the rules surrounding obtaining a weapons carry license, you are not required to complete a firearm safety training course or demonstrate gun proficiency to carry a gun or obtain a WCL. However, you may still wish to take this type of training to become more knowledgeable and safer about gun use.
Can a Person Under 21 Carry a Gun?
Most people must be 21 or older to possess a handgun, and 18 to purchase a long gun in Georgia. However, there are exceptions. For example, if a person is 18 or older and in the military, they can generally carry if they meet the following criteria:
- They completed basic training.
- They can provide proof of active duty or honorable discharge.
These individuals may be able to carry a gun without a WCL.
Where Can I Carry a Gun in Georgia?
Besides the areas that are specifically prohibited by law, there are other rules that can apply based on other areas, such as:
- On private property: You are allowed to possess a gun on your own private property or place of business. However, private property owners can restrict firearm possession on their property and request that someone leave their property if they do not comply.
- In a car: Unless you are otherwise prohibited from possessing a firearm, you can keep a handgun or long gun in your own vehicle. You do not need a weapons carry license. This could include carrying a pistol in your glove box or center console. However, if law enforcement officers stop you, they are generally allowed to search your vehicle for weapons that are accessible to you to protect themselves.
- Hunting or fishing: Individuals with a valid hunting or fishing license or those who are not required to have a license of this nature can carry a weapon while engaged in these activities.
- In public: The constitutional carry law generally allows people to carry handguns openly or concealed in public without a license or permit, except as otherwise prohibited.
If you have individual questions about your specific circumstances, contact Crawford and Boyle, LLC for a confidential case review.
Contact an Experienced Attorney from Crawford and Boyle, LLC for a Confidential Consultation
The recent changes in Georgia gun laws have allowed more freedom in the carrying of firearms. However, people can still be arrested and convicted of gun crimes if they violate rules around who can carry, where they can carry, or the unlawful use of a firearm. If you have been charged with a weapons crime, you need an experienced criminal defense lawyer on your side who can protect your rights.
Contact Crawford and Boyle, LLC for a confidential case evaluation.