Georgia’s gun laws allow for broad permissions for firearm ownership and carry. The state has established a legal framework that is important for residents to understand to ensure they are acting within the law. This article provides information on the key aspects of Georgia’s firearm regulations for possessing and carrying firearms.
Eligibility for Firearm Possession in Georgia
In Georgia, the ability to legally own a firearm is determined by a specific set of criteria. To purchase a handgun from a licensed dealer, an individual must be at least 21 years old, while the age requirement for purchasing a rifle or shotgun is 18. Beyond age, an individual must not be prohibited by law from possessing a firearm.
A person cannot have a felony conviction on their record, as outlined in O.C.G.A. § 16-11-131.1Justia. Georgia Code § 16-11-131 – Possession of Firearms by Convicted Felons A person who has been adjudicated as mentally defective or has been committed to a mental institution is also barred from firearm ownership. Federal law also prohibits firearm possession by anyone convicted of a misdemeanor crime of domestic violence.2Legal Information Institute. 18 U.S. Code § 922 – Unlawful Acts
Georgia’s Constitutional Carry Law
Georgia operates under a constitutional carry framework, established by the Georgia Constitutional Carry Act of 2022. This law allows any individual who qualifies as a “lawful weapons person” to carry a handgun, either openly or concealed, in most public areas without needing a permit. The law removes the previous requirement for eligible citizens to obtain a Georgia Weapons Carry License (WCL) for the concealed or open carrying of a handgun.
Despite the permitless carry provision, the state still issues Weapons Carry Licenses. A WCL remains useful for Georgians who wish to carry their firearms in other states that have reciprocity agreements with Georgia. The license can also serve as a valid substitute for the point-of-sale background check when purchasing firearms from a licensed dealer.3Bureau of Alcohol, Tobacco, Firearms and Explosives. Brady Permit Chart
Restricted Locations for Firearms in Georgia
Even with constitutional carry, Georgia law designates several locations where carrying a firearm is restricted or prohibited. O.C.G.A. § 16-11-127 lists these off-limits areas to maintain security and public order in sensitive environments.4Justia. Georgia Code § 16-11-127 – Carrying Weapons in Unauthorized Locations
- A courthouse, jail, or prison
- The sterile areas of airports, past the security checkpoints
- Within nuclear power facilities
- Government buildings that have security screening at public entrances
- In a polling place or within 150 feet of one during an election
- School safety zones, which include K-12 schools, school buses, and school functions, as well as on college and university campuses, though some specific, limited exceptions exist
While carrying in a place of worship is allowed, the leadership of the establishment may prohibit firearms by posting notice at the entrances. Private property owners retain the right to forbid firearms on their premises if they have posted signs or verbally inform an individual that firearms are not allowed.
Legal Requirements for Purchasing Firearms
The process for purchasing a firearm in Georgia varies depending on the seller. Any purchase from a Federally Licensed Firearms Dealer (FFL) is subject to federal law, which requires the buyer to undergo a background check. The prospective purchaser must complete and sign the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Form 4473.5Electronic Code of Federal Regulations. 27 CFR § 478.124 — Firearms transaction record. This form collects the buyer’s personal information and asks a series of questions to confirm they are not a prohibited person under federal or state law.
Once the form is completed, the FFL dealer submits the buyer’s information to the National Instant Criminal Background Check System (NICS). The sale can only proceed if the background check comes back clear.
For private firearm sales between two Georgia residents, the state does not mandate that the seller conduct a background check. Federal law still applies, and it remains an offense for any person to sell or transfer a firearm to someone they know, or have reasonable cause to believe, is prohibited from possessing one.
Transporting Firearms in a Vehicle in Georgia
Georgia law provides clear guidance for transporting firearms in a vehicle. Any person who is not prohibited by law from possessing a firearm may have or carry a handgun or long gun anywhere in their vehicle.6Justia. Georgia Code § 16-11-126 – Having or Carrying Handguns, Long Guns, or Other Weapons This right applies whether the firearm is loaded or unloaded, and it may be kept concealed or openly visible.