While our online training program may not allow you to apply for a Georgia permit/license to carry, nonresidents of Georgia can utilize our online training program to apply for a New Hampshire Nonresident Carry Permit/License to ADD to the number of states they can carry in than with Georgia’s permit alone.
Georgia issues carry permit/licenses to nonresidents of Georgia through the Probate Courts. Georgia does not issue nonresident carry permits/licenses. Georgia does NOT accept out of state permits. Georgia does NOT recognize the New Hampshire Nonresident Carry Permit/License as a legal way to concealed carry in their state. However, you could use this course to show a handgun safety course to help you get your permit in Georgia.
Also, by getting the State of New Hampshire’s Nonresident Carry Permit/License, you can INCREASE the number of states you CAN carry in.
Georgia Concealed Carry Permit
Read below to view the most recent laws, regulations and guidelines regarding Georgia’s Concealed Carry Laws As Of 2020*
Does This Course Qualify Me To Obtain A New Hampshire Nonresident Carry Permit/License?
Yes. You will NOT be applying for your permit in Georgia. This is for you to obtain a New Hampshire Nonresident Carry Permit/License which is accepted in many states as a valid concealed carry permit, but NOT in Georgia. This is valid reciprocity with other states for Georgia nonresidents and nonresidents.
How Long is the New Hampshire Nonresident Carry Permit/License Valid?
New Hampshire Nonresident Carry Permits/Licenses are valid for 5 years. We suggest you apply at least 90 days before the expiration of your permit to be sure you have plenty of time to submit it to the New Hampshire State Police to be renewed to allow enough time for you to get your new permit before the old one expires.
How to apply for your New Hampshire Nonresident Permit:
To apply for your New Hampshire Nonresident Permit: As a nonresident, you can take the online CCW permit from New Hampshire.
- Complete firearms training course at an accredited site like National Carry Academy (https://www.nationalcarryacademy.com).
- Download and print a certificate of successful completion.
- Apply to New Hampshire website. See (https://www.nationalcarryacademy.com). If you have questions, contact the state of New Hampshire (https://www.nh.gov/safety/divisions/nhsp/jib/permitslicensing/plupr.html).
- Download an application at: https://www.nh.gov/safety/divisions/nhsp/jib/permitslicensing/documents/dssp260.pdf
- Send application with a check for $100 to:
Department of Safety
Division of State Police
Permits and Licensing Unit
33 Hazen Drive
Concord, NH 03305
To obtain your New Hampshire Nonresident Carry Permit/License, you will need to submit an additional $100 made payable to the New Hampshire Police.
This class/training is only valid for one year before you apply for your permit. If you do not apply within one year, your training will not be valid and you will have to retake training per state law.
NONRESIDENTLAWS, REGULATIONS AND GUIDELINES
*Laws and outlines are updated to the best of our ability.
Georgia Conceal Carry Laws Updated As Of 2020*
Reciprocity Guidelines for Georgia
The State of Georgia honors permits from the following states: Alabama, Florida, Kentucky, Montana, Oklahoma, Utah, Alaska, Idaho, Louisiana, New Hampshire, Pennsylvania, West Virginia, Arkansas, Indiana, Michigan, North Carolina, South Dakota, Wisconsin, Arizona, Iowa, Mississippi, North Dakota, Tennessee, Wyoming, Colorado, Kansas, Missouri, Ohio, and Texas
This applies to both resident and non-resident permits.
O.C.G.A. § 16-11-126 Having or Carrying Handguns, Long Guns, or Other Weapons; License Requirement; Exceptions for Homes, Motor Vehicles, and Other Locations and Conditions; Penalties for Violations
(e) Any person licensed to carry a handgun or weapon in any other state whose laws recognize and give effect to a license issued pursuant to this part shall be authorized to carry a weapon in this state, but only while the licensee is not a resident of this state; provided, however, that such licensee shall carry the weapon in compliance with the laws of this state.
Applying for a Permit in Georgia
There have been changes and upgrades in the application process within the State of Georgia and some counties now offer online application. These online applications may still require you to appear in person at the Probate Court to sign for the application. Courts say that online applications will speed up the process when applicants go to the court to sign.
Example reporting from Gwinnett County:
• Starting 2/1/2012 applicants for all firearms permits must pay the $70.00 fee using check or cash to the Probate court. Credit cards can be used with an additional fee and are paid to the unit that needs fingerprinting.
• The breakdown of the fees includes $30.00 for the Probate Court of Gwinnett County, and $40.00 for the background check including fingerprinting.
• Fingerprinting must be done at the Permits Unit within Gwinnett County and completed within 90 days of submitting the application or the file will be closed requiring the applicant to reapply.
Each county will have specific requirements so make sure to check for the requirements in your county.
All permits will be valid for five years and applications will be made in the counties where you reside.
§ 16-11-129 Weapons Carry License; Temporary Renewal License
(a) Application for Weapons Carry License or Renewal License; Term. The judge of the probate court of each county shall, on application under oath and on payment of a fee of $30.00, and on investigation of applicant pursuant to subsections (b) and (d) of this Code section, issue a weapons carry license or renewal license valid for a period of five years to any person whose domicile is in that county or who is on active duty with the United States armed forces and who is not a domiciliary of this state but who either resides in that county or on a military reservation located in whole or in part in that county at the time of such application. Such license or renewal license shall authorize that person to carry any weapon in any county of this state notwithstanding any change in that person’s county of residence or state of domicile. Applicants shall submit the application for a weapons carry license or renewal license to the judge of the probate court on forms prescribed and furnished free of charge to persons wishing to apply for the license or renewal license. An application shall be considered to be for a renewal license if the applicant has a weapons carry license or renewal license with 90 or fewer days remaining before the expiration of such weapons carry license or renewal license or 30 or fewer days since the expiration of such weapons carry license or renewal license regardless of the county of issuance of the applicant’s expired or expiring weapons carry license or renewal license. An applicant who is not a United States citizen shall provide sufficient personal identifying data, including without limitation his or her place of birth and United States issued alien or admission number, as the Georgia Bureau of Investigation may prescribe by rule or regulation. An applicant who is in nonimmigrant status shall provide proof of his or her qualifications for an exception to the federal firearm prohibition pursuant to 18 U.S.C. Section 922(y). Forms shall be designed to elicit information from the applicant pertinent to his or her eligibility under this Code section, including citizenship, but shall not require data which is nonpertinent or irrelevant such as serial numbers or other identification capable of being used as a defacto registration of firearms owned by the applicant. The Department of Public Safety shall furnish application forms and license forms required by this Code section. The forms shall be furnished to each judge of each probate court within this state at no cost.
(c) Fingerprinting. Following completion of the application for a weapons carry license the judge of the probate court shall require the applicant to proceed to an appropriate law enforcement agency in the county or to any vendor approved by the Georgia Bureau of Investigation for fingerprint submission services with the completed application so that such agency or vendor can capture the fingerprints of the applicant. The law enforcement www.handgunlaw.us 3 agency shall be entitled to a fee of $5.00 from the applicant for its services in connection with fingerprinting and processing of an application. Fingerprinting shall not be required for applicants seeking temporary renewal licenses or renewal licenses.
(d) Investigation of Applicant; Issuance of Weapons Carry License; Renewal.
(1) For both weapons carry license applications and requests for license renewals, the judge of the probate court shall within five days following the receipt of the application or request direct the law enforcement agency to request a fingerprint based criminal history records check from the Georgia Crime Information Center and Federal Bureau of Investigation for purposes of determining the suitability of the applicant and return an appropriate report to the judge of the probate court. Fingerprints shall be in such form and of such quality as prescribed by the Georgia Crime Information Center and under standards adopted by the Federal Bureau of Investigation. The Georgia Bureau of Investigation may charge such fee as is necessary to cover the cost of the records search.
(2) For both weapons carry license applications and requests for license renewals, the judge of the probate court shall within five days following the receipt of the application or request also direct the law enforcement agency to conduct a background check using the Federal Bureau of Investigation’s National Instant Criminal Background Check System and return an appropriate report to the probate judge.
(3) When a person who is not a United States citizen applies for a weapons carry license or renewal of a license under this Code section, the judge of the probate court shall direct the law enforcement agency to conduct a search of the records maintained by the United States Bureau of Immigration and Customs Enforcement and return an appropriate report to the probate judge. As a condition to the issuance of a license or the renewal of a license, an applicant who is in nonimmigrant status shall provide proof of his or her qualifications for an exception to the federal firearm prohibition pursuant to 18 U.S.C. Section 922(y).
(4) The law enforcement agency shall report to the judge of the probate court within 30 days, by telephone and in writing, of any findings relating to the applicant which may bear on his or her eligibility for a weapons carry license or renewal license under the terms of this Code section. When no derogatory information is found on the applicant bearing on his or her eligibility to obtain a license or renewal license, a report shall not be required. The law enforcement agency shall return the application directly to the judge of the probate court within such time period. Not later than ten days after the judge of the probate court receives the report from the law enforcement agency concerning the suitability of the applicant for a license, the judge of the probate court shall issue such applicant a license or renewal license to carry any weapon unless facts establishing ineligibility have been reported or unless the judge determines such applicant has not met all the qualifications, is not of good moral character, or has failed to comply with any of the requirements contained in this Code section. The judge of the probate court shall date stamp the report from the law enforcement agency to show the date on which the report was received by the judge of the probate court.
(i) Temporary Renewal Licenses.
(1) Any person who holds a weapons carry license under this Code section may, at the time he or she applies for a renewal of the license, also apply for a temporary renewal license if less than 90 days remain before expiration of the license he or she then holds or if the previous license has expired within the last 30 days.
(2) Unless the judge of the probate court knows or is made aware of any fact which would make the applicant ineligible for a five-year renewal license, the judge shall at the time of application issue a temporary renewal license to the applicant.
(3) Such a temporary renewal license shall be in the form of a paper receipt indicating the date on which the court received the renewal application and shall show the name, address, sex, age, and race of the applicant and that the temporary renewal license expires 90 days from the date of issue.
(4) During its period of validity the temporary renewal permit, if carried on or about the holder’s person www.handgunlaw.us 4 together with the holder’s previous license, shall be valid in the same manner and for the same purposes as a five-year license.
(5) A $1.00 fee shall be charged by the probate court for issuance of a temporary renewal license.
(6) A temporary renewal license may be revoked in the same manner as a five-year license.
(j) Applicant may seek relief. When an eligible applicant fails to receive a license, temporary renewal license, or renewal license within the time period required by this Code section and the application or request has been properly filed, the applicant may bring an action in mandamus or other legal proceeding in order to obtain a license, temporary renewal license, or renewal license. When an applicant is otherwise denied a license, temporary renewal license, or renewal license and contends that he or she is qualified to be issued a license, temporary renewal license, or renewal license, the applicant may bring an action in mandamus or other legal proceeding in order to obtain such license. Additionally, the applicant may request a hearing before the judge of the probate court relative to the applicant’s fitness to be issued such license. Upon the issuance of a denial, the judge of the probate court shall inform the applicant of his or her rights pursuant to this subsection. If such applicant is the prevailing party, he or she shall be entitled to recover his or her costs in such action, including reasonable attorney’s fees.”
Applying for a Non-Resident Permit
Personnel in the military that are stationed in the State of Georgia are allowed to submit an application for a carry license. Everyone from ages 18-20 are permitted to apply included those who are honorably discharged. Check the Probate Court for specific application requirements and make sure to bring the required documentation.
Carry Permit Limitations
O.C.G.A. § 16-11-126
(g) Notwithstanding Code Sections 12-3-10, 27-3-1.1, 27-3-6, and 16-12-122 through 16-12-127, any person with a valid weapons carry license may carry a weapon in all parks, historic sites, or recreational areas, as such term is defined in Code Section 12-3-10, including all publicly owned buildings located in such parks, historic sites, and recreational areas, in wildlife management areas, and on public transportation; provided, however, that a person shall not carry a handgun into a place where it is prohibited by federal law.
O.C.G.A. § 16-11-127
(a) As used in this Code section, the term:
(1) ‘Courthouse’ means a building occupied by judicial courts and containing rooms in which judicial proceedings are held.
(2) ‘Government building’ means: (A) The building in which a government entity is housed; (B) The building where a government entity meets in its official capacity; provided, however, that if such building is not a publicly owned building, such building shall be considered a government building for the purposes of this Code section only during the time such government entity is meeting at such building; or (C) The portion of any building that is not a publicly owned building that is occupied by a government entity.
(3) ‘Government entity’ means an office, agency, authority, department, commission, board, body, division, instrumentality, or institution of the state or any county, municipal corporation, consolidated government, or local board of education within this state. www.handgunlaw.us 5
(4) ‘Parking facility’ means real property owned or leased by a government entity, courthouse, jail, prison, place of worship, or bar that has been designated by such government entity, courthouse, jail, prison, place of worship, or bar for the parking of motor vehicles at a government building or at such courthouse, jail, prison, place of worship.
(b) Except as provided in subsection (d) or (e) of this Code section, a person shall be guilty of carrying a weapon or long gun in an unauthorized location and punished as for a misdemeanor when he or she carries a weapon or long gun while:
(1) In a government building as a nonlicense holder;
(2) In a courthouse;
(3) In a jail or prison;
(4) In a place of worship, unless the governing body or authority of the place of worship permits the carrying of weapons or long guns by license holders;
(5) In a state mental health facility as defined in Code Section 37-1-1 which admits individuals on an involuntary basis for treatment of mental illness, developmental disability, or addictive disease; provided, however, that carrying a weapon or long gun in such location in a manner in compliance with paragraph (3) of subsection (d) of this Code section shall not constitute a violation of this subsection;
(6) On the premises of a nuclear power facility, except as provided in Code Section 16-11-127.2, and the punishment provisions of Code Section 16-11-127.2 shall supersede the punishment provisions of this Code section; or
(7) Within 150 feet of any polling place when elections are being conducted and such polling place is being used as a polling place as provided for in paragraph (27) of Code Section 21-2-2
(c) A license holder or person recognized under subsection (e) of Code Section 16-11-126 shall be authorized to carry a weapon as provided in Code Section 16-11-135 and in every location in this state not listed in subsection (b) or prohibited by subsection (e) of this Code section; provided, however, that private property owners or persons in legal control of private property through a lease, rental agreement, licensing agreement, contract, or any other agreement to control access to such property shall have the right to exclude or eject a person who is in possession of a weapon or long gun on their private property, in accordance with paragraph (3) of subsection (b) of Code Section 16-7-21, except as provided in Code Section 16-11-135. A violation of subsection (b) of this Code section shall not create or give rise to a civil action for damages.
(d) Subsection (b) of this Code section shall not apply:
(1) To the use of weapons or long guns as exhibits in a legal proceeding, provided such weapons or long guns are secured and handled as directed by the personnel providing courtroom security or the judge hearing the case;
(2) To a license holder who approaches security or management personnel upon arrival at a location described in subsection (b) of this Code section and notifies such security or management personnel of the presence of the weapon or long gun and explicitly follows the security or management personnel’s direction for removing, securing, storing, or temporarily surrendering such weapon or long gun; and
(3) To a weapon or long gun possessed by a license holder which is under the possessor’s control in a motor vehicle or is in a locked compartment of a motor vehicle or one which is in a locked container in or a locked firearms rack which is on a motor vehicle and such vehicle is parked in a parking facility.
(e) (1) A license holder shall be authorized to carry a weapon in a government building when the government building is open for business and where ingress into such building is not restricted or screened by security personnel. A license holder who enters or attempts to enter a government building carrying a weapon where ingress is restricted or screened by security personnel shall be guilty of a www.handgunlaw.us 6 misdemeanor if at least one member of such security personnel is certified as a peace officer pursuant to Chapter 8 of Title 35; provided, however, that a license holder who immediately exits such building or immediately leaves such location upon notification of his or her failure to clear security due to the carrying of a weapon shall not be guilty of violating this subsection or paragraph (1) of subsection (b) of this Code section. A person who is not a license holder and who attempts to enter a government building carrying a weapon shall be guilty of a misdemeanor. (2) Any license holder who violates subsection (b) of this Code section in a place of worship shall not be arrested but shall be fined not more than $100.00. Any person who is not a license holder who violates subsection (b) of this Code section in a place of worship shall be punished as for a misdemeanor.”
O.C.G.A. § 16-11-127.1 Schools
§ 16-11-127.1. Carrying weapons within school safety zones, at school functions, or on a bus or other transportation furnished by a school
(a) As used in this Code section, the term:
(1) “Bus or other transportation furnished by a school” means a bus or other transportation furnished by a public or private elementary or secondary school.
(2) “School function” means a school function or related activity that occurs outside of a school safety zone and is for a public or private elementary or secondary school.
(3) “School safety zone” means in or on any real property or building owned by or leased to: (A) Any public or private elementary school, secondary school, or local board of education and used for elementary or secondary education; and (B) Any public or private technical school, vocational school, college, university, or other institution of postsecondary education.
(4) “Weapon” means and includes any pistol, revolver, or any weapon designed or intended to propel a missile of any kind, or any dirk, bowie knife, switchblade knife, ballistic knife, any other knife having a blade of two or more inches, straight-edge razor, razor blade, spring stick, knuckles, whether made from metal, thermoplastic, wood, or other similar material, blackjack, any bat, club, or other bludgeon-type weapon, or any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain, or any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart, or any weapon of like kind, and any stun gun or taser as defined in subsection (a) of Code Section 16-11-106. This paragraph excludes any of these instruments used for classroom work authorized by the teacher.
(b) (1) Except as otherwise provided in subsection (c) of this Code section, it shall be unlawful for any person to carry to or to possess or have under such person’s control while within a school safety zone or at a school function, or on a bus or other transportation furnished by a school any weapon or explosive compound, other than fireworks the possession of which is regulated by Chapter 10 of Title 25.
(c) The provisions of this Code section shall not apply to: (6) A person who has been authorized in writing by a duly authorized official of a public or private elementary or secondary school or a public or private technical school, vocational school, college, university, or other institution of postsecondary education or a local board of education as provided in Code Section 16- 11-130.1 to have in such person’s possession or use within a school safety zone, at a school function, or on a bus or other transportation furnished by a school a weapon which would otherwise be prohibited by this www.handgunlaw.us 7 Code section. Such authorization shall specify the weapon or weapons which have been authorized and the time period during which the authorization is valid;
(7) A person who is licensed in accordance with Code Section 16-11-129 or issued a permit pursuant to Code Section 43-38-10, when he or she is within a school safety zone or on a bus or other transportation furnished by the a school or a person who is licensed in accordance with Code Section 16-11-129 or issued a permit pursuant to Code Section 43-38-10 when he or she has any firearm legally kept within a vehicle when such vehicle is parked within a school safety zone or is in transit through a designated school safety zone;
(8) A weapon possessed by a license holder which is under the possessor’s control in a motor vehicle or which is in a locked compartment of a motor vehicle or one which is in a locked container in or a locked firearms rack which is on a motor vehicle which is being used by an adult over 21 years of age to bring to or pick up a student within a school safety zone, at a school function, or on a bus or other transportation furnished by a school, or when such vehicle is used to transport someone to an activity being conducted within a school safety zone which has been authorized by a duly authorized official or local board of education as provided by paragraph (6) of this subsection; provided, however, that this exception shall not apply to a student attending a public or private elementary or secondary school;
(17) Teachers and other personnel who are otherwise authorized to possess or carry firearms, provided that any such firearm is in a locked compartment of a motor vehicle or one which is in a locked container in or a locked firearms rack which is on a motor vehicle; or
(e) It shall be no defense to a prosecution for a violation of this Code section that: (1) A school or postsecondary institution was or was not in session at the time of the offense; (2) The real property was being used for other purposes besides school or postsecondary Institution purposes at the time of the offense; or (3) The offense took place on a bus or other transportation furnished by a school
There are School Safety Zones within the State where carrying is illegal and sometimes the wording is confusing, consider reviewing all documentation to ensure there are no issues prior to carrying.
(a) No person shall enter the restricted access area of a commercial service airport, in or beyond the airport security screening checkpoint, knowingly possessing or knowingly having under his or her control a weapon or long gun. Such area shall not include an airport drive, general parking area, walkway, or shops and areas of the terminal that are outside the screening checkpoint and that are normally open to unscreened passengers or visitors to the airport. Any restricted access area shall be clearly indicated by prominent signs indicating that weapons are prohibited in such area.
(b) A person who is not a license holder and who violates this Code section shall be guilty of a misdemeanor. A license holder who violates this Code section shall be guilty of a misdemeanor; provided, however, that a license holder who is notified at the screening checkpoint for the restricted access area that he or she is in possession of a weapon or long gun and who immediately leaves the restricted access area following such notification and completion of federally required transportation security screening procedures shall not be guilty of violating this Code section.
Georgia Code 42-4-13 Jail/Prison Guard Line
(d)(1)(A) It shall be unlawful for any person to come inside the guard lines established at any jail with, or to give or have delivered to an inmate of a jail, any controlled substance, dangerous drug, marijuana, or www.handgunlaw.us 8 any gun, pistol, or other dangerous weapon without the knowledge and consent of the jailer or a law enforcement officer.
(2) Except as otherwise provided in paragraph (3) of this subsection, any person who violates subparagraph (A) of paragraph (1) of this subsection shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one nor more than five years.
(j) Perimeter guard lines shall be established at every jail by the jailer thereof. Such guard lines shall be clearly marked by signs on which shall be plainly stamped or written: ‘Guard line of __________.’ Signs shall also be placed at all entrances and exits for vehicles and pedestrians at the jail and at such intervals along the guard lines as will reasonably place all persons approaching the guard lines on notice of the location of the jail.
Firearms on Tennessee Valley Authority (TVA Property)
4. Firearms and Weapons – TVA campgrounds may receive use by hunters during hunting season. While firearms and weapons are generally prohibited, possession of firearms and other weapons associated with in season hunting excursions are permissible if they are unloaded and properly cased. Possession of firearms at TVA public ramps, associated roads, and parking areas are allowed if the possession complies with the law of the state where the boat ramp is located and is not otherwise prohibited by law.
There are day use areas and campgrounds where firearms are not permitted but some areas have changed their requirements. It is important to check the requirements to ensure compliance.
Gun Sign Requirements and Limitations
Gun sign laws do not have the force of law in the State of Georgia.
Signs prohibiting firearms do not have the force of law with the state specifically those mentioned in the state laws prohibiting firearms. It is always recommend that you check the specific requirements for the state where you are traveling.
Police Contact Carry Inform Requirements
You are not required to inform an officer immediately on contact.
(a) Every license holder shall have his or her valid weapons carry license in his or her immediate possession at all times when carrying a weapon, or if such person is exempt from having a weapons carry license pursuant to Code Section 16-11-130 or subsection (c) of Code Section 16-11-127.1, he or she shall have proof of his or her exemption in his or her immediate possession at all times when carrying a weapon, and his or her failure to do so shall be prima-facie evidence of a violation of the applicable provision of Code Sections 16-11-126 through 16-11-127.2.
(b) A person carrying a weapon shall not be subject to detention for the sole purpose of investigating whether such person has a weapons carry license.
(c) A person convicted of a violation of this Code section shall be fined not more than $10.00 if he or she produces in court his or her weapons carry license, provided that it was valid at the time of his or her arrest, or produces proof of his or her exemption.
Personal Vehicle Storage Limitations
Georgia Code § 16-11-135 Public or Private Employer’s Parking Lots;
right of privacy in vehicles in employer’s parking lot or invited guests on lot; severability; rights of action www.handgunlaw.us 9
(a) Except as provided in this Code section, no private or public employer, including the state and its political subdivisions, shall establish, maintain, or enforce any policy or rule that has the effect of allowing such employer or its agents to search the locked privately owned vehicles of employees or invited guests on the employer’s parking lot and access thereto.
(b) Except as provided in this Code section, no private or public employer, including the state and its political subdivisions, shall condition employment upon any agreement by a prospective employee that prohibits an employee from entering the parking lot and access thereto when the employee’s privately owned motor vehicle contains a firearm or ammunition, or both, that is locked out of sight within the trunk, glove box, or other enclosed compartment or area within such privately owned motor vehicle, provided that any applicable employees possess a Georgia firearms license.
(c) Subsection (a) of this Code section shall not apply:
(1) To searches by certified law enforcement officers pursuant to valid search warrants or valid warrantless searches based upon probable cause under exigent circumstances;
(2) To vehicles owned or leased by an employer;
(3) To any situation in which a reasonable person would believe that accessing a locked vehicle of an employee is necessary to prevent an immediate threat to human health, life, or safety; or
(4) When an employee consents to a search of their locked privately owned vehicle by licensed private security officers for loss prevention purposes based on probable cause that the employee unlawfully possesses employer property.
(d) Subsections (a) and (b) of this Code section shall not apply:
(1) To an employer providing applicable employees with a secure parking area which restricts general public access through the use of a gate, security station, security officers, or other similar means which limit public access into the parking area, provided that any employer policy allowing vehicle searches upon entry shall be applicable to all vehicles entering the property and applied on a uniform and frequent basis;
(2) To any penal institution, correctional institution, detention facility, diversion center, jail, or similar place of confinement or confinement alternative;
(3) To facilities associated with electric generation owned or operated by a public utility;
(4) To any United States Department of Defense contractor, if such contractor operates any facility on or contiguous with a United States military base or installation or within one mile of an airport;
(5) To an employee who is restricted from carrying or possessing a firearm on the employer’s premises due to a completed or pending disciplinary action;
(6) Where transport of a firearm on the premises of the employer is prohibited by state or federal law or regulation;
(7) To parking lots contiguous to facilities providing natural gas transmission, liquid petroleum transmission, water storage and supply, and law enforcement services determined to be so vital to the State of Georgia, by a written determination of the Georgia Department of Homeland Security, that the incapacity or destruction of such systems and assets would have a debilitating impact on public health or safety; or
(8) To any area used for parking on a temporary basis.
(e) No employer, property owner, or property owner’s agent shall be held liable in any criminal or civil action for damages resulting from or arising out of an occurrence involving the transportation, storage, possession, or use of a firearm, including, but not limited to, the theft of a firearm from an employee’s automobile, pursuant to this Code section unless such employer commits a criminal act involving the use of a firearm or unless the employer knew that the person using such firearm would commit such criminal act on www.handgunlaw.us 10 the employer’s premises. Nothing contained in this Code section shall create a new duty on the part of the employer, property owner, or property owner’s agent. An employee at will shall have no greater interest in employment created by this Code section and shall remain an employee at will.
(f) In any action relating to the enforcement of any right or obligation under this Code section, an employer, property owner, or property owner’s agent’s efforts to comply with other applicable federal, state, or local safety laws, regulations, guidelines, or ordinances shall be a complete defense to any employer, property owner, or property owner’s agent’s liability.
(g) In any action brought against an employer, employer’s agent, property owner, or property owner’s agent relating to the criminal use of firearms in the workplace, the plaintiff shall be liable for all legal costs of such employer, employer’s agent, property owner, or property owner’s agent if such action is concluded in such employer, employer’s agent, property owner, or property owner’s agent’s favor.
(h) This Code section shall not be construed so as to require an employer, property owner, or property owner’s agent to implement any additional security measures for the protection of employees, customers, or other persons. Implementation of remedial security measures to provide protection to employees, customers, or other persons shall not be admissible in evidence to show prior negligence or breach of duty of an employer, property owner, or property owner’s agent in any action against such employer, its officers or shareholders, or property owners.
(i) All actions brought based upon a violation of subsection (a) of this Code section shall be brought exclusively by the Attorney General.
(j) In the event that subsection (e) of this Code section is declared or adjudged by any court to be invalid or unconstitutional for any reason, the remaining portions of this Code section shall be invalid and of no further force or effect. The General Assembly declares that it would not have enacted the remaining provisions of this Code section if it had known that such portion hereof would be declared or adjudged invalid or unconstitutional.
(k) Nothing in this Code section shall restrict the rights of private property owners or persons in legal control of property through a lease, a rental agreement, a contract, or any other agreement to control access to such property. When a private property owner or person in legal control of property through a lease, a rental agreement, a contract, or any other agreement is also an employer, his or her rights as a private property owner or person in legal control of property shall govern.
Carry Restrictions for State, National and other Public Lands
Carry is allowed in State Parks (O.C.G.A. § 16-11-127), National Forests and State Forests (O.C.G.A. § 16-11-127), State WMAs (O.C.G.A. § 16-11-127) as well as road side rest areas (O.C.G.A. § 16-11-127).
Traveling in a Vehicle with a Firearm without a Georgia Permit
§ 16-11-126. Possession and Carrying a Concealed Weapon; Penalty for Violating Licensing Requirement
(a) Any person who is not prohibited by law from possessing a handgun or long gun may have or carry on his or her person a weapon or long gun on his or her property or inside his or her home, motor vehicle, or place of business without a valid weapons carry license.
(b) Any person who is not prohibited by law from possessing a handgun or long gun may have or carry on his or her person a long gun without a valid weapons carry license, provided that if the long gun is loaded, it shall only be carried in an open and fully exposed manner.
(c) Any person who is not prohibited by law from possessing a handgun or long gun may have or carry any handgun provided that it is enclosed in a case and unloaded.
(d) Any person who is not prohibited by law from possessing a handgun or long gun who is eligible for a weapons carry license may transport a handgun or long gun in any private passenger motor vehicle; provided, however, that private property owners or persons in legal control of property through a lease, rental agreement, licensing agreement, contract, or any other agreement to control access to such property shall have the right to forbid possession of a weapon or long gun on their property, except as provided in Code Section 16-11-135. No Permit License Is needed to carry the firearm inside your Motor Vehicle either openly or concealed.
Note – There are specific requirements regarding when you are permitted to carry in your own vehicle or riding in a vehicle that is not your own so make sure to check the specific requirements.
Open Carry Laws for Georgia
It is legal to carry openly within the State of Georgia but a valid permit is required and you cannot carry in places that are off limits. Refer to the specific requirements for the area where you will be traveling to ensure you are in compliance with the local laws.
Carry Law Preemptions for Georgia
(a)(1) It is declared by the General Assembly that the regulation of firearms and other weapons is properly an issue of general, state-wide concern.
(2) The General Assembly further declares that the lawful design, marketing, manufacture, and sale of firearms and ammunition and other weapons to the public is not unreasonably dangerous activity and does not constitute a nuisance per se.
(b)(1) Except as provided in subsection (c) of this Code section, no county or municipal corporation, by zoning or by ordinance or resolution or by any other means, nor any agency, board, department, commission, or authority of this state, other than the General Assembly, by rule or regulation political subdivision, school district, shall regulate in any manner: (A) Gun shows; (B) The possession, ownership, transport, carrying, transfer, sale, purchase, licensing, or registration of firearms or other weapons or components of firearms or other weapons; (C) Firearms dealers or dealers of other weapons or (D) Dealers in components of firearms or other weapons.
(2) The authority to bring suit and right to recover against any weapons, 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 weapons, 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 weapon, firearms or ammunition manufacturer or dealer for breach of contract or express warranty as to weapons, firearms or ammunition purchased by the political subdivision or local government authority.
(c) (1) A county or municipal corporation may regulate the transport, carrying, or possession of firearms by employees of the local unit of government or by unpaid volunteers of such local unit of government, in the course of their employment or volunteer functions with such local unit of government provided, however, that the sheriff or chief of police shall be solely responsible for regulating and determining the possession, carrying, and transportation of firearms and other weapons by employees under his or her respective supervision so long as such regulations comport with state and federal law.
(2) The commanding officer of any law enforcement agency shall regulate and determine the possession, carrying, and transportation of firearms and other weapons by employees under his or her supervision so long as such regulations comport with state and federal law.
(3) The district attorney, and the solicitor-general in counties where there is a state court, shall regulate and determine the possession, carrying, and transportation of firearms and other weapons by county employees under his or her supervision so long as such regulations comport with state and federal law.
(d) Nothing contained in this Code section shall prohibit municipalities or counties by ordinance or resolution, from requiring the ownership of guns by heads of households within the political subdivision.
(e) Nothing contained in this Code section shall prohibit municipalities or counties, by ordinance, resolution, from reasonably limiting or prohibiting the discharge of firearms within the boundaries of the municipal corporation or county.
(f) As used in this Code section, the term ‘weapon’ means any device designed or intended to be used, or capable of being used, for offense or defense, including but not limited to firearms, bladed www.handgunlaw.us 13 devices, clubs, electric stun devices, and defense sprays.
(g) Any person aggrieved as a result of a violation of this Code section may bring an action against the person who caused such aggrievement. The aggrieved person shall be entitled to reasonable attorney’s fees and expenses of litigation and may recover or obtain against the person who caused such damages any of the following: (1) Actual damages or $100.00, whichever is greater; (2) Equitable relief, including, but not limited to, an injunction or restitution of money and property; and (3) Any other relief which the court deems proper.”
Georgia Laws for Use of Deadly Force
Title 16 ‘Criminal Code of Georgia.’ Chapter 16 Sections:
16-3-21 Force Against Another
16-3-22 Assisting Law Enforcement
16-3-23 Threatening or Using Force
16-3-24 Property, Duty to Retreat
16-3-27 Benefit of Clergy
16-3-28 Affirmative Defense
16-12-129 Defense of Self or Others
51-11-9 Immunity from Civil Liability for Threat or Use of Force in Defense of Habitation
Laws for Carrying Where Alcohol is Served
Yes, it is permitted to carry where alcohol is served unless expressly prohibited by signage within the restaurant.
Electric Weapons, Defensive Sprays and High Capacity Laws
Stun Devices/Electric Weapons:
16-11-127.1 (a)(2) Illegal to carry on any real property owned by or leased to any public or private elementary school, secondary school, or school board and used for elementary or secondary education and in, on, or within 1,000 feet of the campus of any public or private technical school, vocational school, college, university, or institution of postsecondary education.
Georgia LEOSA Information
No specific LEOSA information was available for LEOSA.
Relevant Court Cases and Opinions
There are a multitude of cases that impact carrying laws within the state so it is important to check the specifics when you have decided to carry.
Additional Information and Airport Requirements
It is permitted to carry in both the parking lot and the terminal per 16-11-130.2
Training is valid for no set period of time.
There is no specific time to establish residency but it is assumed that this is upon obtaining a driver’s license or state ID.
The minimum age for obtaining a license is 18 years of age if you were in the military or 21 otherwise.
Permit information is not public information per 50-18-72.
Reciprocity laws are described in other states per O.C.G.A. § 16-11-126.
Firearms laws for the state are defined in statutes 16-11-100 to 16-11-134.
Deadly force laws are included in 16-3-20 to 16-3-28.
Knife laws are defined in 16-11-126 & 16-11-127.1.
Chemical weapons laws are defined in 16-11-106.
Body armor laws in 16-11-160.
Permits cover both firearms and other weapons. 16-11-125.1 & 16-11-129
It is permitted to carry while hunting for self-defense. O.C.G.A. § 27-3-1.1 & 27-3-6
What Does GA Consider A Loaded Firearm?
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
§ 16-11-132. Possession of handgun by person under the age of 18 years (a) For the purposes of this Code section, a handgun is considered loaded if there is a cartridge in the chamber or cylinder of the handgun.
State Emergency Powers
O.C.G.A. § 38-3-51 Emergency Powers of Governor; Termination of Emergency; Limitations In Energy Emergency; Immunity (Edited for Space Considerations)
(a) In the event of actual or impending emergency or disaster of natural or human origin, or pandemic influenza emergency, or impending or actual enemy attack, or a public health emergency, within or affecting this state or against the United States, the Governor may declare that a state of emergency or disaster exists. As a condition precedent to declaring that a state of emergency or disaster exists as a result of a public health emergency, the Governor shall issue a call for a special session of the General Assembly pursuant to Article V, Section II, Paragraph VII of the Constitution of Georgia, which session shall convene at 8:00 A.M. on the second day following the date of such declaration for the purpose of concurring with or terminating the public health emergency. The state of emergency or disaster shall continue until the Governor finds that the threat or danger has passed or the emergency or disaster has been dealt with, to the extent that emergency or disaster conditions no longer exist, and terminates the state of emergency or disaster. No state of emergency or disaster may continue for longer than 30 days unless renewed by the Governor. The General Assembly by concurrent resolution may terminate a state of emergency or disaster at any time. Thereupon, the Governor shall by appropriate action end the state of emergency or disaster.
(c) The Governor shall have and may exercise for such period as the state of emergency or disaster exists or continues the following additional emergency powers:
(d) In addition to any other emergency powers conferred upon the Governor by law, he may: (5) Direct and compel the evacuation of all or part of the population from any stricken or threatened area within the state if he deems this action necessary for the preservation of life or other disaster mitigation, response, or recovery; (6) Prescribe routes, modes of transportation, and destinations in connection with evacuation; www.handgunlaw.us 16 (7) Control ingress and egress to and from a disaster area, the movement of persons within the area, and the occupancy of premises therein; (8) Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, explosives, or combustibles; provided, however, that for purposes of this paragraph, the terms ‘explosives’ and ‘combustibles’ shall not include firearms or ammunition or any component thereof; and
38-3-37. Emergency Management
(a) As used in this Code section, the term: (1) ‘Firearm’ means any handgun, rifle, shotgun, or similar device or weapon which will or can be converted to expel a projectile by the action of an explosive or electrical charge. (2) ‘License holder’ shall have the same meaning as set forth in Code Section 16-11-125.1. (3) ‘Weapon’ shall have the same meaning as set forth in Code Section 16-11-125.1.
(b) No official or employee of the state or any political subdivision thereof, member of the National Guard in the service of the state, or any person operating pursuant to or under color of state law, while acting during or pursuant to a declared state of emergency, shall: (1) Temporarily or permanently seize, or authorize the seizure of, any firearm or ammunition or any component thereof the possession of which was not prohibited by law at the time immediately prior to the declaration of a state of emergency, other than as provided by the criminal or forfeiture laws of this state; (2) Prohibit possession of any firearm or ammunition or any component thereof or promulgate any rule, regulation, or order prohibiting possession of any firearm or ammunition or any component thereof if such possession was not otherwise prohibited by law at the time immediately prior to the declaration of a state of emergency; (3) Prohibit any license holder from carrying any weapon or promulgate any rule regulation, or order prohibiting such carrying if such carrying was not otherwise prohibited by law at the time immediately prior to the declaration of a state of emergency; or (4) Require the registration of any firearm.”
Note – different laws may apply when the state is receiving federal funds per US Code 42-5207.
6/15/15 – Initial page created.