(a.1)
Gun safety information.
for at least five years immediately preceding the date of the application;
The judge shall issue an order of his or her decision no later than 30 days after the hearing.
(b.1)
Petitions for relief from certain licensing exceptions.
retired or left such employment in good standing with a state or federal certifying agency and receives benefits under the Peace Officers’ Annuity and Benefit Fund provided for under Chapter 17 of Title 47 or from a county, municipal, State of Georgia, state authority, federal, private sector, individual, or educational institution retirement system or program shall be entitled to be issued a weapons carry license as provided for in this Code section without the payment of any of the fees provided for in this Code section.
(J) Except as provided for in subsection (b.1) of this Code section, any person who has been hospitalized as an inpatient in any mental hospital or alcohol or drug treatment center within the five years immediately preceding the application. The judge of the probate court may require any applicant to sign a waiver authorizing any mental hospital or treatment center to inform the judge whether or not the applicant has been an inpatient in any such facility in the last five years and authorizing the superintendent of such facility to make to the judge a recommendation regarding whether the applicant is a threat to the safety of others and whether a license to carry a weapon should be issued. When such a waiver is required by the judge, the applicant shall pay a fee of $3.00 for reimbursement of the cost of making such a report by the mental health hospital, alcohol or drug treatment center, or the Department of Behavioral Health and Developmental Disabilities, which the judge shall remit to the hospital, center, or department. The judge shall keep any such hospitalization or treatment information confidential. It shall be at the discretion of the judge, considering the circumstances surrounding the hospitalization and the recommendation of the superintendent of the hospital or treatment center where the individual was a patient, to issue the weapons carry license or renewal license;
(K) Except as provided for in subsection (b.1) of this Code section, any person who has been adjudicated mentally incompetent to stand trial; or
(L) Except as provided for in subsection (b.1) of this Code section, any person who has been adjudicated not guilty by reason of insanity at the time of the crime pursuant to Part 2 of Article 6 of Chapter 7 of Title 17.
(A) The circumstances which caused the person to be subject to subparagraph (b)(2)(J), (b)(2)(K), or (b)(2)(L) of this Code section;
(B) The person’s mental health and criminal history records, if any. The judge of such court may require any such person to sign a waiver authorizing the superintendent of any mental hospital or treatment center to make to the judge a recommendation regarding whether such person is a threat to the safety of others. When such a waiver is required by the judge, the applicant shall pay a fee of $3.00 for reimbursement of the cost of making such a report by the mental health hospital, alcohol or drug treatment center, or the Department of Behavioral Health and Developmental Disabilities, which the judge shall remit to the hospital, center, or department;
(C) The person’s reputation which shall be established through character witness statements, testimony, or other character evidence; and
(D) Changes in the person’s condition or circumstances since such adjudication, hospitalization, or treatment proceedings under Chapter 3 or 7 of Title 37.
History. Ga. L. 1910, p. 134, §§ 2, 3; Code 1933, §§ 26-5104, 26-5105; Ga. L. 1960, p. 938, § 1; Code 1933, § 26-2904, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1976, p. 1430, § 4; Ga. L. 1978, p. 1607, §§ 1, 2; Ga. L. 1981, p. 946, § 1; Ga. L. 1981, p. 1325, § 1; Ga. L. 1983, p. 1431, § 1; Ga. L. 1984, p. 935, § 1; Ga. L. 1984, p. 1388, § 1; Ga. L. 1986, p. 305, § 1; Ga. L. 1986, p. 481, §§ 1, 2; Ga. L. 1990, p. 138, § 1; Ga. L. 1990, p. 2012, § 1; Ga. L. 1992, p. 6, § 16; Ga. L. 1994, p. 351, § 1; Ga. L. 1996, p. 108, §§ 3-5; Ga. L. 1997, p. 514, § 2; Ga. L. 2002, p. 1011, § 2; Ga. L. 2006, p. 264, § 1/HB 1032; Ga. L. 2008, p. 1199, § 6/HB 89; Ga. L. 2009, p. 453, § 3-2/HB 228; Ga. L. 2010, p. 963, § 1-7/SB 308; Ga. L. 2011, p. 752, § 16/HB 142; Ga. L. 2014, p. 599, § 1-7/HB 60; Ga. L. 2015, p. 805, § 6/HB 492; Ga. L. 2016, p. 864, § 16/HB 737; Ga. L. 2017, p. 509, § 1/SB 15; Ga. L. 2017, p. 555, § 6/HB 292; Ga. L. 2018, p. 1112, § 16/SB 365; Ga. L. 2019, p. 275, § 1/HB 33; Ga. L. 2019, p. 808, § 7/SB 72; Ga. L. 2022, p. 74, § 8/SB 319.
The 2016 amendment, effective May 3, 2016, part of an Act to revise, modernize, and correct the Code, substituted “subparagraph (B) of paragraph (1) of this subsection” for “subparagraph (d)(1)(B) of this subsection” in the middle of paragraph (d)(2).
The 2017 amendments.
The first 2017 amendment, effective July 1, 2017, substituted the present provisions of subsection (h) for the former provisions, which read: “Except as otherwise provided in Code Section 16-11-130, any person who has served as a law enforcement officer for at least ten of the 12 years immediately preceding the retirement of such person as a law enforcement officer shall be entitled to be issued a weapons carry license as provided for in this Code section without the payment of any of the fees provided for in this Code section. Such person shall comply with all the other provisions of this Code section relative to the issuance of such licenses. As used in this subsection, the term ‘law enforcement officer’ means any peace officer who is employed by the United States government or by the State of Georgia or any political subdivision thereof and who is required by the terms of his or her employment, whether by election or appointment, to give his or her full time to the preservation of public order or the protection of life and property or the prevention of crime. Such term shall include conservation rangers.” The second 2017 amendment, effective May 8, 2017, added subsection (a.1); in paragraph (d)(4), substituted “20 days” for “30 days” near the middle of the first sentence, and added the last sentence; in paragraph (e)(2), substituted “otherwise adjudicated in a matter” for “involved in any matter” near the beginning of the first sentence; and added paragraph (e)(4).
The 2018 amendment, effective May 8, 2018, part of an Act to revise, modernize, and correct the Code, revised the designations in subsections (f) and (h).
The 2019 amendments.
The first 2019 amendment, effective July 1, 2019, rewrote subsection (a). The second 2019 amendment, effective July 1, 2019, substituted “game wardens” for “conservation rangers” at the end of the second sentence in paragraph (h)(3).
The 2022 amendment, effective April 12, 2022, deleted former subparagraph (a)(2)(B), which read: “Any service member whose weapons carry license or renewal license expired while such service member was serving on active duty outside this state shall be authorized to carry any weapon in accordance with such expired license for a period of six months from the date of his or her discharge from active duty or reassignment to a location within this state. When carrying a weapon pursuant to Code Section 16-11-137, the service member shall also have in his or her immediate possession a copy of the official military orders or a written verification signed by such service member’s commanding officer which shall evidence that such service member is authorized to carry any weapon in accordance with such expired license for a period of six months from the date of his or her discharge from active duty or reassignment to a location within this state.”; redesignated former subparagraphs (a)(3)(A) and (a)(3)(B) as present subparagraphs (a)(2)(B) and (a)(2)(C), respectively; and rewrote subparagraph (b)(2)(H), which read: “Any person who has been convicted of any of the following:
“(i) Carrying a weapon without a weapons carry license in violation of Code Section 16-11-126; or
“(ii) Carrying a weapon or long gun in an unauthorized location in violation of Code Section 16-11-127
“and has not been free of all restraint or supervision in connection therewith and free of any other conviction for at least five years immediately preceding the date of the application;”.
Cross references.
Bail recovery agents, § 17-6-56 et seq.
Exemption from section for private detectives and private security agents who hold firearms permits issued by Georgia Board of Private Detective and Security Agencies, § 43-38-10 .
Inquiry regarding weapons carry license, Uniform Rules for the Superior Court of Georgia, Rule 48.
Editor’s notes.
For application of this statute in 2020 and 2021, see Executive Orders 05.08.20.01, 07.31.20.02, 09.15.20.01, 09.30.20.02, 10.30.20.02, 11.13.20.01, 11.30.20.02, 12.08.20.01, 12.30.20.02, 01.15.21.01, 01.29.21.02, 02.15.21.01, 02.26.21.02, 03.12.21.01, 03.31.21.03, 04.30.21.01, 05.28.21.02, 06.30.21.02, 07.22.21.02, 08.19.21.02, and 09.20.21.02.
A listing of Executive Orders issued in 2020 and 2021 can be found at https://gov.georgia.gov/executive-action/executive-orders.
Ga. L. 2008, p. 1199, § 1/HB 89, not codified by the General Assembly, provides that: “This Act shall be known and may be cited as the ‘Business Security and Employee Privacy Act.’ ”
Ga. L. 2010, p. 963, § 3-1/SB 308, not codified by the General Assembly, provides, in part, that the amendment of this Code section shall apply to all offenses committed on and after June 4, 2010, and shall not affect any prosecutions for acts occurring before June 4, 2010, and shall not act as an abatement of any such prosecution.
Ga. L. 2014, p. 599, § 1-1/HB 60, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Safe Carry Protection Act.’ ”
Ga. L. 2015, p. 805, § 6/HB 492, which amended this Code section, purported to amend subparagraph (b)(2)(A) but no changes were made, and also purported to amend paragraph (d)(1) but actually amended both paragraphs (d)(1) and (d)(2).
Ga. L. 2017, p. 555, § 1/HB 292, not codified by the General Assembly, provides that: “The General Assembly finds that:
“(1) The ownership of firearms is a clear and explicit right protected by the United States Constitution and the Constitution of this state;
“(2) Access to financial services provides for the functioning of a firearms industry and, thus, the constitutionally protected right of firearm ownership; and
“(3) The provisions of this Act are intended to implement the constitutional protections provided for under the law.”
Ga. L. 2022, p. 74, § 1/SB 319, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Chairman John Meadows Act.’”
Ga. L. 2022, p. 74, § 2/SB 319, not codified by the General Assembly, provides: “The General Assembly finds and determines that:
“(1) The Second Amendment to the United States Constitution recognizes the right of the people to keep and bear arms and that such right shall not be infringed; and
“(2) The people of this state, to perpetuate the principles of free government, insure justice to all, preserve peace, promote the interest and happiness of the citizen and of the family, and transmit to posterity the enjoyment of liberty, provided that the right of the people to keep and bear arms shall not be infringed but that the General Assembly shall have power to prescribe the manner in which arms may be borne.”
Law reviews.
For article recommending more consistency in age requirements of laws pertaining to the welfare of minors, see 6 Ga. St. B.J. 189 (1969).
For article, “Crimes and Offenses,” see 27 Ga. St. U.L. Rev. 131 (2011).
For annual survey on wills, trusts, guardianships, and fiduciary administration, see 65 Mercer L. Rev. 295 (2013).
For article on the 2014 amendment of this Code section, see 31 Ga. St. U. L. Rev. 47 (2014).
For annual survey on criminal law, see 68 Mercer L. Rev. 93 (2016).
For note on the 1994 amendment of this Code section, see 11 Ga. St. U.L. Rev. 124 (1994).
For review of 1996 offenses against public order and safety legislation, see 13 Ga. St. U.L. Rev. 123 (1996).
For comment on Johnson v. Wright, 509 F.2d 828 (5th Cir. 1975), see 27 Mercer L. Rev. 1207 (1976).
Structure Georgia Code
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
§ 16-11-127. Carrying Weapons or Long Guns in Unauthorized Locations
§ 16-11-127.2. Weapons on Premises of Nuclear Power Facility
§ 16-11-130. Exemptions From Code Sections 16-11-126 Through 16-11-127.2
§ 16-11-130.2. Carrying a Weapon or Long Gun at a Commercial Service Airport
§ 16-11-131. Possession of Firearms by Convicted Felons and First Offender Probationers
§ 16-11-132. Possession of Handgun by Person Under the Age of 18 Years
§ 16-11-133. Minimum Periods of Confinement for Persons Convicted Who Have Prior Convictions
§ 16-11-134. Discharging Firearm While Under the Influence of Alcohol or Drugs
§ 16-11-136. Restrictions on Possession, Manufacture, Sale, or Transfer of Knives
§ 16-11-137. Detention for Investigation of License to Carry Prohibited