Georgia Code
Part 3 - Carrying and Possession of Firearms
§ 16-11-130. Exemptions From Code Sections 16-11-126 Through 16-11-127.2

In addition, any such sheriff, retired sheriff, deputy sheriff, retired deputy sheriff, member or retired member of the Georgia State Patrol, agent or retired agent of the Georgia Bureau of Investigation, officer or retired officer of the Department of Natural Resources, active or retired law enforcement chief executive, person who is a retired law enforcement officer as provided for in paragraph (2) of this subsection, or other law enforcement officer referred to in this subsection shall be authorized to carry a handgun on or off duty anywhere within this state, including, but not limited to, in a courthouse except to the extent provided for in subsection (c.1) of this Code section, and Code Sections 16-11-126 through 16-11-127.2 shall not apply to the carrying of such firearms.
(c.1) (1) As used in the subsection, the term:
(12.1) Former federal judges, Justices of the Supreme Court, Judges of the Court of Appeals, judges of superior, state, probate, juvenile, and magistrate courts, full-time judges of municipal and city courts, permanent part-time judges of municipal courts, and administrative law judges who are retired from their respective offices, provided that such judge or Justice would otherwise be qualified to be issued a weapons carry license;
(12.2) Former federal judges, Justices of the Supreme Court, Judges of the Court of Appeals, judges of superior, state, probate, juvenile, and magistrate courts, full-time judges of municipal and city courts, permanent part-time judges of municipal courts, and administrative law judges who are no longer serving in their respective office, provided that he or she served as such judge or Justice for more than 24 months; and provided, further, that such judge or Justice would otherwise be qualified to be issued a weapons carry license;
(A) “Active” means nonretired.
(B) “Courthouse” means a building or annex occupied by judicial courts and containing rooms in which judicial proceedings are held.
(C) “Law enforcement agency” means sheriffs or any unit, organ, or department of this state, or a subdivision or municipality thereof, whose functions by law include the enforcement of criminal or traffic laws; the preservation of public order; the protection of life and property; the prevention, detection, or investigation of crime; or court security that is providing security for a courthouse.
(D) “Law enforcement personnel” means sheriffs or deputy sheriffs or peace officers employed by a law enforcement agency.
(2) (A) Pursuant to a security plan implemented by law enforcement personnel, including as provided for under a comprehensive plan as provided for in subsection (a) of Code Section 15-16-10, the law enforcement agency with jurisdiction over a courthouse may provide for facilities or the means for the holding of weapons carried by persons enumerated under this Code section, except as provided for in paragraph (3) of this subsection, provided that ingress to such courthouse is actively restricted or screened by law enforcement personnel and such facilities or means are located in the immediate proximity of the area which is restricted or screened by such law enforcement personnel.
(B) If the requirements of this paragraph are met, the persons enumerated under this Code section shall, except as provided for in paragraph (3) of this subsection, upon request of law enforcement personnel place his or her weapons in such holding with law enforcement personnel while such persons are within the restricted or screened area. Upon request of any person enumerated under this Code section, in preparation for his or her exit from the restricted or screened area, law enforcement personnel shall immediately provide for the return of the person’s weapons which are in holding.
History. Code 1933, § 26-2907, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1974, p. 481, § 1; Ga. L. 1979, p. 1019, § 1; Ga. L. 1982, p. 3, § 16; Ga. L. 1982, p. 789, § 2; Ga. L. 1984, p. 22, § 16; Ga. L. 1985, p. 283, § 1; Ga. L. 1986, p. 1205, § 2; Ga. L. 1988, p. 472, § 1; Ga. L. 1990, p. 558, § 1; Ga. L. 1991, p. 94, § 16; Ga. L. 1993, p. 604, § 1; Ga. L. 1994, p. 547, § 2; Ga. L. 1996, p. 416, § 6; Ga. L. 1996, p. 748, § 12; Ga. L. 1997, p. 514, § 3; Ga. L. 1998, p. 657, §§ 1-3; Ga. L. 2000, p. 843, §§ 1, 2; Ga. L. 2003, p. 140, § 16; Ga. L. 2006, p. 531, § 1/HB 1044; Ga. L. 2008, p. 577, § 16/SB 396; Ga. L. 2010, p. 963, § 2-7/SB 308; Ga. L. 2011, p. 508, § 1/HB 266; Ga. L. 2014, p. 599, § 1-8/HB 60; Ga. L. 2015, p. 422, § 5-28/HB 310; Ga. L. 2016, p. 263, § 1/SB 332; Ga. L. 2017, p. 24, § 1/SB 18; Ga. L. 2017, p. 555, § 7/HB 292; Ga. L. 2022, p. 74, § 9/SB 319.
The 2016 amendment, effective July 1, 2016, substituted the present provisions of paragraph (a)(12) for the former provisions, which read: “State and federal judges, judges of probate, juvenile, and magistrate courts, full-time judges of municipal and city courts, and permanent part-time judges of municipal and city courts.”; substituted the present provisions of paragraph (a)(12.1) for the former provisions, which read: “Former state and federal judges, judges of probate, juvenile, and magistrate courts, full-time judges of municipal and city courts, and permanent part-time judges of municipal courts who are retired from their respective offices, provided that such judge would otherwise be qualified to be issued a weapons carry license;”; and substituted the present provisions of paragraph (a)(12.2) for the former provisions, which read: “Former state and federal judges, judges of probate, juvenile, and magistrate courts, full-time judges of municipal and city courts, and permanent part-time judges of municipal courts who are no longer serving in their respective office, provided that he or she served as such judge for more than 24 months; and provided, further, that such judge would otherwise be qualified to be issued a weapons carry license;”.
The 2017 amendments.
The first 2017 amendment, effective July 1, 2017, in paragraph (c)(2), substituted “Patrol, agent of the Georgia Bureau of Investigation,” for “Patrol or agent of the Georgia Bureau of Investigation or”, inserted a comma following “Georgia State Patrol”, and inserted “retired” preceding “agent”; substituted “who” for “that” throughout paragraphs (c)(3) and (c)(4); deleted “or” at the end of paragraph (c)(3); in paragraph (c)(4), substituted “such retired police officer” for “such retired employee” in the middle, and added “; or” at the end; added paragraph (c)(5); and in the ending undesignated text of subsection (c), inserted the language beginning “member of the Georgia State Patrol,” and ending with “Georgia Bureau of Investigation,” near the middle, inserted “person who is a retired law enforcement officer as provided for in paragraph (5) of this subsection,” in the middle, and substituted “this state” for “the state” near the end. The second 2017 amendment, effective May 8, 2017, in subsections (a) and (b), added “Except to the extent provided for in subsection (c.1) of this Code section,” at the beginning; rewrote subsection (c); and added subsection (c.1).
The 2022 amendment, effective April 12, 2022, substituted “Code Section 35-8-25” for “Code Section 35-8-13” in paragraph (a)(11).
Cross references.
State-wide Probation Act, T. 42, C. 8, A. 2.
Exemptions for private detectives and private security agents who hold firearms permits issued by Georgia Board of Private Detective and Security Agencies, § 43-38-10 .
Power of employees of Department of Juvenile Justice designated to investigate and apprehend escaping delinquent and unruly children to carry weapons, § 49-4A-8 .
Code Commission notes.
Pursuant to Code Section 28-9-5, in 1996, the redesignation of paragraph (5.1) as paragraph (6) by Ga. L. 1996, p. 416, § 6 was not given effect; and paragraph (5.1), as amended by Ga. L. 1996, p. 748, § 12 was redesignated as paragraph (6) and, a semicolon was substituted for a period at the end of paragraph (a)(11).
Pursuant to Code Section 28-9-5, in 2017, the amendment of subsection (c) of this Code section by Ga. L. 2017, p. 24, § 1/SB 18, was treated as impliedly repealed and superseded by Ga. L. 2017, p. 555, § 7/HB 292, due to irreconcilable conflict.
Editor’s notes.
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. 422, § 6-1/HB 310, not codified by the General Assembly, provides, in part, that this Act shall apply to sentences entered on or after July 1, 2015.
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. 2017, p. 24, § 1/SB 18, which amended this Code section, purported to amend subsection (c) but actually amended paragraph (c)(1).
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 on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 231 (2015).