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Gun Laws In Plain English Attorney General UnOfficial Opinions Georgia Firearm Caselaw Weapons Related Georgia Code

   

Code Sections

  Table of Contents
  1-2-6
  8-3-202
  10-1-100
  10-1-101
  12-3-9
  12-3-10
  12-3-10.1
  12-3-11
  15-9-60
  15-11-601
  16-1-3
  16-1-10
  16-3-1
  16-3-21
  16-3-22
  16-3-23
  16-3-23.1
  16-3-24
  16-3-24.1
  16-3-24.2
  16-11-34.1
  16-11-101
  16-11-101.1
  16-11-102
  16-11-103
  16-11-104
  16-11-105
  16-11-106
  16-11-108
  16-11-109
  16-11-113
  16-11-120
  16-11-121
  16-11-122
  16-11-123
  16-11-124
  16-11-125
  16-11-125.1
  16-11-126
  16-11-127
  16-11-127.1
  16-11-127.2
  16-11-128
  16-11-129
  16-11-130
  16-11-130.1
  16-11-130.2
  16-11-131
  16-11-132
  16-11-133
  16-11-134
  16-11-135
  16-11-136
  16-11-137
  16-11-138
  16-11-150
  16-11-151
  16-11-152
  16-11-160
  16-11-161
  16-11-162
  16-11-171
  16-11-172
  16-11-173
  16-12-122
  16-12-123
  16-12-127
  16-12-128
  16-12-129
  16-13-21
  16-13-25
  16-13-26
  16-13-27
  16-13-27.1
  16-13-28
  16-13-29
  17-5-50
  17-5-51
  17-5-52
  17-5-52.1
  17-5-53
  17-10-3
  21-2-413
  27-1-36
  27-1-38
  27-3-1.1
  27-3-6
  27-3-7
  27-4-11.1
  33-24-30.1
  35-3-34
  38-2-194
  38-2-277
  38-2-301
  38-3-37
  38-3-51
  41-1-9
  42-4-13
  42-5-15
  43-38-10
  50-18-70
  50-18-71
  50-18-72
  50-18-73
  50-18-74
  51-11-9

Weapons Related Georgia Code

Found In LexisNexis by searching for "16-11-126" or in the TOC under:
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

The code sections are all Copyright © 2014 by The State of Georgia


O.C.G.A. § 16-11-126
Having or carrying handguns, long guns, or other weapons; license requirement; exceptions for homes, motor vehicles, private property, and other locations and conditions

(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 private property through a lease, rental agreement, licensing agreement, contract, or any other agreement to control access to such private 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.

(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.

(f) Any person with a valid hunting or fishing license on his or her person, or any person not required by law to have a hunting or fishing license, who is engaged in legal hunting, fishing, or sport shooting when the person has the permission of the owner of the land on which the activities are being conducted may have or carry on his or her person a handgun or long gun without a valid weapons carry license while hunting, fishing, or engaging in sport shooting.

(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.

(h) (1) No person shall carry a weapon without a valid weapons carry license unless he or she meets one of the exceptions to having such license as provided in subsections (a) through (g) of this Code section.

   (2) A person commits the offense of carrying a weapon without a license when he or she violates the provisions of paragraph (1) of this subsection.

(i) Upon conviction of the offense of carrying a weapon without a valid weapons carry license, a person shall be punished as follows:

   (1) For the first offense, he or she shall be guilty of a misdemeanor; and

   (2) For the second offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, and for any subsequent offense, he or she shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than two years and not more than five years.


HISTORY: Laws 1837, Cobb's 1851 Digest, pp. 848, 849; Ga. L. 1851-52, p. 269, §§ 1-3; Code 1863, § 4413; Ga. L. 1865-66, p. 233, §§ 1, 2; Code 1868, § 4454; Code 1873, § 4527; Ga. L. 1882-83, p. 48, § 1; Code 1882, § 4527; Ga. L. 1898, p. 60, § 1; Penal Code 1895, § 341; Penal Code 1910, § 347; Code 1933, § 26-5101; Code 1933, § 26-2901, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1976, p. 1430, § 1; Ga. L. 1982, p. 3, § 16; Ga. L. 1992, p. 6, § 16; Ga. L. 1996, p. 108, § 1; Ga. L. 1998, p. 1153, § 1; Ga. L. 2000, p. 1630, § 3; Ga. L. 2007, p. 47, § 16/SB 103; Ga. L. 2008, p. 533, § 3/SB 366; Ga. L. 2008, p. 1199, § 3/HB 89; Ga. L. 2009, p. 8, § 16/SB 46; Ga. L. 2010, p. 963, § 1-2/SB 308; Ga. L. 2014, p. 599, § 1-4/HB 60.

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