Weapons Related Georgia CodeFound 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 ฉ 2012 by The State of Georgia
O.C.G.A. ง 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
(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
(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.
(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
(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
(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
(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, ยงยง 1-3; Code 1863, ยง 4413; Ga. L. 1865-66, p. 233, ยงยง 1, 2; Code 1868, ยง 4454; Code 1873, ยง 4527; Ga. L. 1882-83, p. 48, ยง 1; Code 1882, ยง 4527; Ga. L. 1898, p. 60, ยง 1; Penal Code 1895, ยง 341; Penal Code 1910, ยง 347; Code 1933, ยง 26-5101; Code 1933, ยง 26-2901, enacted by Ga. L. 1968, p. 1249, ยง 1; Ga. L. 1976, p. 1430, ยง 1; Ga. L. 1982, p. 3, ยง 16; Ga. L. 1992, p. 6, ยง 16; Ga. L. 1996, p. 108, ยง 1; Ga. L. 1998, p. 1153, ยง 1; Ga. L. 2000, p. 1630, ยง 3; Ga. L. 2007, p. 47, ยง 16/SB 103; Ga. L. 2008, p. 533, ยง 3/SB 366; Ga. L. 2008, p. 1199, ยง 3/HB 89; Ga. L. 2009, p. 8, ยง 16/SB 46; Ga. L. 2010, p. 963, ยง 1-2/SB 308.