Georgia Flag GeorgiaPacking.org

Keeping You Informed about Georgia Gun Laws
GeorgiaPacking.org Logo
Home Current Bills Gun Laws Firearm License Forum Gun Links
Donate to GPDO!

  Georgia Gun Laws  

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 "16-11-130" 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 2012 by The State of Georgia


O.C.G.A. 16-11-130
Exemptions from Code Sections 16-11-126 through 16-11-127.2

(a) Code Sections 16-11-126 through 16-11-127.2 shall not apply to or affect any of the following persons if such persons are employed in the offices listed below or when authorized by federal or state law, regulations, or order:

   (1) Peace officers, as such term is defined in paragraph (11) of Code Section 16-1-3, and retired peace officers so long as they remain certified whether employed by the state or a political subdivision of the state or another state or a political subdivision of another state but only if such other state provides a similar privilege for the peace officers of this state;

   (2) Wardens, superintendents, and keepers of correctional institutions, jails, or other institutions for the detention of persons accused or convicted of an offense;

   (3) Persons in the military service of the state or of the United States;

   (4) Persons employed in fulfilling defense contracts with the government of the United States or agencies thereof when possession of the weapon or long gun is necessary for manufacture, transport, installation, and testing under the requirements of such contract;

   (5) District attorneys, investigators employed by and assigned to a district attorney's office, assistant district attorneys, attorneys or investigators employed by the Prosecuting Attorneys' Council of the State of Georgia, and any retired district attorney, assistant district attorney, district attorney's investigator, or attorney or investigator retired from the Prosecuting Attorneys' Council of the State of Georgia, if such employee is retired in good standing and is receiving benefits under Title 47 or is retired in good standing and receiving benefits from a county or municipal retirement system;

   (6) State court solicitors-general; investigators employed by and assigned to a state court solicitor-general's office; assistant state court solicitors-general; the corresponding personnel of any city court expressly continued in existence as a city court pursuant to Article VI, Section X, Paragraph I, subparagraph (5) of the Constitution; and the corresponding personnel of any civil court expressly continued as a civil court pursuant to said provision of the Constitution;

   (7) Those employees of the State Board of Pardons and Paroles when specifically designated and authorized in writing by the members of the State Board of Pardons and Paroles to carry a weapon or long gun;

   (8) The Attorney General and those members of his or her staff whom he or she specifically authorizes in writing to carry a weapon or long gun;

   (9) Chief probation officers, probation officers, intensive probation officers, and surveillance officers employed by and under the authority of the Department of Corrections pursuant to Article 2 of Chapter 8 of Title 42, known as the "State-wide Probation Act," when specifically designated and authorized in writing by the director of Division of Probation;

   (10) Public safety directors of municipal corporations;

   (11) Explosive ordnance disposal technicians, as such term is defined by Code Section 16-7-80, and persons certified as provided in Code Section 35-8-13 to handle animals trained to detect explosives, while in the performance of their duties;

   (12) 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;

   (12.1) 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;

   (12.2) 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;

   (13) United States Attorneys and Assistant United States Attorneys;

   (14) County medical examiners and coroners and their sworn officers employed by county government;

   (15) Clerks of the superior courts; and

   (16) Constables employed by a magistrate court of this state.

(b) Code Sections 16-11-126 through 16-11-127.2 shall not apply to or affect persons who at the time of their retirement from service with the Department of Corrections were chief probation officers, probation officers, intensive probation officers, or surveillance officers, when specifically designated and authorized in writing by the director of the Division of Probation.

(c) Code Sections 16-11-126 through 16-11-127.2 shall not apply to or affect any:

   (1) Sheriff, retired sheriff, deputy sheriff, or retired deputy sheriff if such retired sheriff or deputy sheriff is eligible to receive or is receiving benefits under the Peace Officers' Annuity and Benefit Fund provided under Chapter 17 of Title 47, the Sheriffs' Retirement Fund of Georgia provided under Chapter 16 of Title 47, or any other public retirement system established under the laws of this state for service as a law enforcement officer;

   (2) Member of the Georgia State Patrol or agent of the Georgia Bureau of Investigation or retired member of the Georgia State Patrol or agent of the Georgia Bureau of Investigation if such retired member or agent is receiving benefits under the Employees' Retirement System;

   (3) Full-time law enforcement chief executive engaging in the management of a county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university law enforcement chief executive that is registered or certified by the Georgia Peace Officer Standards and Training Council; or retired law enforcement chief executive that formerly managed a county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university law enforcement chief executive that was registered or certified at the time of his or her retirement by the Georgia Peace Officer Standards and Training Council, if such retired law enforcement chief executive is receiving benefits under the Peace Officers' Annuity and Benefit Fund provided under Chapter 17 of Title 47 or is retired in good standing and receiving benefits from a county, municipal, State of Georgia, state authority, or federal retirement system; or

   (4) Police officer of any county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university police officer that is registered or certified by the Georgia Peace Officer Standards and Training Council, or retired police officer of any county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university police officer that was registered or certified at the time of his or her retirement by the Georgia Peace Officer Standards and Training Council, if such retired employee is receiving benefits under the Peace Officers' Annuity and Benefit Fund provided under Chapter 17 of Title 47 or is retired in good standing and receiving benefits from a county, municipal, State of Georgia, state authority, or federal retirement system.

In addition, any such sheriff, retired sheriff, deputy sheriff, retired deputy sheriff, active or retired law enforcement chief executive, or other law enforcement officer referred to in this subsection shall be authorized to carry a handgun on or off duty anywhere within the state and the provisions of Code Sections 16-11-126 through 16-11-127.2 shall not apply to the carrying of such firearms.

(d) A prosecution based upon a violation of Code Section 16-11-126 or 16-11-127 need not negative any exemptions.


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.

GeorgiaPacking Notes: None

[ Home ]  [ Current Bills ]  [ Gun Laws ]  [ Firearm License ]  [ Forum ]  [ Gun Links ]

Second Amendment Foundation
Be sure to visit Georgia's Most Active Gun Rights Organization
GeorgiaCarry.org
Join GCO

Copyright © 2006-2013 by GeorgiaPacking.org. All rights reserved.
Email Me