Weapons Related Georgia CodeFound In LexisNexis by searching for "43-38-10" or in the TOC under:|
Title 43 - PROFESSIONS AND BUSINESSES
Chapter 38 - OPERATORS OF PRIVATE DETECTIVE BUSINESSES AND PRIVATE SECURITY BUSINESSES
The code sections are all Copyright © 2012 by The State of Georgia
O.C.G.A. § 43-38-10
Permits to carry firearms; proficiency requirement; exemption from specified laws; denial, refusal to renew, and suspension of permits; effect of license suspension and restoration
(a) The board may grant a permit to carry a pistol, revolver, or other
firearm to any person who is at least 21 years of age and who is licensed or
registered in accordance with this chapter and who meets the qualifications and
training requirements set forth in this Code section and such other
qualifications and training requirements as the board by rule may establish. The
board shall have the authority to establish limits on type and caliber of such
weapons by rule. Application for such permit and for renewal thereof shall be
made on forms provided by the division director. No weapons permit issued under
this Code section shall be transferable to another individual.
(b) No permit under this Code section shall be issued or renewed until the
applicant has presented proof to the board that he is proficient in the use of
firearms. The board shall have the authority to require periodic recertification
of proficiency in the use of firearms and to refuse to renew a permit upon
failure to comply with such requirement. The applicant shall present proof to
the board that:
(1) He has demonstrated on the firearms range proficiency in the use of
firearms by meeting such minimum qualifications on pistol and shotgun (if so
armed) courses as the board may prescribe by rule; and
(2) He has received such other training and instruction in the use of
firearms as the board may require by rule.
(c) All licensees and registrants under this chapter shall be required to obtain
from the board a weapons permit under this Code section if a firearm is carried,
or is to be carried, by such licensee or registrant while at or en route
directly to and from his post or place of employment.
(d) Any licensee or registrant under this chapter meeting the qualifications and
training requirements set out in this Code section may be issued an exposed
weapons permit in accordance with this Code section and shall be authorized to
carry such firearm in an open and fully exposed manner. Such carrying of a
firearm shall be limited to the time the licensee or registrant is on duty or en
route directly to and from his post or place of employment. No stopover en route
to and from such post or place of employment is permitted under the terms of
this Code section.
(e) Licensees or registrants under this chapter may apply to the board for a
concealed weapons permit. Qualifications and training requirements for such
permits and restrictions on such permits shall be established by appropriate
rules of the board. The board shall, in its discretion, consider and approve
each application for a concealed weapons permit on an individual basis.
(f) An individual issued a permit in accordance with this Code section shall be
exempt from the following laws of this state:
(1) Code Section 16-11-126, relating to carrying a weapon;
(2) Code Section 16-11-127, relating to carrying a weapon or long gun in an
unauthorized location; and
(3) Code Section 16-11-129, relating to licenses to carry weapons generally.
(g) The board shall have the power to deny a weapons permit to any applicant who
fails to provide the information and supporting documentation required by this
Code section or to refuse to renew a permit upon failure to comply with such
weapons proficiency recertification requirements as the board may prescribe.
(h) The board shall have the authority to order the summary suspension of any
weapons permit issued under this Code section, pending proceedings for
revocation or other sanction, upon finding that the public health, safety, or
welfare imperatively requires such emergency action, which finding shall be
incorporated in its order.
(i) The board shall have the same power and authority to deny and sanction
weapons permits under this Code section as that enumerated in Code Section
43-38-11, based on the same grounds as those enumerated in that Code section.
(j) A weapons permit issued under this Code section to any person whose license
is suspended pursuant to subsection (f) of Code Section 43-38-6 or whose
registration is suspended pursuant to subsection (g) of Code Section 43-38-7
shall be suspended at the same time as the suspension of the license or
registration without a prior hearing as required in Code Section 43-38-11. A
weapons permit shall be restored to a person upon the restoration of the
person's license or registration.
HISTORY: Ga. L. 1973, p. 40, § 12; Ga. L. 1981, p. 1828, § 10; Ga. L. 1982, p. 3, § 43; Ga. L. 1987, p. 1400, § 10; Ga. L. 2000, p. 1161, § 5; Ga. L. 2000, p. 1706, § 19; Ga. L. 2010, p. 963, § 2-19/SB 308.