Do I need a WCL to carry a bb or pellet gun?

Discussion in 'General GWL Questions' started by Lander nimal, Nov 28, 2020.

  1. Lander nimal

    Lander nimal New Member

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    Is a bb or pellet gun considered a firearm here and am I allowed to carry it outside of my car? I’m new to this area
     
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  2. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    No, no, and yes, except in a school.
     

  3. Lander nimal

    Lander nimal New Member

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    Thank you! And even if it’s a handgun?
     
  4. Fallschirmjäger

    Fallschirmjäger I watch the watchers

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    BB and pellet guns do not fit the definition of either firearm or weapon per Georgia law (except in schools or on school property)
    See OCGA 16-11-125

    § 16-11-125.1 - Definitions
    O.C.G.A. 16-11-125.1 (2010)
    16-11-125.1. Definitions


    As used in this part, the term:

    (1) "Handgun" means a firearm of any description, loaded or unloaded, from which any shot, bullet, or other missile can be discharged by an action of an explosive where the length of the barrel, not including any revolving, detachable, or magazine breech, does not exceed 12 inches; provided, however, that the term "handgun" shall not include a gun which discharges a single shot of .46 centimeters or less in diameter.
    ...
    (4) "Long gun" means a firearm with a barrel length of at least 18 inches and overall length of at least 26 inches designed or made and intended to be fired from the shoulder and designed or made to use the energy of the explosive in a fixed:
     
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  5. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    The definition of "weapon" as found in 16-11-125.1 doesn't apply to every Code section in Georgia's law books-- just the ones found from 16-11-126 thru 16-11-138 (with the exception of the school weapons law, which has its own controlling list of weapons and other dangerous things you can't have at a school).

    Now, be mindful that other Code sections outside of that limited range in Title 16, Chapter 11, may have their own bans on guns, weapons, dangerous instruments, projectile-flinging devices, etc. If one of those other Code sections use the term "weapon" then it may or may not be interpreted the same as how that same term is used in that other Code section. It's logical and I'd argue that the 16-11-125.1 definition should apply... but cops and prosecutors and judges may disagree.
     
  6. Fallschirmjäger

    Fallschirmjäger I watch the watchers

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    You're right, but Malum already covered the exception for schools and I didn't want to repeat things needlessly.
     
  7. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    Prison and jail guard line zones may be other places were non-weapon, non-firearm "guns" could be banned (for non-GWL holders anyway).