Weapon License

Discussion in 'General GWL Questions' started by SoldSpartan, Jul 13, 2018.

  1. SoldSpartan

    SoldSpartan Member

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    What makes you a prohibited person from getting a carry permit? Also I know that some criminal offenses makes you ineligible to obtain a permit for 5 years; if someone could clarified this it would be greatly appreciated.
     
  2. moe mensale

    moe mensale Well-Known Member

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    https://www.georgiacarry.org/cms/ga-code-detail/?title=16&chapter=11&section=129

    O.C.G.A.§ 16-11-129(b)(2):
    No weapons carry license will be issued to:
    (A) Any person younger than 21 years of age unless he or she:
    (i) Is at least 18 years of age;
    (ii) Provides proof that he or she has completed basic training in the armed forces of the United States; and
    (iii) Provides proof that he or she is actively serving in the armed forces of the United States or has been honorably discharged from such service;

    (B) Any person who has been convicted of a felony by a court of this state or any other state; by a court of the United States, including its territories, possessions, and dominions; or by a court of any foreign nation and has not been pardoned for such felony by the President of the United States, the State Board of Pardons and Paroles, or the person or agency empowered to grant pardons under the constitution or laws of such state or nation;

    (C) Any person against whom proceedings are pending for any felony;

    (D) Any person who is a fugitive from justice;

    (E) Any person who is prohibited from possessing or shipping a firearm in interstate commerce pursuant to subsections (g) and (n) of 18 U.S.C. Section 922;

    (F) Any person who has been convicted of an offense arising out of the unlawful manufacture or distribution of a controlled substance or other dangerous drug;

    (G) Any person who has had his or her weapons carry license revoked pursuant to subsection (e) of this Code section within three years of the date of his or her application;

    (H) Any person who has been convicted of any of the following:
    (i) Carrying a weapon without a weapons carry license in violation of Code Section 16-11-126; or
    (ii) Carrying a weapon or long gun in an unauthorized location in violation of Code Section 16-11-127
    and has not been free of all restraint or supervision in connection therewith and free of any other conviction for at least five years immediately preceding the date of the application;

    (I) Any person who has been convicted of any misdemeanor involving the use or possession of a controlled substance and has not been free of all restraint or supervision in connection therewith or free of:
    (i) A second conviction of any misdemeanor involving the use or possession of a controlled substance; or
    (ii) Any conviction under subparagraphs (E) through (G) of this paragraph for at least five years immediately preceding the date of the application;

    (J) Except as provided for in subsection (b.1) of this Code section, any person who has been hospitalized as an inpatient in any mental hospital or alcohol or drug treatment center within the five years immediately preceding the application. The judge of the probate court may require any applicant to sign a waiver authorizing any mental hospital or treatment center to inform the judge whether or not the applicant has been an inpatient in any such facility in the last five years and authorizing the superintendent of such facility to make to the judge a recommendation regarding whether the applicant is a threat to the safety of others and whether a license to carry a weapon should be issued. When such a waiver is required by the judge, the applicant shall pay a fee of $3.00 for reimbursement of the cost of making such a report by the mental health hospital, alcohol or drug treatment center, or the Department of Behavioral Health and Developmental Disabilities, which the judge shall remit to the hospital, center, or department. The judge shall keep any such hospitalization or treatment information confidential. It shall be at the discretion of the judge, considering the circumstances surrounding the hospitalization and the recommendation of the superintendent of the hospital or treatment center where the individual was a patient, to issue the weapons carry license or renewal license;

    (K) Except as provided for in subsection (b.1) of this Code section, any person who has been adjudicated mentally incompetent to stand trial; or

    (L) Except as provided for in subsection (b.1) of this Code section, any person who has been adjudicated not guilty by reason of insanity at the time of the crime pursuant to Part 2 of Article 6 of Chapter 7 of Title 17.
     

  3. SoldSpartan

    SoldSpartan Member

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    So what are the requirements to buy a firearm in GA without a carry permit?
     
  4. SoldSpartan

    SoldSpartan Member

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    Do you have to wait five years to get a carry permit after getting a carry with out a permit infraction?
     
    Last edited: Jul 13, 2018
  5. tmoore912

    tmoore912 Just a Man

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    Yes. The code section specifically says 5 years.

     
  6. moe mensale

    moe mensale Well-Known Member

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    Private sale - basically no requirements except what seller may impose.

    Dealer sale - visit dealer, choose weapon, pay for weapon, fill out 4473, pass NICS check, thank dealer, take weapon home.
     
  7. DonT

    DonT Deplorable bitter clinger.

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    Private sale only requires that the buyer is legally able to purchase and own. The buyer can't be a felon, a minor, from another state...those are the big requirements by federal law. As Moe stated, the seller has the option to require documents, such as GWCL and/or driver's license, to help to verify those conditions. Seller may request that a sales receipt be drawn up for their protection.

    Dealer sale, ie, purchase from an FFL, is as Moe stated. Buyer will need to present a state issued, valid picture ID that includes a current address, ie, driver's license or state identification card. If address is not current or is not a street address, buyer needs to provide another government issued document that shows the valid residential address, eg, hunting license, vehicle registration, county issued water bill, etc.

    Check the laws out yourself, though. Always a good idea.
     
    Last edited: Jul 15, 2018
  8. GAfirearmsReference

    GAfirearmsReference Weapons Law Booklet

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    SoldSpartan, my book is available through Amazon.com.
    It will answer a lot of questions that you come up with in the future, too.

    Multiple attorneys and GeorgiaCarry.Org officers or members, including Don T, who posted above, helped proofread it and check its content for accuracy and readability. (The main point of the book it to make the law more readable to non-lawyers).