 |
The Georgia Constitution provides that “[t]he right of the people to keep and bear arms shall not be infringed, but the
General Assembly shall have power to prescribe the manner in which arms may be borne.” Ga. Const. art. I, § I, para. VIII.
In addition, Ga. Code Ann. § 1-2-6(a)(9) includes “the right to keep and bear arms” within a list of the “rights of citizens generally.”
In Strickland v. State, 72 S.E. 260 (Ga. 1911), the Supreme Court of Georgia determined that
a statute prohibiting the carrying of a handgun without a license did not violate article I, section
I, paragraph XXII, now art. I, § I, para. VIII. The court held that the test for whether a law regulating
firearms violates this constitutional provision is “whether the particular regulation involved is legitimate
and reasonably within the police power, or whether it is arbitrary, and, under the name of regulation, amounts in effect
to a deprivation of the constitutional right.” Strickland, 72 S.E. at 263. After reviewing the intent of the statute, as
well as judicial interpretations of similar statutory provisions in other states, the court found that the statute at issue
was “not so arbitrary or unreasonable as to amount, in effect, to a prohibition of the right to bear arms, or an infringement
of that right as protected by the constitution.” Id. at 264.
In Carson v. State, 247 S.E.2d 68, 72-73 (Ga. 1978) the Supreme Court of Georgia rejected an art. I, § I, para. VIII challenge
to a statute prohibiting the possession of a sawed-off shotgun. The court reaffirmed the test set forth in Strickland and found
that the omission in art. I, § I, para. VIII of the phrase “[a] well-regulated militia being necessary to the security of a free State”
(which appears in the Second Amendment to the U.S. Constitution) did not affect the constitutionality of the statute, because it “can be
sustained as a legitimate exercise of the police power of the state.” Carson, 247 S.E.2d at 73.
In Landers v. State, 299 S.E.2d 707 (Ga. 1983), the Supreme Court of Georgia rejected an art. I, § I, para. VIII challenge
to a statute prohibiting the possession of a firearm by a felon. Relying on Strickland and Carson, the court held that the
statute was “a reasonable regulation authorized by the police power and thus not violative of our Constitution.” Landers, 299 S.E.2d at 710.
|
|
The Georgia General Assembly has declared the regulation of firearms to be an issue of general, statewide concern.
Ga. Code Ann. § 16-11-173(a)(1). The General Assembly has enacted a preemption statute stating that “[n]o county or
municipal corporation, by zoning or by ordinance, resolution, or other enactment, shall regulate in any manner gun shows;
the possession, ownership, transport, carrying, transfer, sale, purchase, licensing, or registration of firearms or components
of firearms; firearms dealers; or dealers in firearms components.” Section 16-11-173(b)(1).
Cities and counties are not preempted from enacting the following:
Regulation of the transport, carrying or possession of firearms by county or city employees in the course of their employment; Local ordinances, resolutions or other enactments requiring heads of households to own guns; and Reasonable limits or prohibitions on the discharge of firearms within the boundaries of the municipal corporation or county.
Section 16-11-173(c), (d), (e).
The General Assembly has declared that the lawful design, marketing, manufacture, or sale of firearms or ammunition
to the public are not unreasonably dangerous activities and do not constitute a nuisance per se. Section 16-11-173(a)(2).
The General Assembly has also reserved to the state the authority to bring suit and the right to recover against any firearms
or ammunition manufacturer, trade association or dealer, by or on behalf of any governmental unit for damages, abatement, or
injunctive relief resulting from or relating to the lawful design, manufacture, marketing, or sale of firearms or ammunition
to the public. Section 16-11-173(b)(2). This does not preclude a political subdivision or local government from bringing an
action against a firearms or ammunition manufacturer or dealer for breach of contract or express warranty as to firearms or
ammunition purchased by the political subdivision or local government. Id.
In Sturm, Ruger & Company v. City of Atlanta, 560 S.E.2d 525 (Ga. Ct. App. 2002), the Court of Appeals of Georgia relied on
a broad interpretation of the preemption doctrine in applying former section 16-11-184 (now recodified as section 16-11-173) to
dismiss a city’s negligence claim against gun manufacturers, dealers, and trade associations in connection with the design,
marketing and distribution of firearms. The court held the lawsuit was preempted in several ways.
First, the court held that preemption could be inferred from the comprehensive nature of the state’s regulatory scheme
for the distribution and use of firearms, even in the absence of section 16-11-173. As an initial point in its analysis,
the court pointed out that Ga. Const. art. I, § I, para. VIII (providing a state right to “keep and bear arms”) gives the
power to prescribe the manner in which arms may be borne only to the state’s General Assembly. Sturm, Ruger, 560 S.E.2d at 529.
The court held that the state had exercised that power by enacting a regulatory scheme for the distribution and use of firearms.
Id. Section 16-11-173(a)(2), (b)(2) had been added after the lawsuit was filed to reserve to the state the authority to file suit
in connection with these activities. However, the comprehensive nature of the state’s firearms regulations meant that the lawsuit
was preempted even in the absence of the amending provisions. Id.
Second, the court held that Georgia expressly preempted local regulation of firearms pursuant to subsection 16-11-173(b)(1),
and this preemption applied to the lawsuit. Sturm, Ruger, 560 S.E.2d at 530. The court rejected the argument that a lawsuit to
recover damages was not within the fields preempted by the statute and was not a form of regulation. “The practical effect of
the preemption doctrine is to preclude all other local or special laws on the same subject. [Citations omitted.] That the City
has filed a lawsuit rather than passing an ordinance does not make this any less a usurpation of State power. The City may not do indirectly that which it cannot do directly.” Id. See the Georgia Immunity Statutes/Manufacturer Litigation section for
further information about the lawsuit.
A local government may subject firearms dealers, shooting galleries and firearm ranges to a regulatory fee “only if the
local government customarily performs investigation or inspection of such businesses or practitioners of such profession or
occupation as protection of the public health, safety, or welfare.” Ga. Code Ann. § 48-13-9(a), (b)(6), (11). A local
government imposing such a regulatory fee must determine the amount of the fee by one of six methods prescribed by statute.
Section 48-13-9(e). Local governments may not retroactively apply regulations or ordinances relating to noise control, noise
pollution, or noise abatement “to prohibit conduct at a sport shooting range, which conduct was lawful and being engaged in
prior to the adoption or enactment of” such regulations or ordinances. Section 41-1-9(d).
Section 36-60-24 provides that the governing authority of a county or municipal corporation shall not prohibit the
sale of products listed in section 25-10-1(b), which include “toy pistol paper caps in which the explosive content
averages 0.25 grains or less of explosive mixture per paper cap or toy pistols, toy cannons, toy canes, toy guns, or
other devices using such paper caps,” or “ammunition consumed by weapons used for sporting and hunting purposes.”
Please see the Preemption section of the Master List of Firearms Policies for a general discussion of this issue, as well as the Federal Preemption section of the Federal Law Summary page.
|
|
For general information on each policy, click the heading for that policy. Please note that many firearm-related laws have exceptions for military and law enforcement personnel. |
 |
|
No
relevant statutes currently exist.
|
 |
|
Federal
law generally requires that licensed firearms dealers conduct
a background check on all prospective firearms purchasers to
ensure that such persons are not prohibited from buying or
possessing a firearm. This background check requirement and
the National Instant Criminal Background Check System (“NICS”)
were enacted through the Brady Handgun Violence Prevention
Act, pursuant to Public Law 103-159, and codified at
18
U.S.C. § 921 et seq. Federal law defines a number
of classes of prohibited purchasers (including felons,
fugitives, persons adjudicated as “mental defectives” or those
committed to mental institutions), and leaves to the states
the power to determine additional classes. (For a complete
list of federally prohibited purchasers, click
here.)
Under the
Brady Act, states have the option of serving as a “state point
of contact” and conducting their own background checks using
NICS and state informational records and databases, or having
the checks performed by the FBI using only NICS. Federal law
does not require that private sellers (persons other than
firearms dealers) conduct background checks on prospective
purchasers.
In Georgia, all firearms transfers by licensed dealers are processed directly through the
Georgia Bureau of Investigation (“GBI”), which enforces the federal purchaser prohibitions referenced above.
Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, Midyear 2004 (August 2005).
Georgia has adopted other classes of prohibited persons, and incorporated some of the federal prohibitions as
state offenses. Georgia prohibits the purchase or receipt of a firearm by any person who is on probation as a
“felony first offender,” or who has been convicted of a felony. Ga. Code Ann. § 16-11-131(b), (b.1). For state
administrative regulations regarding background checks for firearms purchases, see Ga. Comp. R. & Regs. 140-2-.17.
Under federal law, persons who have been issued state permits to purchase or possess firearms are exempt from background
checks if those permits were issued: 1) within the previous five years in the state in which the transfer is to take place;
and 2) after an authorized government official has conducted a background investigation, including a search of the NICS database,
to verify that possession of a firearm would not be unlawful. 18 U.S.C. § 922(t)(3), 27 C.F.R. § 478.102(d). Concealed weapons
permit holders in Georgia are exempt from background checks when purchasing a firearm, according to the
Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as
alternatives to the federal Brady Act. Please note that ATF’s exempt status determination is subject to change
without notice. For further information, see the Georgia Carrying Firearms section.
Firearms
transfers by private sellers (non-firearms dealers) are not
subject to background checks in Georgia, although federal and
state purchaser prohibitions still apply. See the Georgia Private/Secondary Sales section.
|
 |
|
No
relevant statutes currently exist.
|
 |
|
Open Carrying/Exposed Firearms
Georgia prohibits any person from carrying any firearm to or possessing any firearm at a public gathering (which includes,
but is not limited to, athletic or sporting events, churches or church functions, political rallies or functions, publicly
owned or operated buildings, or establishments at which alcoholic beverages are sold for consumption on the premises).
Ga. Code Ann. 16-11-127(a), (b). However, this prohibition does not apply to competitors participating in organized sport
shooting events. Section 16-11-127(c). It is an affirmative defense to a violation of section 16-11-127 if the person
immediately notifies a law enforcement officer or other person employed to provide security for the gathering and surrenders
or secures such item as directed by the officer or person employed to provide security. Section 16-11-127(d).
The state also generally prohibits any person from carrying, possessing or having under his or her control any firearm while in a
school safety zone or at a school building, school function, or on school property or a bus or other transportation furnished by the
school. Section 16-11-127.1(b). This prohibition does not apply to:
An instrument used for classroom work authorized by the teacher; Participants in organized sports shooting events or firearms training courses; Participants in military training programs or law enforcement training; A person authorized in writing by a school official to have in his or her possession or use the firearm as part of an activity conducted at a school building, school property, or school function; A holder of a license to carry a handgun who is carrying or picking up a student or on a bus or other school-furnished transportation; Any weapon legally kept in a vehicle in transit by a non-student; A weapon in a locked compartment, container or firearms rack in or on a motor vehicle being used by a non-student adult over 21 to bring or pick up a student or on school-furnished transportation, or in or on a motor vehicle being used by a non-student to transport someone to an activity being conducted on school property authorized by a school official; Persons fulfilling federal government defense contracts when possession of the weapon is necessary under the contract; Certain governmental officials and campus security; or A person residing or transacting lawful business or visiting such resident located within a school safety zone but outside a school building, school property, a school function, and school-furnished transportation.
Section 16-11-127.1(a)(2), (c), (d)(1).
Georgia prohibits any person from using or possessing any firearm in any park, historic site, or recreational area under the custody and
control of the Georgia Department of Conservation and Natural Resources, unless the firearm is unloaded and stored so as not to be readily
accessible or unless such use has been approved within restricted areas by prior written permission of the commissioner of natural resources
or his authorized representative. Section 12-3-10.
Georgia prohibits any person from possessing a firearm on any public fishing area owned or operated by the Georgia Department of Game
and Fish during a closed hunting season unless the firearm is unloaded and stored in a motor vehicle so as not to be readily accessible.
Section 27-4-11.1(a). Georgia prohibits any person from possessing a firearm on such an area during a legal open hunting season if the
firearm is loaded in a motor vehicle. Id.
Georgia prohibits any person from carrying, possessing or having under his or her control a firearm while on the premises of a
nuclear power facility. Section 16-11-127.2. This prohibition does not apply to participants in military training programs or law
enforcement training, certain governmental officials and campus security, or persons fulfilling defense contracts with the federal
government when necessary for the contract. Id.
Transportation of Firearms
A person commits the offense of carrying a concealed weapon when such person knowingly has, or carries about his or her
person, a firearm outside of his or her home or place of business, unless the firearm is:
Carried in an open manner and fully exposed to view; Enclosed in a case, unloaded, and separated from its ammunition and being transported by a person eligible for a license to carry a handgun under section 16-11-129; In the glove compartment, console, or similar compartment of a private passenger motor vehicle and being transported by a person eligible for a license under section 16-11-129; or Carried by a person in possession of a valid license to carry a handgun issued pursuant to section 16-11-129 in any location in a motor vehicle.
Section 16-11-126.
Subject to several exceptions, the state generally prohibits any person from carrying, possessing or having under his or her control
any firearm while on a bus or other transportation furnished by the school. Section 16-11-127.1(a)(2), (b). This prohibition does not apply
to, among other persons:
Participants in organized sports shooting events or firearms training courses; Participants in military training programs or law enforcement training; A holder of a license to carry a handgun who is carrying or picking up a student or on a bus or other school-furnished transportation; Any weapon legally kept in a vehicle in transit by a non-student; or A weapon in a locked compartment, container or firearms rack in or on a motor vehicle being used by a non-student adult over 21 to bring or pick up a student, or on school-furnished transportation, or in or on a motor vehicle being used by a non-student to transport someone to an activity being conducted on school property authorized by a school official.
Section 16-11-127.1(a)(2), (c), (d)(1).
See the Georgia Open Carrying/Exposed Firearms sub-section for further information.
Concealed Weapons Licensing Requirements
Georgia is a “shall issue” state, meaning that a probate court judge must issue a license to carry a handgun if the
applicant meets certain qualifications. The probate court judge shall issue a license “if no facts establishing ineligibility
have been reported and if the judge determines the applicant has met all the qualifications, is of good moral character, and has
complied with all the requirements” contained in Ga. Code Ann. § 16-11-129. Section 16-11-129(d)(4).
Applicants may apply for a license to carry a handgun to the probate court judge in the applicant’s county of domicile. Section 16-11-129(a). Licenses will not be issued to any person:
Prohibited from possessing firearms pursuant to 18 U.S.C. § 922; Under 21 years of age; Who is a fugitive from justice or against whom proceedings are pending for any felony, forcible misdemeanor, or violation of sections 16-11-126 (illegally carrying a concealed weapon), 16-11-127 (possession of a firearm at a public gathering), or 16-11-128 (carrying a pistol without a license) until such time as the proceedings are adjudicated; Who has been convicted of a felony and has not been pardoned (see section 16-11-131), or any person who has been convicted of a forcible misdemeanor and is not free of all restraint or supervision in connection with that crime for at least five years, or any person who has been convicted under sections 16-11-126, 16-11-127, or 16-11-128 and has not been free of all restraint or supervision in connection with those crimes for at least the preceding three years; Who has been hospitalized as an inpatient in any mental hospital or alcohol or drug treatment center within five years of the date of his or her application; or Who has been convicted of an offense arising out of the unlawful manufacture, distribution, possession, or use of a controlled substance or other dangerous drug.
Section 16-11-129(b).
The fee for a license to carry a handgun is a $15. Section 16-11-129(a). The applicant is also requirement to pay a $5 to the local law enforcement agency for its services in connection with the application. Section 16-11-129(c). The Georgia Bureau of Investigation may also charge such fee as is necessary to cover the cost of its records search. Section 16-11-129(d)(1).
For provisions governing the application and background check process for a license to carry a handgun, see section 16-11-129(a), (c) through (g), and (i).
Georgia prohibits any person from carrying a handgun on his or her person outside his or her home, motor vehicle or place of business without a
license to carry a handgun, unless the person has a valid hunting or fishing license or is engaged in lawful hunting or fishing with the permission
of the owner of the land. Section 16-11-128. Georgia also prohibits the carrying of a loaded handgun except in an open or fully exposed manner. Id.
Georgia prohibits any person from knowingly carrying about his or her person outside his or her home or place of business any firearm not “in an open manner and fully exposed to view,” unless the concealed firearm is carried by a holder of a license to carry a handgun in a:
Handbag, briefcase, or other closed container; or Holster, hip grip, or similar device, and concealed by the person’s clothing.
Section 16-11-126(a), (c). However, section 16-11-126 is not violated if the person would be eligible for a license to carry a handgun and:
Is transporting the firearm enclosed in a case, unloaded and separated from ammunition; or The firearm is in the glove compartment, console or similar compartment of a vehicle.
Section 16-11-126(d).
Disclosure or Use of Information
Under Georgia Code Annotated § 50-18-72(d), the rules governing the inspection of public records do not apply to any
application submitted to or any permanent records maintained by a probate court judge pursuant to section 16-11-129,
relating to licenses to carry pistols or revolvers, or pursuant to any other requirement for maintaining records relative
to the possession of firearms. Law enforcement agencies may obtain records relating to licensing and possession of firearms
as provided by law. Section 50-18-72(d).
Probate judges reviewing background information for applicants who have been hospitalized as an in-patient in any mental hospital
or alcohol or drug treatment center within five years of the date of his or her application for a license must keep any such hospitalization
or treatment information confidential. Section 16-11-129(b)(4).
In addition, license application forms must “be designed to elicit information from the applicant pertinent to his or her eligibility
under” section 16-11-129(a), and shall not “require data which is nonpertinent or irrelevant such as serial numbers or other identification
capable of being used as a de facto registration of firearms owned by the applicant.” Section 16-11-129(a).
Duration & Renewal
Licenses to carry pistols or revolvers are valid for five
years. Ga.
Code Ann. § 16-11-129(a). Renewal licenses are also
valid for five-year periods, and are subject to the same
requirements as an original license. Id. If less
than 90 days remain before expiration of a license or the
license expired within the last 30 days, the license-holder
may apply for a temporary renewal license,
which expires in 90 days. See section
16-11-129 for further information related to license renewals.
Location Limits
Georgia prohibits any person from carrying any firearm to or possessing any firearm at a public gathering. Ga. Code Ann. § 16-11-127(a).
“Public gathering” includes, but is not limited to: 1) athletic or sporting events; 2) churches or church functions; 3) political rallies or
functions; 4) publicly owned or operated buildings; or 5) establishments at which alcoholic beverages are sold for consumption on the premises.
Section 16-11-127(b).
Under section 16-11-127.1(b), and subject to several exceptions, Georgia law bars any person from carrying, possessing or having under
the person’s control any firearm while within a school safety zone or at a school building, school function, or school property or on a bus
or other transportation furnished by the school. This prohibition does not apply to:
An instrument used for classroom work authorized by the teacher; Participants in organized sports shooting events or firearms training courses; Participants in military training programs or law enforcement training; A person authorized in writing by a school official to have in his or her possession or use the firearm as part of an activity conducted at a school building, school property, or school function; A holder of a license to carry a handgun who is carrying or picking up a student or on a bus or other school-furnished transportation; Any weapon legally kept in a vehicle in transit by a non-student; A weapon in a locked compartment, container or firearms rack in or on a motor vehicle being used by a non-student adult over 21 to bring or pick up a student or on school-furnished transportation, or in or on a motor vehicle being used by a non-student to transport someone to an activity being conducted on school property authorized by a school official; Persons fulfilling federal government defense contracts when possession of the weapon is necessary under the contract; Certain governmental officials and campus security; or -
A person residing or transacting lawful business or visiting such resident
located within a school safety zone but outside a school
building, school property, a school function, or school-furnished transportation.
Section 16-11-127.1(a)(2), (c), (d)(1).
Georgia prohibits any person from using or possessing any firearm in any park, historic site, or recreational area under the custody
and control of the Georgia Department of Conservation and Natural Resources, unless the firearm is unloaded and stored so as not to be
readily accessible or unless such use has been approved within restricted areas by prior written permission of the commissioner of natural
resources or his authorized representative. Section 12-3-10.
Georgia prohibits any person from possessing a firearm on any public fishing area owned or operated by the Georgia Department of Game and Fish
during a closed hunting season unless the firearm is unloaded and stored in a motor vehicle so as not to be readily accessible.
Section 27-4-11.1(a). Georgia prohibits any person from possessing a firearm on such an area during a legal open hunting season if
the firearm is loaded in a motor vehicle. Id.
Georgia prohibits any person from carrying or possessing a firearm or having a firearm under his or her control while on the
premises of a nuclear power facility. Section 16-11-127.2. This prohibition does not apply to participants in military training
programs or law enforcement training, certain governmental officials and campus security, or persons fulfilling defense contracts
with the federal government when necessary for the contract. Id.
Reciprocity
Under Georgia Code Annotated §§ 16-11-126(e) and 16-11-128(c), a person licensed to carry a handgun in any state whose laws recognize Georgia
licenses to carry handguns may carry a handgun in Georgia, but only while the licensee is not a resident of Georgia. The out-of-state license
holder must carry the handgun in compliance with the laws of Georgia. Id.
Brady Exemption
Concealed weapons permit holders in Georgia are exempt from background checks when purchasing a firearm, according to
the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to
the Brady Act. Please note that ATF’s exempt status determination is subject to change without notice. For further information, see
the Georgia Background Checks section.
|
 |
|
Parents and legal guardians are prohibited from allowing minors (persons under age 18; see Georgia Code Annotated § 16-11-101.1(a)(1)) to
possess a handgun. Sections 16-11-101.1(c)(1), 16-11-132. The parent or legal guardian of a minor will be criminally liable if he or she knows
of a minor’s conduct which violates section 16-11-132 (relating to the unlawful possession of a handgun by any person under age 18) and fails to
make reasonable efforts to prevent any such violation. Sections 16-11-101.1(c)(1). However, these provisions do not apply to a minor:
Attending a hunter education course or a firearms safety course; Engaging in practice in the use of a firearm or target shooting at an established range authorized by the governing body of the jurisdiction where such range is located; Engaging in an organized competition involving the use of a firearm or participating in or practicing for a performance by an organized group under 26 U.S.C. § 501(c)(3) which uses firearms as a part of such performance; Hunting or fishing pursuant to a valid license if such person has in his or her possession a valid hunting or fishing license if required; is engaged in legal hunting or fishing; has permission of the owner of the land on which the activities are being conducted; and the pistol or revolver, whenever loaded, is carried only in an open and fully exposed manner; Traveling to or from any of the aforementioned activities, if the pistol or revolver is not loaded; Who is on his or her parent’s, legal guardian’s, or grandparent’s real property and who has the permission of his or her parent, legal guardian, or grandparent to possess the handgun; or At his or her residence and possesses a handgun while exercising rights authorized in sections 16-3-21 or 16-3-23 (provisions regarding the justified use of force against another) with the permission of his or her parent or legal guardian.
Section 16-11-132(c).
Georgia also prohibits any parent or legal guardian from intentionally, knowingly, or recklessly furnishing, or permitting a
minor to possess, a handgun, if the parent or legal guardian is aware of a substantial risk that the minor will use the handgun
to commit a felony. Section 16-11-101.1(c)(2). This criminal liability also attaches if the parent or legal guardian, who is aware
of a substantial risk that the minor will use the handgun to commit a felony, fails to make reasonable efforts to prevent
commission of the offense by the minor. Id.
A parent or legal guardian is also criminally liable if he or she furnishes a handgun to, or permits possession of a handgun by, any
minor who has been convicted of a forcible felony or forcible misdemeanor (as defined in section 16-1-3), or who has been adjudicated
delinquent (under section 15-11-1) for an offense which would constitute a forcible felony or forcible misdemeanor if such minor were an
adult. Section 16-11-101.1(c)(3).
State administrative regulations require firearms in licensed family day care homes to be stored so they are inaccessible to children.
Ga. Comp. R. & Regs. 290-2-3-.11(2)(g). Similarly, firearms on the premises of any child caring institution shall not be allowed within
any living units and shall be stored in locked cabinets or other similar storage containers which are not accessible to children and are
in areas that are not accessible to children. Ga. Comp. R. & Regs. 290-2-5-.18(9)(a). Prospective adoptive parents must provide a statement
verifying that all firearms owned and in the home are locked away from children. Ga. Comp. R. & Regs. 290-9-2-.06(9)(iv). Prospective
foster parents also must keep all firearms owned and in the home locked and away from children. Ga. Comp. R. & Regs. 290-9-2-.07(9)(ii)(IV).
|
 |
|
Any person, firm, retail dealer, wholesale dealer, pawnbroker, or corporation who sells, disposes of, or offers for sale or causes or permits
to be sold, disposed of, or offered for sale any pistol or revolver or short-barreled firearm of less than 15 inches in length, whether the
firearm is the seller’s own property or whether the person selling the firearm is an agent or employee of the owner, must obtain a license
from the Georgia Department of Public Safety permitting the sale of such firearms. Ga. Code Ann. § 43-16-2. The application must be accompanied
by a sworn affidavit stating that the applicant is a United States citizen, is at least age 21, and has not been convicted of a felony.
Section 43-16-3; Ga. Comp. R. & Regs. 570-4-.06. The application must also be accompanied by a bond for the sum of $1,000 conditioned upon
the faithful performance of the requirements of Georgia Code Annotated §§ 43-16-1 – 43-16-12, and signed by the applicant.
Section 43-16-4; Ga. Comp. R. & Regs. 570-4-.07. Licenses are valid for one year. Ga. Code Ann § 43-16-5. There is an annual license fee
of $25 for the owner of any sales establishment, and an annual employee license fee of $3. Id. The application must include a copy of a current
federal license. Ga. Comp. R. & Regs. 570-4-.06.
These requirements, as well as the other dealer licensing regulations contained in Ga. Code Ann. §§ 43-16-1 – 43-16-12, do not apply to or
prohibit the casual sale of firearms between individuals or bona fide gun collectors. Section 43-16-2. See the Georgia Private/Secondary Sales section
for further information.
Licensees must keep the license itself conspicuously displayed on their business premises. Section 43-16-7; Ga. Comp. R. & Regs. 570-4-.02.
Licensees
are required to keep a record of the acquisition and
disposition of all firearms, which records shall be identical
in form and context to the firearms acquisition and
disposition record required
by 27 C.F.R. § 478.102. Ga. Code. Ann. § 43-16-10.1(a), (b).
The record
shall be maintained on the licensed premises and shall be open
to the inspection of any duly authorized law enforcement
officer during the ordinary hours of business or at any
reasonable time.
Section 43-16-10.1(c). The record of
each acquisition or disposition of a firearm shall be
maintained for not less than five years.
Id.
Failure to
keep and maintain the required records is grounds for
revocation of the license.
Section 43-16-10.1(d).
All transfers or purchases of firearms conducted by a dealer licensed pursuant to 18 U.S.C. § 923 or Ga. Code Ann. §§ 43-16-1 – 43-16-12 are
subject to the National Instant Criminal Background System (NICS) created by the Brady Act. Section 16-11-172.
Federally Licensed Firearms Dealers
There are 1,601 federally licensed firearms dealers and pawnbrokers in Georgia. Federal firearms licensee totals for Georgia as of October 19, 2006 were provided by the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives.
|
 |
|
Georgia does not regulate gun shows. Pursuant to Georgia Code Annotated § 16-11-173(b)(1), no county or municipal corporation, by zoning or by ordinance, resolution, or other enactment, shall regulate gun shows in any manner.
In addition, Georgia does not require private sellers to perform background checks on potential firearms purchasers at gun shows. According to the Americans for Gun Safety analysis The Iron Pipeline: Georgia is Nation’s Second Leading Gun Trafficking State, Georgia is a prominent source of illegal firearms, many originating from sales at gun shows. See the Georgia Private/Secondary Sales section for additional information.
|
 |
|
Georgia Code Annotated § 16-11-173(b)(2) provides:
The authority to bring suit and
right to recover against any firearms or ammunition
manufacturer, trade association, or dealer by or on behalf of
any governmental unit created by or pursuant to an Act of the
General Assembly or the Constitution, or any department,
agency, or authority thereof, for damages, abatement, or
injunctive relief resulting from or relating to the lawful
design, manufacture, marketing, or sale of firearms or
ammunition to the public shall be reserved exclusively to the
state. This paragraph shall not prohibit a political
subdivision or local government authority from bringing an
action against a firearms or ammunition manufacturer or dealer
for breach of contract or warranty as to firearms or
ammunition purchased by the political subdivision or local
government authority.
The Georgia General Assembly has declared that the lawful design, marketing, manufacture, or sale of firearms or ammunition to the public
is not an unreasonably dangerous activity and does not constitute a nuisance per se. Section 16-11-173(a)(2).
In Sturm, Ruger & Company v. City of Atlanta, 560 S.E.2d 525 (Ga. Ct. App. 2002), the Court of Appeals of Georgia reversed the denial of a
motion to dismiss a city’s negligence claim against gun manufacturers, dealers, and trade associations in connection with the design, marketing
and distribution of firearms. The court held the lawsuit preempted in several ways. See the Georgia State Preemption section for details.
In addition, the court held that the lawsuit was precluded by subsections 16-11-173(a)(2) and (b)(2), which declare that the lawful design,
marketing, manufacture, and sale of firearms is not an unreasonably dangerous activity and does not constitute a nuisance per se, and which
exclusively reserve to the state the authority to bring suit and recover against any firearms manufacturer or dealer. Sturm, Ruger, 560 S.E.2d at 530-32.
The court held that these statutes could be applied retroactively and that such retroactive application did not offend the state constitutional prohibitions
on retroactive laws, special laws, or the state constitutional separation of powers doctrine. Id. at 530-32.
Finally, no sport shooting range or unit of government or person owning, operating, or using a sport shooting range for the sport
shooting of firearms shall be subject to any action for civil or criminal liability, damages, abatement, or injunctive relief resulting
from or relating to noise generated by the operation of the range if the range remains in compliance with noise control or nuisance abatement
rules, regulations, statutes, or ordinances applicable to the range on the date on which it commenced operation. Section 41-1-9(c).
For detailed information about government and private party lawsuits against the gun industry, the status of litigation involving gun
industry immunity statutes in various states, or pending gun industry immunity legislation, visit the Brady Center's Legal Action Project
and the Coalition to Stop Gun Violence's Gun Industry Immunity page.
|
 |
|
No
relevant statutes currently exist.
|
 |
|
No
relevant statutes currently exist.
|
 |
|
No
relevant statutes currently exist.
|
 |
|
No
relevant statutes currently exist.
|
 |
|
Georgia
prohibits the possession or control of a pistol or revolver by
any person under age 18.
Ga. Code Ann. § 16-11-132(b). This prohibition does not apply if the underage person is:
Attending a hunter education course or a firearms safety
course; Engaging in practice in the use of a firearm or target
shooting at an established range authorized by the governing
body of the jurisdiction where such range is located; Engaging in an organized competition involving the use of a
firearm or participating in or practicing for a performance
by an organized group under 26 U.S.C. § 501(c)(3) which uses
firearms as a part of such performance; Hunting
or fishing pursuant to a valid license if such person has in
his or her possession a valid hunting or fishing license if
required; is engaged in legal hunting or fishing; has
permission of the owner of the land on which the activities
are being conducted; and the pistol or revolver, whenever
loaded, is carried only in an open and fully exposed manner;
or Traveling to or from any of the aforementioned activities,
if the pistol or revolver is not loaded.
Section 16-11-132(c)(1).
In
addition, this prohibition does not apply if the person under
age 18 is:
On real
property under the control of his or her parent, legal
guardian, or grandparent and who has the permission of the
parent or legal guardian to possess a pistol or revolver; or At his
or her residence and possesses a pistol or revolver while
exercising rights authorized in
sections 16-3-21 or
16-3-23 (provisions regarding the justified use of
force against another) with the permission of his or her
parent or legal guardian.
Section 16-11-132(c)(2), (3).
There is no minimum age requirement to possess rifles and shotguns in Georgia.
|
 |
|
No
relevant statutes currently exist.
|
 |
|
No
relevant statutes currently exist.
|
 |
|
Private
firearms transfers (i.e., transfers by non-firearms
dealers) are not subject to a background check requirement in
Georgia, although federal and state purchaser prohibitions
still apply. See the Georgia Background Checks
section.
Any person, firm, retail dealer, wholesale dealer, pawnbroker, or corporation who sells, disposes of, or
offers for sale or causes or permits to be sold, disposed of, or offered for sale any pistol or revolver or short-barreled firearm
of less than 15 inches in length, whether the firearm is the seller’s own property or whether the person selling the firearm is an
agent or employee of the owner, must obtain a license from the Georgia Department of Public Safety permitting the sale of such firearms.
Ga. Code Ann. § 43-16-2. This provision, as well as the other dealer licensing regulations in sections 43-16-1—43-16-12, do not apply to
or prohibit the casual sale of handguns between individuals or bona fide gun collectors. Section 43-16-2. See the
Georgia Dealer Regulations section for further information.
No person may intentionally, knowingly, or recklessly sell or furnish a pistol or revolver to a minor (person under the age of 18 years;
see § 16-11-101.1(a)(1)). Section 16-11-101.1(b). However, a parent or legal guardian may permit possession of a pistol or revolver by a minor
for the purposes specified in section 16-11-132(c) (see the Georgia Minimum Age to Purchase/Possess section), unless otherwise expressly limited
by section 16-11-101.1(c). Section 16-11-101.1(b).
Georgia prohibits the purchase or sale of a firearm by a person who knows that the manufacturer’s serial number or other distinguishing number or
identification mark has been removed for the purpose of concealing or destroying the identity of the firearm. Section 16-9-70.
|
 |
|
Application forms for a license to carry a handgun shall
not “require data which is nonpertinent or irrelevant such
as serial numbers or other identification capable of being
used as a de facto registration of firearms owned by the
applicant.” Ga.
Code Ann. § 16-11-129(a).
No other relevant statutes currently exist.
|
 |
|
No
relevant statutes currently exist.
|
|
