PocketLaw | Georgia Code | (See Editor's notes.) Weapons Carry

(See Editor's notes.) Weapons Carry License; Gun Safety Information; Temporary Renewal Permit; Mandamus; Verification of License

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Application for weapons carry license or renewal license; term.
1. The judge of the probate court of each county shall, on application under oath, on payment of a fee of $30.00, and on investigation of the applicant pursuant to subsections (b) and (d) of this Code section, issue a weapons carry license or renewal license valid for a period of five years to any person whose domicile is in that county or who is on active duty with the United States armed forces and who is not a domiciliary of this state but who either resides in that county or on a military reservation located in whole or in part in that county at the time of such application. Such license or renewal license shall authorize that person to carry any weapon in any county of this state notwithstanding any change in that person's county of residence or state of domicile.
2. 1. As used in this paragraph, the term "service member" means an active duty member of the regular or reserve component of the United States Army, United States Navy, United States Marine Corps, United States Coast Guard, United States Air Force, United States National Guard, Georgia Army National Guard, or Georgia Air National Guard.
  2. Any service member whose weapons carry license or renewal license expired while such service member was serving on active duty outside this state shall be authorized to carry any weapon in accordance with such expired license for a period of six months from the date of his or her discharge from active duty or reassignment to a location within this state. When carrying a weapon pursuant to Code Section 16-11-137, the service member shall also have in his or her immediate possession a copy of the official military orders or a written verification signed by such service member's commanding officer which shall evidence that such service member is authorized to carry any weapon in accordance with such expired license for a period of six months from the date of his or her discharge from active duty or reassignment to a location within this state.
3. 1. Applicants shall submit the application for a weapons carry license or renewal license to the judge of the probate court on forms prescribed and furnished free of charge to persons wishing to apply for the license or renewal license.
  2. 1. An application shall be considered to be for a renewal license if the applicant has a weapons carry license or renewal license with 90 or fewer days remaining before the expiration of such weapons carry license or renewal license or 30 or fewer days since the expiration of such weapons carry license or renewal license regardless of the county of issuance of the applicant's expired or expiring weapons carry license or renewal license.
    2. An application of any service member whose weapons carry license or renewal license expired while such service member was serving on active duty outside this state shall be considered to be for a renewal license if such service member applies within six months from the date of his or her discharge from active duty or reassignment to a location within this state as provided for in a copy of such service member's official military orders or a written verification signed by such service member's commanding officer as provided by the service member.
    3. An applicant who is not a United States citizen shall provide sufficient personal identifying data, including without limitation his or her place of birth and United States issued alien or admission number, as the Georgia Bureau of Investigation may prescribe by rule or regulation. An applicant who is in nonimmigrant status shall provide proof of his or her qualifications for an exception to the federal firearm prohibition pursuant to 18 U.S.C. Section 922(y). Forms shall be designed to elicit information from the applicant pertinent to his or her eligibility under this Code section, including citizenship, but 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. The Department of Public Safety shall furnish application forms and license forms required by this Code section. The forms shall be furnished to each judge of each probate court within this state at no cost.
Licensing exceptions.
1. As used in this subsection, the term:
  1. "Armed forces" means active duty or a reserve component of the United States Army, United States Navy, United States Marine Corps, United States Coast Guard, United States Air Force, United States National Guard, Georgia Army National Guard, or Georgia Air National Guard.
  2. "Controlled substance" means any drug, substance, or immediate precursor included in the definition of controlled substances in paragraph (4) of Code Section 16-13-21.
  3. "Convicted" means an adjudication of guilt. Such term shall not include an order of discharge and exoneration pursuant to Article 3 of Chapter 8 of Title 42.
  4. "Dangerous drug" means any drug defined as such in Code Section 16-13-71.
2. No weapons carry license shall be issued to:
  1. Any person younger than 21 years of age unless he or she:
    1. Is at least 18 years of age;
    2. Provides proof that he or she has completed basic training in the armed forces of the United States; and
    3. 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;
  2. 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;
  3. Any person against whom proceedings are pending for any felony;
  4. Any person who is a fugitive from justice;
  5. 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;
  6. 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;
  7. 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;
  8. Any person who has been convicted of any of the following:
    1. Carrying a weapon without a weapons carry license in violation of Code Section 16-11-126; or
    2. 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;
  9. 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:
    1. A second conviction of any misdemeanor involving the use or possession of a controlled substance; or
    2. Any conviction under subparagraphs (E) through (G) of this paragraph
    for at least five years immediately preceding the date of the application;
  10. 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;
  11. Except as provided for in subsection (b.1) of this Code section, any person who has been adjudicated mentally incompetent to stand trial; or
  12. 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.
    (b.1)Petitions for relief from certain licensing exceptions.
    
    At the hearing provided for under paragraph (1) of this subsection, the court shall receive and consider evidence in a closed proceeding concerning:
    
    Persons provided for under subparagraphs (b)(2)(J), (b)(2)(K), and (b)(2)(L) of this Code section may petition the court in which such adjudication, hospitalization, or treatment proceedings, if any, under Chapter 3 or 7 of Title 37 occurred for relief. A copy of such petition for relief shall be served as notice upon the opposing civil party or the prosecuting attorney for the state, as the case may be, or their successors, who appeared in the underlying case. Within 30 days of the receipt of such petition, such court shall hold a hearing on such petition for relief. Such prosecuting attorney for the state may represent the interests of the state at such hearing.
  13. The circumstances which caused the person to be subject to subparagraph (b)(2)(J), (b)(2)(K), or (b)(2)(L) of this Code section;
  14. The person's mental health and criminal history records, if any. The judge of such court may require any such person to sign a waiver authorizing the superintendent of any mental hospital or treatment center to make to the judge a recommendation regarding whether such person is a threat to the safety of others. 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;
  15. The person's reputation which shall be established through character witness statements, testimony, or other character evidence; and
  16. Changes in the person's condition or circumstances since such adjudication, hospitalization, or treatment proceedings under Chapter 3 or 7 of Title 37.
    The judge shall issue an order of his or her decision no later than 30 days after the hearing.
3. The court shall grant the petition for relief if such court finds by a preponderance of the evidence that the person will not likely act in a manner dangerous to public safety in carrying a weapon and that granting the relief will not be contrary to the public interest. A record shall be kept of the hearing; provided, however, that such records shall remain confidential and be disclosed only to a court or to the parties in the event of an appeal. Any appeal of the court's ruling on the petition for relief shall be de novo review.
4. If the court grants such person's petition for relief, the applicable subparagraph (b)(2)(J), (b)(2)(K), or (b)(2)(L) of this Code section shall not apply to such person in his or her application for a weapons carry license or renewal; provided, however, that such person shall comply with all other requirements for the issuance of a weapons carry license or renewal license. The clerk of such court shall report such order to the Georgia Crime Information Center immediately, but in no case later than ten business days after the date of such order.
5. A person may petition for relief under this subsection not more than once every two years. In the case of a person who has been hospitalized as an inpatient, such person shall not petition for relief prior to being discharged from such treatment.
Fingerprinting. Following completion of the application for a weapons carry license, the judge of the probate court shall require the applicant to proceed to an appropriate law enforcement agency in the county or to any vendor approved by the Georgia Bureau of Investigation for fingerprint submission services with the completed application so that such agency or vendor can capture the fingerprints of the applicant. The law enforcement agency shall be entitled to a fee of $5.00 from the applicant for its services in connection with fingerprinting and processing of an application. Fingerprinting shall not be required for applicants seeking temporary renewal licenses or renewal licenses.
Investigation of applicant; issuance of weapons carry license; renewal.
1. 1. For weapons carry license applications, the judge of the probate court shall within five business days following the receipt of the application or request direct the law enforcement agency to request a fingerprint based criminal history records check from the Georgia Crime Information Center and Federal Bureau of Investigation for purposes of determining the suitability of the applicant and return an appropriate report to the judge of the probate court. Fingerprints shall be in such form and of such quality as prescribed by the Georgia Crime Information Center and under standards adopted by the Federal Bureau of Investigation. The Georgia Bureau of Investigation may charge such fee as is necessary to cover the cost of the records search.
  2. For requests for license renewals, the presentation of a weapons carry license issued by any probate judge in this state shall be evidence to the judge of the probate court to whom a request for license renewal is made that the fingerprints of the weapons carry license holder are on file with the judge of the probate court who issued the weapons carry license, and the judge of the probate court to whom a request for license renewal is made shall, within five business days following the receipt of the request, direct the law enforcement agency to request a nonfingerprint based criminal history records check from the Georgia Crime Information Center and Federal Bureau of Investigation for purposes of determining the suitability of the applicant and return an appropriate report to the judge of the probate court to whom a request for license renewal is made.
2. For both weapons carry license applications and requests for license renewals, the judge of the probate court shall within five business days following the receipt of the application or request also direct the law enforcement agency, in the same manner as provided for in subparagraph (B) of paragraph (1) of this subsection, to conduct a background check using the Federal Bureau of Investigation's National Instant Criminal Background Check System and return an appropriate report to the probate judge.
3. When a person who is not a United States citizen applies for a weapons carry license or renewal of a license under this Code section, the judge of the probate court shall direct the law enforcement agency to conduct a search of the records maintained by United States Immigration and Customs Enforcement and return an appropriate report to the probate judge. As a condition to the issuance of a license or the renewal of a license, an applicant who is in nonimmigrant status shall provide proof of his or her qualifications for an exception to the federal firearm prohibition pursuant to 18 U.S.C. Section 922(y).
4. The law enforcement agency shall report to the judge of the probate court within 20 days, by telephone and in writing, of any findings relating to the applicant which may bear on his or her eligibility for a weapons carry license or renewal license under the terms of this Code section. When no derogatory information is found on the applicant bearing on his or her eligibility to obtain a license or renewal license, a report shall not be required. The law enforcement agency shall return the application directly to the judge of the probate court within such time period. Not later than ten days after the judge of the probate court receives the report from the law enforcement agency concerning the suitability of the applicant for a license, the judge of the probate court shall issue such applicant a license or renewal license to carry any weapon unless facts establishing ineligibility have been reported or unless the judge determines such applicant has not met all the qualifications, is not of good moral character, or has failed to comply with any of the requirements contained in this Code section. The judge of the probate court shall date stamp the report from the law enforcement agency to show the date on which the report was received by the judge of the probate court. The judge of the probate court shall not suspend the processing of the application or extend, delay, or avoid any time requirements provided for under this paragraph.
Revocation, loss, or damage to license.
1. If, at any time during the period for which the weapons carry license was issued, the judge of the probate court of the county in which the license was issued shall learn or have brought to his or her attention in any manner any reasonable ground to believe the licensee is not eligible to retain the license, the judge may, after notice and hearing, revoke the license of the person upon a finding that such person is not eligible for a weapons carry license pursuant to subsection (b) of this Code section or an adjudication of falsification of application, mental incompetency, or chronic alcohol or narcotic usage. The judge of the probate court shall report such revocation to the Georgia Crime Information Center immediately but in no case later than ten days after such revocation. It shall be unlawful for any person to possess a license which has been revoked pursuant to this paragraph, and any person found in possession of any such revoked license, except in the performance of his or her official duties, shall be guilty of a misdemeanor.
2. If a person is convicted of any crime or otherwise adjudicated in a matter which would make the maintenance of a weapons carry license by such person unlawful pursuant to subsection (b) of this Code section, the judge of the superior court or state court hearing such case or presiding over such matter shall inquire whether such person is the holder of a weapons carry license. If such person is the holder of a weapons carry license, then the judge of the superior court or state court shall inquire of such person the county of the probate court which issued such weapons carry license, or if such person has ever had his or her weapons carry license renewed, then of the county of the probate court which most recently issued such person a renewal license. The judge of the superior court or state court shall notify the judge of the probate court of such county of the matter which makes the maintenance of a weapons carry license by such person to be unlawful pursuant to subsection (b) of this Code section. The Council of Superior Court Judges of Georgia and The Council of State Court Judges of Georgia shall provide by rule for the procedures which judges of the superior court and the judges of the state courts, respectively, are to follow for the purposes of this paragraph.
3. Loss of any license issued in accordance with this Code section or damage to the license in any manner which shall render it illegible shall be reported to the judge of the probate court of the county in which it was issued within 48 hours of the time the loss or damage becomes known to the license holder. The judge of the probate court shall thereupon issue a replacement for and shall take custody of and destroy a damaged license; and in any case in which a license has been lost, he or she shall issue a cancellation order. The judge shall charge the fee specified in subsection (k) of Code Section 15-9-60 for such services.
4. Any person, upon petition to the judge of the probate court, who has a weapons carry license or renewal license with more than 90 days remaining before the expiration of such weapons carry license or renewal license and who has had a legal name change, including, but not limited to, on account of marriage or divorce, or an address change shall be issued a replacement weapons carry license for the same time period of the weapons carry license or renewal license being replaced. Upon issuance and receipt of such replacement weapons carry license, the license holder shall surrender the weapons carry license being replaced to the judge of the probate court and such judge shall take custody of and destroy the weapons carry license being replaced. The judge of the probate court shall provide for the updating of any records as necessary to account for the license holder's change of name or address. The judge of the probate court shall charge the fee specified in paragraph (13) of subsection (k) of Code Section 15-9-60 for services provided under this paragraph.
Weapons carry license specifications.
1. Weapons carry licenses issued prior to January 1, 2012, shall be in the format specified by the former provisions of this paragraph as they existed on June 30, 2013.
2. On and after January 1, 2012, newly issued or renewal weapons carry licenses shall incorporate overt and covert security features which shall be blended with the personal data printed on the license to form a significant barrier to imitation, replication, and duplication. There shall be a minimum of three different ultraviolet colors used to enhance the security of the license incorporating variable data, color shifting characteristics, and front edge only perimeter visibility. The weapons carry license shall have a color photograph viewable under ambient light on both the front and back of the license. The license shall incorporate custom optical variable devices featuring the great seal of the State of Georgia as well as matching demetalized optical variable devices viewable under ambient light from the front and back of the license incorporating microtext and unique alphanumeric serialization specific to the license holder. The license shall be of similar material, size, and thickness of a credit card and have a holographic laminate to secure and protect the license for the duration of the license period.
3. Using the physical characteristics of the license set forth in paragraph (2) of this subsection, The Council of Probate Court Judges of Georgia shall create specifications for the probate courts so that all weapons carry licenses in this state shall be uniform and so that probate courts can petition the Department of Administrative Services to purchase the equipment and supplies necessary for producing such licenses. The department shall follow the competitive bidding procedure set forth in Code Section 50-5-102.
Alteration or counterfeiting of license; penalty. A person who deliberately alters or counterfeits a weapons carry license or who possesses an altered or counterfeit weapons carry license with the intent to misrepresent any information contained in such license shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for a period of not less than one nor more than five years.
Licenses for former law enforcement officers.
1. Except as otherwise provided in Code Section 16-11-130, any person who has served as a law enforcement officer for at least:
  1. Ten of the 12 years immediately preceding the retirement of such person as a law enforcement officer; or
  2. Ten years and left such employment as a result of a disability arising in the line of duty; and
    retired or left such employment in good standing with a state or federal certifying agency and receives benefits under the Peace Officers' Annuity and Benefit Fund provided for under Chapter 17 of Title 47 or from a county, municipal, State of Georgia, state authority, federal, private sector, individual, or educational institution retirement system or program shall be entitled to be issued a weapons carry license as provided for in this Code section without the payment of any of the fees provided for in this Code section.
2. Such person as provided for in paragraph (1) of this subsection shall comply with all the other provisions of this Code section relative to the issuance of such licenses, including, but not limited to the requirements under paragraph (2) of subsection (b) of this Code section. Any person seeking to be issued a license pursuant to this subsection shall state his or her qualifications for eligibility under this subsection on his or her application under oath as provided for in subsection (a) of this Code section.
3. As used in this subsection, the term "law enforcement officer" means any peace officer who is employed by the United States government or by the State of Georgia or any political subdivision thereof and who is required by the terms of his or her employment, whether by election or appointment, to give his or her full time to the preservation of public order or the protection of life and property or the prevention of crime. Such term shall include game wardens.
Temporary renewal licenses.
1. Any person who holds a weapons carry license under this Code section may, at the time he or she applies for a renewal of the license, also apply for a temporary renewal license if less than 90 days remain before expiration of the license he or she then holds or if the previous license has expired within the last 30 days.
2. Unless the judge of the probate court knows or is made aware of any fact which would make the applicant ineligible for a five-year renewal license, the judge shall at the time of application issue a temporary renewal license to the applicant.
3. Such a temporary renewal license shall be in the form of a paper receipt indicating the date on which the court received the renewal application and shall show the name, address, sex, age, and race of the applicant and that the temporary renewal license expires 90 days from the date of issue.
4. During its period of validity the temporary renewal license, if carried on or about the holder's person together with the holder's previous license, shall be valid in the same manner and for the same purposes as a five-year license.
5. A $1.00 fee shall be charged by the probate court for issuance of a temporary renewal license.
6. A temporary renewal license may be revoked in the same manner as a five-year license.
Applicant may seek relief. When an eligible applicant fails to receive a license, temporary renewal license, or renewal license within the time period required by this Code section and the application or request has been properly filed, the applicant may bring an action in mandamus or other legal proceeding in order to obtain a license, temporary renewal license, or renewal license. When an applicant is otherwise denied a license, temporary renewal license, or renewal license and contends that he or she is qualified to be issued a license, temporary renewal license, or renewal license, the applicant may bring an action in mandamus or other legal proceeding in order to obtain such license. Additionally, the applicant may request a hearing before the judge of the probate court relative to the applicant's fitness to be issued such license. Upon the issuance of a denial, the judge of the probate court shall inform the applicant of his or her rights pursuant to this subsection. If such applicant is the prevailing party, he or she shall be entitled to recover his or her costs in such action, including reasonable attorney's fees.
Data base prohibition. A person or entity shall not create or maintain a multijurisdictional data base of information regarding persons issued weapons carry licenses.
Verification of license. The judge of a probate court or his or her designee shall be authorized to verify the legitimacy and validity of a weapons carry license of a license holder pursuant to a subpoena or court order, for public safety purposes to law enforcement agencies pursuant to paragraph (40) of subsection (a) of Code Section 50-18-72, and for licensing to a judge of a probate court or his or her designee pursuant to paragraph (40) of subsection (a) of Code Section 50-18-72; provided, however, that the judge of a probate court or his or her designee shall not be authorized to provide any further information regarding license holders.

(a.1)Gun safety information.

Upon receipt of an application for a weapons carry license or renewal license, the judge of the probate court may provide applicants printed information on gun safety that is produced by any person or organization that, in the discretion of the judge of the probate court, offers practical advice for gun safety. The source of such printed information shall be prominently displayed on such printed information.

The Department of Natural Resources shall maintain on its principal, public website information, or a hyperlink to information, which provides resources for information on hunter education and classes and courses in this state that render instruction in gun safety. No person shall be required to take such classes or courses for purposes of this Code section where such information shall be provided solely for the convenience of the citizens of this state.

Neither the judge of the probate court nor the Department of Natural Resources shall be liable to any person for personal injuries or damage to property arising from conformance to this subsection.

(Ga. L. 1910, p. 134, §§ 2, 3; Code 1933, §§ 26-5104, 26-5105; Ga. L. 1960, p. 938, § 1; Code 1933, § 26-2904, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1976, p. 1430, § 4; Ga. L. 1978, p. 1607, §§ 1, 2; Ga. L. 1981, p. 946, § 1; Ga. L. 1981, p. 1325, § 1; Ga. L. 1983, p. 1431, § 1; Ga. L. 1984, p. 935, § 1; Ga. L. 1984, p. 1388, § 1; Ga. L. 1986, p. 305, § 1; Ga. L. 1986, p. 481, §§ 1, 2; Ga. L. 1990, p. 138, § 1; Ga. L. 1990, p. 2012, § 1; Ga. L. 1992, p. 6, § 16; Ga. L. 1994, p. 351, § 1; Ga. L. 1996, p. 108, §§ 3-5; Ga. L. 1997, p. 514, § 2; Ga. L. 2002, p. 1011, § 2; Ga. L. 2006, p. 264, § 1/HB 1032; Ga. L. 2008, p. 1199, § 6/HB 89; Ga. L. 2009, p. 453, § 3-2/HB 228; Ga. L. 2010, p. 963, § 1-7/SB 308; Ga. L. 2011, p. 752, § 16/HB 142; Ga. L. 2014, p. 599, § 1-7/HB 60; Ga. L. 2015, p. 805, § 6/HB 492; Ga. L. 2016, p. 864, § 16/HB 737; Ga. L. 2017, p. 509, § 1/SB 15; Ga. L. 2017, p. 555, § 6/HB 292; Ga. L. 2018, p. 1112, § 16/SB 365; Ga. L. 2019, p. 275, § 1/HB 33; Ga. L. 2019, p. 808, § 7/SB 72.)

The 2016 amendment, effective May 3, 2016, part of an Act to revise, modernize, and correct the Code, substituted "subparagraph (B) of paragraph (1) of this subsection" for "subparagraph (d)(1)(B) of this subsection" in the middle of paragraph (d)(2).

The 2017 amendments. The first 2017 amendment, effective July 1, 2017, substituted the present provisions of subsection (h) for the former provisions, which read: "Except as otherwise provided in Code Section 16-11-130, any person who has served as a law enforcement officer for at least ten of the 12 years immediately preceding the retirement of such person as a law enforcement officer shall be entitled to be issued a weapons carry license as provided for in this Code section without the payment of any of the fees provided for in this Code section. Such person shall comply with all the other provisions of this Code section relative to the issuance of such licenses. As used in this subsection, the term 'law enforcement officer' means any peace officer who is employed by the United States government or by the State of Georgia or any political subdivision thereof and who is required by the terms of his or her employment, whether by election or appointment, to give his or her full time to the preservation of public order or the protection of life and property or the prevention of crime. Such term shall include conservation rangers." The second 2017 amendment, effective May 8, 2017, added subsection (a.1); in paragraph (d)(4), substituted "20 days" for "30 days" near the middle of the first sentence, and added the last sentence; in paragraph (e)(2), substituted "otherwise adjudicated in a matter" for "involved in any matter" near the beginning of the first sentence; and added paragraph (e)(4).

The 2018 amendment, effective May 8, 2018, part of an Act to revise, modernize, and correct the Code, revised the designations in subsections (f) and (h).

The 2019 amendments. The first 2019 amendment, effective July 1, 2019, rewrote subsection (a). The second 2019 amendment, effective July 1, 2019, substituted "game wardens" for "conservation rangers" at the end of the second sentence in paragraph (h)(3).

Cross references.

- Bail recovery agents, § 17-6-56 et seq.

Exemption from section for private detectives and private security agents who hold firearms permits issued by Georgia Board of Private Detective and Security Agencies, § 43-38-10.

Inquiry regarding weapons carry license, Uniform Rules for the Superior Court of Georgia, Rule 48.

For application of this statute in 2020, see Executive Orders 05.08.20.01, 07.31.20.02, and 08.31.20.02.

A listing of Executive Orders issued in 2020 can be found at https://gov.georgia.gov/executive-action/executive-orders/2020-executive-orders.

Ga. L. 2008, p. 1199, § 1/HB 89, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Business Security and Employee Privacy Act.' "

Ga. L. 2010, p. 963, § 3-1/SB 308, not codified by the General Assembly, provides, in part, that the amendment of this Code section shall apply to all offenses committed on and after June 4, 2010, and shall not affect any prosecutions for acts occurring before June 4, 2010, and shall not act as an abatement of any such prosecution.

Ga. L. 2014, p. 599, § 1-1/HB 60, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Safe Carry Protection Act.'"

Ga. L. 2015, p. 805, § 6/HB 492, which amended this Code section, purported to amend subparagraph (b)(2)(A) but no changes were made, and also purported to amend paragraph (d)(1) but actually amended both paragraphs (d)(1) and (d)(2).

Ga. L. 2017, p. 555, § 1/HB 292, not codified by the General Assembly, provides that: "The General Assembly finds that:

"(1) The ownership of firearms is a clear and explicit right protected by the United States Constitution and the Constitution of this state;

"(2) Access to financial services provides for the functioning of a firearms industry and, thus, the constitutionally protected right of firearm ownership; and

"(3) The provisions of this Act are intended to implement the constitutional protections provided for under the law."

Law reviews.

- For article recommending more consistency in age requirements of laws pertaining to the welfare of minors, see 6 Ga. St. B.J. 189 (1969). For article, "Crimes and Offenses," see 27 Ga. St. U.L. Rev. 131 (2011). For annual survey on wills, trusts, guardianships, and fiduciary administration, see 65 Mercer L. Rev. 295 (2013). For article on the 2014 amendment of this Code section, see 31 Ga. St. U.L. Rev. 47 (2014). For annual survey on criminal law, see 68 Mercer L. Rev. 93 (2016). For note on the 1994 amendment of this Code section, see 11 Ga. St. U.L. Rev. 124 (1994). For review of 1996 offenses against public order and safety legislation, see 13 Ga. St. U.L. Rev. 123 (1996). For comment on Johnson v. Wright, 509 F.2d 828 (5th Cir. 1975), see 27 Mercer L. Rev. 1207 (1976).

JUDICIAL DECISIONS

Legislative intent behind 1976 amendment (Ga. L. 1976, pp. 1430, 1433) was to require, after July 1, 1976, that any information as to identification of a weapon be treated as "nonpertinent and irrelevant." Holtzendorf v. State, 146 Ga. App. 823, 247 S.E.2d 599 (1978).

Intent of 1976 amendment to former Code 1933, § 26-2904 (see now O.C.G.A. § 16-11-129) was that section not require registration of firearms until former licenses expired. Holtzendorf v. State, 146 Ga. App. 823, 247 S.E.2d 599 (1978).

There is no conflict between former Code 1933, §§ 26-2902 and 26-2904 (see now O.C.G.A. § 16-11-127 and O.C.G.A. § 16-11-129). Byrdsong v. State, 245 Ga. 336, 265 S.E.2d 15 (1980).

Paragraph (b)(3) superseded.

- Clear impact of O.C.G.A. § 16-11-131(b) and (c) is to implicitly repeal O.C.G.A. § 16-11-129(b)(3). Fain v. State, 259 Ga. 708, 386 S.E.2d 144 (1989).

Provision in O.C.G.A. § 16-11-129(b)(4) that probate court can require applicants to sign a waiver authorizing mental hospitals and drug and alcohol treatment centers to inform court whether applicant had been an inpatient within the past five years is allowed because the court needs these facts in order to make an informed decision to grant or deny applicant a license to carry a gun. Propst v. McCurry, 252 Ga. 56, 310 S.E.2d 914 (1984).

Statute not unconstitutional.

- O.C.G.A. § 16-11-129, which regulated the ability of citizens to carry a weapon in public, was justified by the goal to protect the safety of individuals who are in public places, which was a legitimate and compelling government interest. The statute was not unconstitutional as applied to an applicant who pled nolo contendre to violent felonies in Florida more than 20 years earlier, under either U.S. Const., amend. II or Ga. Const. 1983, Art. I, Sec. I, Para. VIII. Hertz v. Bennett, 294 Ga. 62, 751 S.E.2d 90 (2013).

Controlling law.

- Trial court properly granted the defendant's motion to dismiss the complaint, seeking a judgment declaring that it was not a crime for a person with a weapons carry license to carry a firearm within a school safety zone, because the language of the house bill at issue, codified in O.C.G.A. § 16-11-127.1, was controlling law and prohibited such conduct. GeorgiaCarry.Org, Inc. v. Code Revision Commission, 299 Ga. 896, 793 S.E.2d 35 (2016).

Organization lacked standing.

- Because an applicant's claim was moot since the applicant received a new weapons license and an organization lacked standing, it was incumbent upon the trial court to enter an order dismissing the organization's claims instead of granting the organization summary judgment. GeorgiaCarry.Org, Inc. v. James, 298 Ga. 420, 782 S.E.2d 284 (2016).

Suit challenging carrying a weapon in a school safety zone properly dismissed.

- Trial court properly dismissed the plaintiff's suit challenging the enforcement of O.C.G.A. § 16-11-127.1(b)(1), making it a crime to carry a firearm in a school safety zone, by the school that the plaintiff's child attended because the school had sovereign immunity against state law claims and the threat of arrest if the plaintiff brought a weapon in the school safety zone did not constitute a Fourth Amendment violation to be remedied by the suit. Evans v. Gwinnett County Public Schools, 337 Ga. App. 690, 788 S.E.2d 577 (2016).

Mandamus for weapons carry license.

- Superior court did not err by granting appellee a writ of mandamus and directing appellant judge to issue appellee a Georgia weapons carry license because appellee properly brought the mandamus action following the denial of the application and the appellee was not required to request a hearing with a probate judge before pursuing the extraordinary remedy of mandamus as the plain language of O.C.G.A. § 16-11-129 authorized an applicant to file a mandamus action as a first response. Bordeaux v. Hise, 355 Ga. App. 688, 845 S.E.2d 408 (2020).

Burden of proof.

- Defendant charged with carrying a concealed weapon has the burden of proving that defendant had a valid permit authorizing defendant to carry a handgun in a motor vehicle. London v. State, 235 Ga. App. 30, 508 S.E.2d 247 (1998).

First offender prohibited from obtaining permit.

- Provision of O.C.G.A. § 16-11-129(b), prohibiting the granting of a pistol permit to a person convicted as a first offender for possession of a controlled substance, applied prospectively to an applicant who had been discharged as a first offender five years before enactment of the provision. Foss v. Probate Court of Chatham County, 232 Ga. App. 612, 502 S.E.2d 278 (1998).

License issued by probate court of county of former residence does not satisfy requirements. Asberry v. State, 142 Ga. App. 51, 234 S.E.2d 847 (1977).

Possession of license under O.C.G.A. § 16-11-129 did not dispense with municipal ordinance requirement that a certificate be obtained prior to the sale of a handgun. Montgomery Ward & Co. v. Cooper, 177 Ga. App. 540, 339 S.E.2d 755 (1986).

Nonpertinent or irrelevant information.

- When plaintiff gun permit applicant's complaint alleged that to apply for a Georgia Firearms License, the applicant had to supply the applicant's employment information in violation of O.C.G.A. § 16-11-129 because the applicant's employment information was nonpertinent or irrelevant under § 16-11-129(a), dismissing that claim as moot after a temporary restraining order (TRO) required defendant agency official to process the application without the applicant's social security number, was error; the state law claim for prospective relief - enjoining the official from requiring employment information - was not moot. Camp v. Cason, F.3d (11th Cir. Mar. 23, 2007)(Unpublished).

Evidence of bad character.

- Gun ownership, and carrying such a weapon, do not by themselves impute bad character. Gomillion v. State, 236 Ga. App. 14, 512 S.E.2d 640 (1999).

Right to weapons carry license restored.

- When the Georgia Board of Pardons and Paroles restored "all" of the applicant's civil rights and removed "all" disabilities imposed on the applicant by Georgia law, it was apparent that the applicant regained any right to keep and bear arms that the applicant had lost as a result of a felony moonshining conviction, and the applicant was not subject to the disabilities to obtain a weapons carry license and possess firearms that otherwise would have applied to the applicant under O.C.G.A. §§ 16-11-129 and16-11-131(b). Ferguson v. Perry, 292 Ga. 666, 740 S.E.2d 598 (2013).

After 18-year-old defendant admitted possession, the evidence was sufficient to convict defendant of carrying a pistol without a license since no license to carry a pistol can be issued to any person under 21 years of age. Waugh v. State, 218 Ga. App. 301, 460 S.E.2d 871 (1995).

Sovereign immunity barred suit brought by organization.

- Trial court did not err in finding that sovereign immunity barred the appellants' request for declaratory relief against a judge in the judge's official capacity because the trial court made no finding about whether the appellants' request for a writ of mandamus would be barred by sovereign immunity as the court dismissed the mandamus claims as moot and the entire action asserted by the open carry organization since the entity lacked standing to bring that action. GeorgiaCarry.Org, Inc. v. Bordeaux, 352 Ga. App. 399, 834 S.E.2d 896 (2019).

Suit against judge in individual capacity for failing to timely process license.

- Trial court erred in holding that there was no claim against a judge in the judge's individual capacity because the appellants alleged that by failing to process weapons carry licenses within the time allowed by law, the judge violated O.C.G.A. § 16-11-129(d)(4) and the Georgia Supreme Court ruled that when state officers or agents are sued personally, the suit was generally maintainable for acts done in violation of a statute. GeorgiaCarry.Org, Inc. v. Bordeaux, 352 Ga. App. 399, 834 S.E.2d 896 (2019).

Discretion of probate judge.

- Because a probate court may only issue a Georgia firearms license if no disqualifying or derogatory information is discovered as a result of background checks conducted by the Georgia Bureau of Investigation, the FBI, or the U.S. Bureau of Immigrations and Customs Enforcement, the 60-day period for issuing a license under O.C.G.A. § 16-11-129(d)(4) is extended by the statute itself when necessary to accommodate any delays that reasonably may be attributed to the investigative process. Moore v. Cranford, 285 Ga. App. 666, 647 S.E.2d 295 (2007), cert. denied, 2007 Ga. LEXIS 706 (Ga. 2007).

Cited in Coleman v. State, 163 Ga. App. 173, 293 S.E.2d 395 (1982); Luke v. State, 178 Ga. App. 614, 344 S.E.2d 452 (1986); Moore v. Nelson, 394 F. Supp. 2d 1365 (M.D. Ga. 2005); Moore v. State, 286 Ga. App. 313, 649 S.E.2d 337 (2007); GeorgiaCarry.Org, Inc. v. Atlanta Botanical Garden, Inc., 306 Ga. 829, 834 S.E.2d 27 (2019); Johnson v. State, 308 Ga. 141, 839 S.E.2d 521 (2020).

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, opinions under former Code 1933, §§ 26-5104 and 26-5105 are included in the annotations for this Code section.

Public interest underlying section.

- Former Code 1933, § 26-2904 (see now O.C.G.A. § 16-11-129) concerns public interest, since its objective is to avoid unrestrained carrying of firearms outside of homes or places of business. 1975 Op. Att'y Gen. No. U75-10.

Permit to carry pistol issued by another state is not recognized in Georgia. 1957 Op. Att'y Gen. p. 143 (rendered under former Code 1933, §§ 26-5104, 26-5105).

There is no restriction against carrying an unloaded shotgun in a vehicle through this state. 1970 Op. Att'y Gen. No. U70-30.

Discretion of probate court judge in considering application for firearms permit.

- The judge of the probate court, in considering an application for a firearms permit under O.C.G.A. § 16-11-129, has no discretion to exercise, but must issue the permit unless provided with information indicating the disqualification of the applicant. 1989 Op. Att'y Gen. U89-21.

Probate judge's authority under former Code 1933, § 26-2904 (see now O.C.G.A. § 16-11-129(a)) was permissive, not mandatory. 1972 Op. Att'y Gen. No. U72-112.

Discretionary meaning of word "may" in former Code 1933, § 26-2904 (see now O.C.G.A. § 16-11-129) was revitalized and strengthened when viewed along with former Code 1933, § 26-2904 (see now O.C.G.A. § 16-11-129(b)) which used word "shall" in regard to what a probate court judge must do when granting a license for a handgun; having both words "may" and "shall" used in that section, and in an almost side-by-side way, restores permissive or discretionary use of word "may." 1975 Op. Att'y Gen. No. U75-10.

Probate judge has discretion regarding issuance of more than one permit to an individual.

- Former Code 1933, § 26-2904 (see now O.C.G.A. § 16-11-129) gives discretionary authority to probate court judge in county to determine whether or not to issue more than one license per person to carry a handgun in the county; further, a probate court judge has a duty to guard against having any one individual in the county becoming a threat to the community by issuing numerous permits to any one citizen. 1975 Op. Att'y Gen. No. U75-10.

Validity of license based on county residence.

- Person possesses a valid handgun license only when the handgun is issued in the person's county of present residence. When the holder of a handgun license changes the person's county of legal residence, the person must apply for a new license in the person's county of present residence, and the application should be processed as a first-time application pursuant to O.C.G.A. § 16-11-129(c)(2) (paragraph (c)(2) deleted in 2006). 1985 Op. Att'y Gen. No. U85-49.

Word "resident" as used in former Code 1933, § 26-2904 (see now O.C.G.A. § 16-11-129) meant domicile. 1976 Op. Att'y Gen. No. U76-71.

Demonstration of domiciliary intent is necessary for issuance of license.

- General Assembly did not intend for probate judges to issue handgun licenses to every individual who passes through state for short period of time, but rather has extended this privilege to those individuals in this state who have demonstrated domiciliary intent and are known to be responsible citizens in their respective counties. 1981 Op. Att'y Gen. No. U81-26.

Considerations in determining residency.

- In making determination as to whether an individual is a resident, evidence of whether the individual pays Georgia income taxes and/or property taxes, which county the individual resides in, and what county the individual is registered to vote in should be considered. 1981 Op. Att'y Gen. No. U81-26.

"Resident" requirement precludes issuance of permit to persons merely working or doing business in county.

- As used in O.C.G.A. § 16-11-129, term "resident" means actual physical residence with intent to remain a resident. This precludes issuance of firearm permit to those persons who merely work or do business in county. 1981 Op. Att'y Gen. No. U81-26.

Military personnel generally not residents of county in which military installation is situated.

- One residing on military reservation does not qualify as resident of county in which military installation is situated, unless he or she has previously declared Georgia as his or her legal residence prior to moving onto reservation; military members residing off base would not be residents within meaning of former Code 1933, § 26-2904 (see now O.C.G.A. § 16-11-129) unless they intend to make Georgia their legal residence, and the county in which they were residing their place of domicile. 1976 Op. Att'y Gen. No. U76-71 (rendered prior to 1996 amendment).

Licensing foreign nationals.

- Probate judge may issue a firearm license to a qualified foreign national who is domiciled in the county over which the judge presides. 1985 Op. Att'y Gen. No. U85-15.

Former Code 1933, § 26-2904 (see now O.C.G.A. § 16-11-129) did not require recording of any portion of application to carry a handgun. 1976 Op. Att'y Gen. No. U76-33; 1981 Op. Att'y Gen. No. U81-47.

Only written memorial necessary to be kept in discharge of duties imposed by former Code 1933, § 26-2904 (see now O.C.G.A. § 16-11-129) was name of licensee and date of issuance of permit. 1981 Op. Att'y Gen. No. U81-47.

Only name of permit holder and date of permit issuance are matters of public record. 1981 Op. Att'y Gen. No. U81-47.

Although law enforcement agency check exceeds 60 days, license cannot issue prior to its return.

- In light of 60-day provision in former Code 1933, § 26-2904 (see now O.C.G.A. § 16-11-129), the background check by a law enforcement agency is an essential condition precedent to issuing of license by probate judge to an applicant; the General Assembly never intended for a probate judge to issue a license until the judge had received a report from the respective law enforcement agency conducting the background check; therefore, a probate judge may not issue a pistol permit prior to return of law enforcement agency check should such check exceed 60 days as provided by law. 1978 Op. Att'y Gen. No. U78-45.

Entitlement to fee for processing applications.

- Law enforcement agency is entitled to a fee for processing applications for a license to carry a pistol or revolver when a background investigation is performed by accessing the records of the Georgia Crime Information Center. 1985 Op. Att'y Gen. No. U85-16.

Information obtained pursuant to criminal history check is confidential.

- Information obtained pursuant to criminal history background check, required by O.C.G.A. § 16-11-129, from taking of fingerprints and checking of these fingerprints with those presently on file with Georgia Crime Information Center is of a confidential nature and prohibited from public disclosure. 1981 Op. Att'y Gen. No. U81-47.

Disclosure of confidential information would be unlawful.

- Disclosure of information obtained by local law enforcement agencies from Georgia Crime Information Center in conducting criminal history check would violate law and regulations governing dissemination of information contained in Georgia Crime Information Center's files, and would discourage voluntary compliance with the licensing provisions of O.C.G.A. § 16-11-129. 1981 Op. Att'y Gen. No. U81-47.

Effect of suspension of processing of nonfederal applicant fingerprint cards by FBI.

- Suspension of processing of nonfederal applicant fingerprint cards by FBI limits processing of applicants for permits to carry a firearm to criminal history information available from Georgia Crime Information Center and local law enforcement agencies, but does not change procedure for processing applications. 1981 Op. Att'y Gen. No. 81-97.

Carrying pistol or revolver at shopping mall.

- Person who has properly obtained a license to carry a pistol or revolver under O.C.G.A. § 16-11-129 may legally carry a pistol or revolver at a shopping mall without violating O.C.G.A. § 16-11-127, which prohibits the carriage of firearms to or while at a public gathering. 1984 Op. Att'y Gen. No. U84-37.

Private detectives and security guards may carry firearms while on duty or en route only when issued a permit from the Georgia Board of Private Detective and Security Agencies. 1986 Op. Att'y Gen. 86-22.

Former Code 1933, § 26-2914 (see now O.C.G.A. § 16-11-131) was only an additional qualification to requirements presently provided for under former Code 1933, § 26-2904 (see now O.C.G.A. § 16-11-129(b)(3)). 1980 Op. Att'y Gen. No. U80-32.

Discharge under First Offender Act prevents operation of disabilities.

- Applicant for license to carry a pistol or revolver under former Code 1933, § 26-2904 (see now O.C.G.A. § 16-11-129) who has successfully completed, or who has been released prior to termination of the probationary period under the First Offender Act (O.C.G.A. Art. 3, Ch. 8, T. 42), does not have to be free from all restraint or supervision for a specified period of years before applying for a pistol permit, since successful completion of period of probation has resulted in there being no adjudication of guilty and, therefore, no conviction. 1978 Op. Att'y Gen. No. U78-21.

Plea of nolo contendere to felony is not a statutory disqualification for a pistol license.

- Plea of nolo contendere to felony was not deemed plea of guilty to that felony, so as to prevent individual from qualifying for license to carry a pistol under former Code 1933, § 26-2904 (see now O.C.G.A. § 16-11-129), however, probate judge might be able to deny a permit under such circumstances in view of the judge's discretion under subsection (a). 1974 Op. Att'y Gen. No. U74-67.

Plea of nolo contendere to drug violation as disqualification.

- Person charged with a violation of the Georgia Controlled Substances Act, O.C.G.A. § 16-13-20 et seq., who has tendered a plea of nolo contendere to the charges, when such plea has been accepted by the trial court, has been convicted of that offense for the purposes of consideration of an application for a firearms permit, and is thus statutorily ineligible for the issuance of such a permit. 1991 Op. Att'y Gen. U91-11.

Conviction arising out of the possession of marijuana precludes an applicant from obtaining a license to carry a pistol or revolver. 1997 Op. Att'y Gen. No. U97-29.

Relief by pardon applies to disabilities upon individuals within coverage of paragraph (b)(3).

- Relief by pardon applies to those disabilities placed upon persons who have been convicted of felony or forcible misdemeanor and who are seeking to secure a license to carry a pistol under former Code 1933, § 26-2904 (see now O.C.G.A. § 16-11-129). Op. Att'y Gen. No. U71-10.

Arrest while in drunken condition and carrying pistol in full view. 1952-53 Op. Att'y Gen. p. 50 (rendered under former Code 1933, §§ 26-5104, 26-5105).

Renewing license requires going through same procedures as for applying for license for first time. 1980 Op. Att'y Gen. No. U80-9 (rendered prior to 1983 amendment).

Fingerprinting not required.

- Offenses arising from a violation of subsection (e) of O.C.G.A. § 16-11-129 does not appear to be an offense for which fingerprinting is required. 2010 Op. Att'y Gen. No. 10-6.

RESEARCH REFERENCES

Am. Jur. 2d.

- 79 Am. Jur. 2d, Weapons and Firearms, §§ 4, 8, 26, 34.

C.J.S.

- 94 C.J.S., Weapons, § 56.

ALR.

- Who is entitled to carry concealed weapons, 51 A.L.R.3d 504.

Judicial review of state or local administrative order approving, denying, or revoking permit or license to carry, possess, or own firearm, 91 A.L.R.6th 435.

Construction and application of state statutes and local ordinances regulating licenses or permits to carry concealed weapons, 12 A.L.R.7th 4.

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