Required Possession of Weapons Carry License or Proof of Exemption When Carrying a Weapon; Detention for Investigation of Carrying Permit

  1. Law
  2. Georgia Code
  3. Crimes and Offenses
  4. Offenses Against Public Order and Safety
  5. Dangerous Instrumentalities and Practices
  6. Carrying and Possession of Firearms
  7. Required Possession of Weapons Carry License or Proof of Exemption When Carrying a Weapon; Detention for Investigation of Carrying Permit

Checkout our iOS App for a better way to browser and research.

  1. Every license holder shall have his or her valid weapons carry license in his or her immediate possession at all times when carrying a weapon, or if such person is exempt from having a weapons carry license pursuant to Code Section 16-11-130 or subsection (c) of Code Section 16-11-127.1, he or she shall have proof of his or her exemption in his or her immediate possession at all times when carrying a weapon, and his or her failure to do so shall be prima-facie evidence of a violation of the applicable provision of Code Sections 16-11-126 through 16-11-127.2.
  2. A person carrying a weapon shall not be subject to detention for the sole purpose of investigating whether such person has a weapons carry license.
  3. A person convicted of a violation of this Code section shall be fined not more than $10.00 if he or she produces in court his or her weapons carry license, provided that it was valid at the time of his or her arrest, or produces proof of his or her exemption.

(Code 1981, §16-11-137, enacted by Ga. L. 2014, p. 432, § 1-2/HB 826; Code 1981, §16-11-137, enacted by Ga. L. 2014, p. 599, § 1-10/HB 60.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2014, the enactment of this Code section by Ga. L. 2014, p. 432, § 1-2/HB 826, was treated as impliedly repealed and superseded by Ga. L. 2014, p. 599, § 1-10/HB 60, due to irreconcilable conflict.

Editor's notes.

- 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.'"

Law reviews.

- For article on the 2014 amendment of this Code section, see 31 Ga. St. U.L. Rev. 47 (2014).

JUDICIAL DECISIONS

Cited in Johnson v. State, 308 Ga. 141, 839 S.E.2d 521 (2020).

RESEARCH REFERENCES

Am. Jur. 2d.

- 79 Am. Jur. 2d, Weapons and Firearms, § 10 et seq.


Download our app to see the most-to-date content.