Frequently Asked Questions
Firearms
Places Off Limits
I Do Not Have A Firearms License. What Can I Do?
Employer/Employee
Method of Carry
Licensing
Q: I just moved to Georgia. Where do I register my handgun?
A: Welcome to Georgia! There is no handgun registration here. People are sometimes surprised to learn that only 6 states have handgun registration. Georgia is not one of them.
Q: Are “machine guns, silencers, and sawed off shotguns” illegal in Georgia?
A: No. not so long as they are registered under the requirements of the National Firearms Act.
Q: What about “high capacity” magazines?
A: Do you mean normal capacity magazines? Georgia has no law reducing the capacity of magazines for firearms.
Places Off Limits
For those with a GFL or vistiting Georgia with a reciprocal permit
Q: Can I carry to or at church?
A: No. In fact, you cannot even have a firearm in your glovebox in your car in the parking lot during services. Churches and “church functions” are specifically listed in the public gathering law, Code section 16-11-127, as places where it is illegal to carry a firearm “to or while at.” You will note that “to” is different from “while at,” so that it is illegal to carry a firearm “to” church. The courts have expanded the definition of public gathering to include the parking lot of a public gathering and leaving a firearm in a car off premises up to 200 yards away.
Q: What is a public gathering?
A: Good question! The short answer is, “Who knows?”
A less flippant answer is that the public gathering law, O.C.G.A. § 16-11-127, has a specific list of places that are off limits. Unfortunately for us, the definition of a public gathering “includes, but is not limited to” the list, so there are other places off limits. The list is:
- athletic or sporting events
- churches or church functions
- political rallies or functions
- publicly owned or operated buildings
- establishments at which alcoholic beverages are sold for consumption on the premises and which derive less than 50 percent of their total annual gross food and beverage sales from the sale of prepared meals or food.
Beyond the five places listed, a public gathering is any place that the public “is gathered or may gather for a particular function.” State v. Burns. Some places that have been held to be a public gathering by courts include the parking lot of a public gathering, a crowd of bored teenagers in a parking lot, the parking lot of an auto auction. Hubbard v. State, Jordan v. State. The only place that has been held not to be a public gathering in a reported appellate case is McDonalds. State v. Burns.
There has been a great deal of debate over whether movie theaters are public gatherings. The lawyers in GCO tend to believe that movie theaters fit the case law definition of a public gathering, while some GCO members report openly carrying pistols in movie theaters in the presence of police officers without being arrested.
The truth is, nobody seems to know what is a public gathering, including police officers, prosecutors, and courts, so please exercise caution while carrying a firearm or other weapon near a crowd.
Please make sure to read the history of why Georgia has a public gathering law. It is not what you think.
Q: Can I carry at Applebee’s or [insert other restaurant here]?
A: HB89 (effective July 1, 2008) removed the restriction for GFL holders carrying to or at restaurants which derive 50 percent or more of their total annual gross food and beverage sales from the sale of prepared meals or food, so long as you do not consume alcohol while carrying in the restaurant. However, individual restaurant owners have the option of asking you to leave their establishment if they do not wish for you to carry there. If you refuse to leave you may be prosecuted for trespassing.
Q: How do I know if [restaurant X] is off limits? They sell a lot of beer\wine\liquor there, especially during football\baseball season.
A: Most restaurants in Georgia that serve alcohol make 50% or more of their annual gross food and beverage sales from the sale of prepared food. One test that can be applied state wide; if they are open for business on Sunday (whether they serve that day or not) they are a restaurant and not a bar or tavern, so by definition they make at least 50% of their gross food and beverage sales from food. Some restaurants may elect to be closed on Sunday, but if they are open on Sunday they must meet the 50% food sales rule.
Q: Can I carry at a State Park, Historic Area, or Wildlife Management Area?
A: Yes, including the publicly owned/operated buildings that are on those lands.
Q: Can I carry in a city or county park?
A: Yes! GCO fought battles with several cities and counties over this issue, and has been victorious each time. State law preempts local ordinances on this issue. Be careful, however, that you do not carry a handgun “to or while at” a public gathering in a local park.
Q: What about the buildings in a city or county park?
A: Ironically, it is a crime to carry into the restrooms or other buildings in a city or county park, because they are publicly owned or operated. When you visit a city or county park while legally armed, you must “hold it” or ruin your pants.
Q: I heard GCO’s President state that it is illegal to carry into the restrooms at interstate rest areas. Is this true?
A: Yes. These are publicly owned or operated buildings and are therefore specifically listed as public gatherings. We hope the ones you visit are safe.
Q: What if a business posts a sign stating “No Firearms?”
A: While there is no law against carrying a firearm into a business that posts such a sign, GCO encourages its members to respect the private property owner’s wishes. Why support such a business with your hard-earned money? There are plenty of businesses that support your right to bear arms. They are more deserving of your support.
Should a business owner or his agent ask you to leave while you are carrying a firearm, do so immediately, or as soon as reasonably possible. Failure to leave within a reasonable time, or refusing to leave, is a criminal offense known as “criminal trespass.” In addition, please maintain a polite demeanor so as to project a good image of yourself and other GCO members to the business owner and any witnesses.
Q: I am a GCO member, and I own a restaurant. Am I required to allow everyone to carry a firearm on my property?
A: No. See the question and answer immediately above this one. In addition, please see the Employer/Employee section.
Q: Can I carry on a Greyhound bus?
A: No, they are off limits due to federal law. (18 U.S.C. 922 (e))
Q: May I carry at school?
A: No! Georgia law provides that possessing a weapon within 1,000 feet of a school is a felony, punishable by up to ten years in prison. There are numerous exceptions, however, and the most relevant are: A person with a firearms license may carry a firearm while dropping off or picking up a student. Off of the actual school property, a non-student may possess a firearm while in a vehicle in transit through the school zone, and any person residing in a school zone or conducting lawful business in a school zone (not on school property) may possess a firearm. In addition, teachers and other school personnel may keep a firearm locked in a locking compartment of a motor vehicle while parked on campus.
A school in Georgia includes public and private schools, colleges, and technical schools.
Q: Can I carry at Stone Mountain Park?
A: Yes. GCO filed a lawsuit against the Stone Mountain Memorial Association. As a result they no longer have a local ordinance prohibiting carry at the park.
I Do Not Have a Firearms License. What Can I Do?
Q: I don’t have a GFL. Can I carry in my car?
A: If you are eligible for a firearms license, then you may carry a firearm anywhere inside your vehicle, concealed or openly. You may not carry a firearm in a car belonging to another person.
Q: Can I carry in my house?
A: Yes. In Georgia a firearms license is required only to carry a firearm outside of “his own” home, car, or place of business. You may not carry a firearm inside another person’s house, even with their permission.
Q: Can I carry a handgun openly, without concealing it?
A: No! Georgia is one of the minority of states that requires a firearms license to carry a pistol openly outside of your home, car, or place of business.
Please be sure to read the history of Georgia’s licensing law and find out why a license is required to carry a handgun openly. It is not what you think.
Q: Can I have a gun in my car while I am at work?
A: Maybe. HB89 includes language to allow this for some situations, but also includes a number of exceptions. It also asserts that Georgia is still an Employment at Will state meaning employers retain the right to fire you with little or no cause. In summary, you may keep a firearm locked out of sight in your car while at work if your parking lot is open to the general public and you possess a firearms license. Your employer generally may not maintain a policy requiring you to submit to a search of your vehicle or barring you from keeping a firearm in your locked vehicle, out of sight. If your parking lot is controlled-access, then these legal protections do not apply. In addition, there are numerous businesses that are exempt from this law.
Q: Do I need to carry my firearm concealed or may I carry openly?
A: Under the law, a firearms license holder may carry a firearm openly or concealed in any location that is not off limits. However:
It is quite possible that a given law enforcement officer in a given jurisdiction may not have been properly briefed on (or may not have understood) the changes in the law brought about by HB89 and thus may still choose to challenge or even arrest someone carrying openly in the new locations, believing they are doing the right thing under the law. The legality of detaining people openly carrying firearms is the subject matter of two federal lawsuits filed by GCO.
Should you choose to openly carry a handgun, please be aware of the image you present to the public while doing so. They vote.
Q: Do I have to use a holster?
A: Georgia law requires the use of a holster or “hip grip” device when carrying concealed (a similar device to the hip grip is a belt clip).
Q: Can I use an ankle or pocket holster?
A: Yes, you can conceal with any type of holster.
Licensing
Q: Where do I go to apply for a firearms license?
A: You apply for a firearms license at your county Probate Court.
Q: What background checks are performed on firearms license applicants?
A: An applicant for a firearms license must submit to one state and two federal criminal background checks. Two of these checks (GCIC and NCIC) are fingerprint based. In addition, the probate judge may check the mental health, drug, or alcohol addiction records of the Georgia Department of Human Resources. There are additional checks for Georgia residents who are not United States citizens.
Q: My background check is taking several months, how can I check on the progress?
A: We have created a page to answer just this question: Trust but Verify.
Q: I was convicted of a misdemeanor marijuana charge in 1970, when I was 17. I have had a clean record since then. I am now over 55 years old. Can I obtain a license?
A: Sorry, but you are prohibited from obtaining a GFL for life, unless the General Assembly changes the law.
Q: I was convicted of a non-drug related felony years ago. I have had a clean record since then. What can I do to get my firearms rights back?
A: Contact the office that is in charge of granting pardons in the state you were convicted in. If it was Georgia that is the State Board of Pardons and Paroles.
Q: How many GFL holders are there?
A: Currently there are approximately 300,000 GFL holders throughout the state, according to the Judicial Council of Georgia’s Administrative Office of the Courts. That number appears to be significantly increasing each year.
Q: Must I be a Georgia resident to apply?
A: Yes. Military personnel and their families may apply while stationed in Georgia even though their home of record is elsewhere.
Q: I just moved from Gwinnett County to Fulton County. Do I need to change the address on my license?
A: No. The license is good no matter where you move, even if you move outside the State of Georgia.
Q: My license is lost or stolen. Must I reapply?
A: No. If you report the loss within 48 hours of when you realized it was missing to the probate court, then the probate court must issue you a new license for an $5.00 fee.
Q: I am in the military, do I have to get a Georgia Firearms License?
A: No. You are exempt the same way as police officers are. Your military ID is your proof of exemption from needing a GFL to carry. If you want to carry into nearby states and/or be exempt from a NICS check when purchasing firearm from a dealer then you should get a GFL.
Q: I just moved to GA from another state with a valid firearms license, can I carry in GA with it?
A: Once you are considered to be a GA resident (you have a GA Drivers License), you must carry with a GA Firearms License.
Q: I often visit GA and want to carry a firearm while there, but GA does not honor the license issued by my state, what can I do?
A: Obtain a non-resident permit from a state GA does honor, such as Florida.
Q: I’m just curious to know if the perscription drug Paxil or Xanex would prevent a person from getting a GFL?
A: No, it should not prevent you from obtaining a license. The only portion of the statute (16-11-129) even loosely pertaining to such issues is the subsection on inpatient treatment for mental health or alcohol or drug treatment. This subsection is more restrictive than federal law, but it does not address any outpatient treatment.
(b)(4) Any individual 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. The probate judge 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 a license to carry a pistol or revolver should be issued. When such a waiver is required by the probate judge, the applicant shall pay to the probate judge 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 Human Resources, which the probate 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 probate 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 license or renewal license;
