2022 Georgia Code
Title 16 - Crimes and Offenses
Chapter 11 - Offenses Against Public Order and Safety
Article 4 - Dangerous Instrumentalities and Practices
Part 3 - Carrying and Possession of Firearms
§ 16-11-126. Having or Carrying Handguns, Long Guns, or Other Weapons; Exceptions for Homes, Motor Vehicles, Private Property, and Other Locations and Conditions; Unlawful Carrying of a Weapon

1. Any person who is not prohibited by law from possessing a handgun or long gun may have or carry on his or her person a weapon or long gun on his or her property or inside his or her home, motor vehicle, or place of business.
2. Any person who is not prohibited by law from possessing a handgun or long gun may have or carry on his or her person a long gun.
3. Any person who is a lawful weapons carrier may transport a handgun or long gun in any private passenger motor vehicle; provided, however, that private property owners or persons in legal control of private property through a lease, rental agreement, licensing agreement, contract, or any other agreement to control access to such private property shall have the right to exclude or eject a person who is in possession of a weapon or long gun on their private property in accordance with paragraph (3) of subsection (b) of Code Section 16-7-21, except as provided in Code Section 16-11-135.
4. 1. Any person licensed to carry a weapon in any other state shall be authorized to carry a weapon in this state; provided, however, that:
      1. Such licensee licensed to carry a weapon in any other state shall carry the weapon in compliance with the laws of this state; and
      2. No other state shall be required to recognize and give effect to a license issued pursuant to this part that is held by a person who is younger than 21 years of age.
   2. 1. The Attorney General shall create and maintain on the Department of Law’s website a list of states whose laws recognize and give effect to a license issued pursuant to this part.
      2. The Attorney General shall enter into an agreement with any state that requires an agreement to recognize and give effect to a license issued pursuant to this part.
5. 1. Any person with a valid hunting or fishing license on his or her person, or any person not required by law to have a hunting or fishing license, who is engaged in legal hunting, fishing, or sport shooting when the person has the permission of the owner of the land on which the activities are being conducted may have or carry on his or her person a weapon or long gun while hunting, fishing, or engaging in sport shooting.
   2. Any person with a valid hunting or fishing license on his or her person, or any person not required by law to have a hunting or fishing license, who is otherwise engaged in legal hunting, fishing, or sport shooting on recreational or wildlife management areas owned by this state may have or carry on his or her person a knife while engaging in such hunting, fishing, or sport shooting.
6. Notwithstanding Code Sections 12-3-10, 27-3-1.1, 27-3-6, and 16-12-122 through 16-12-127, any lawful weapons carrier may carry a weapon in all parks, historic sites, or recreational areas, as such term is defined in Code Section 12-3-10, including all publicly owned buildings located in such parks, historic sites, and recreational areas, in wildlife management areas, and on public transportation; provided, however, that a person shall not carry a handgun into a place where it is prohibited by federal law.
7. 1. Except as otherwise provided in subsections (a) through (f) of this Code section, no person shall carry a weapon unless he or she is a lawful weapons carrier.
   2. A person commits the offense of unlawful carrying of a weapon when he or she violates the provisions of paragraph (1) of this subsection.
8. Upon conviction of the offense of unlawful carrying of a weapon, a person shall be punished as follows:
   1. For the first offense, he or she shall be guilty of a misdemeanor; and
   2. For the second offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, and for any subsequent offense, he or she shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than two years and not more than five years.
9. Nothing in this Code section shall in any way operate or be construed to affect, repeal, or limit the exemptions provided for under Code Section 16-11-130.

History. Laws 1837, Cobb’s 1851 Digest, pp. 848, 849.; Ga. L. 1851-52, p. 269, §§ 1-3; Code 1863, § 4413; Ga. L. 1865-66, p. 233, §§ 1, 2; Code 1868, § 4454; Code 1873, § 4527; Ga. L. 1882-83, p. 48, § 1; Code 1882, § 4527; Ga. L. 1898, p. 60, § 1; Penal Code 1895, § 341; Penal Code 1910, § 347; Code 1933, § 26-5101; Code 1933, § 26-2901, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1976, p. 1430, § 1; Ga. L. 1982, p. 3, § 16; Ga. L. 1992, p. 6, § 16; Ga. L. 1996, p. 108, § 1; Ga. L. 1998, p. 1153, § 1; Ga. L. 2000, p. 1630, § 3; Ga. L. 2007, p. 47, § 16/SB 103; Ga. L. 2008, p. 533, § 3/SB 366; Ga. L. 2008, p. 1199, § 3/HB 89; Ga. L. 2009, p. 8, § 16/SB 46; Ga. L. 2010, p. 963, § 1-2/SB 308; Ga. L. 2014, p. 599, § 1-4/HB 60; Ga. L. 2015, p. 805, § 2/HB 492; Ga. L. 2017, p. 8, § 1/HB 406; Ga. L. 2017, p. 555, § 4/HB 292; Ga. L. 2022, p. 74, § 5/SB 319; Ga. L. 2022, p. 86, § 1/HB 218.

The 2017 amendments.

The first 2017 amendment, effective April 5, 2017, rewrote subsection (e); and added subsection (e.1). The second 2017 amendment, effective May 8, 2017, rewrote subsection (e); designated the existing provisions of subsection (f) as paragraph (f)(1); substituted “weapon” for “handgun” near the end of paragraph (f)(1) and added paragraph (f)(2).

The 2022 amendments.

The first 2022 amendment, effective April 12, 2022, rewrote this Code section. The second 2022 amendment, effective July 1, 2022, deleted “whose laws recognize and give effect to a license issued pursuant to this part” following “in any other state” near the beginning of former subparagraph (e)(1)(A) (now paragraph (d)(1)) and in former paragraph (e)(2) following “in any other state”; added division (e)(1)(B)(ii) (now subparagraph (d)(2)(B)); and redesignated the existing provisions of former subparagraph (e)(1)(B) as division (e)(1)(B)(i) (now paragraph (d)(2)(A)).

Cross references.

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 .

Code Commission notes.

Pursuant to Code Section 28-9-5, in 2010, “a” was inserted preceding “weapon” in the introductory language of subsection (i).

Pursuant to Code Section 28-9-5, in 2017, the addition of subsection (e.1) of this Code section by Ga. L. 2017, p. 8, § 1/HB 406, was treated as impliedly repealed and superseded by Ga. L. 2017, p. 555, § 4/HB 292, due to irreconcilable conflict.

Pursuant to Code Section 28-9-5, in 2022, paragraph (d)(2) in Ga. L. 2022, p. 74, § 5/SB 319 was redesignated as subparagraph (d)(2)(A), and division (e)(1)(B)(ii) in Ga. L. 2022, p. 86, § 1/HB 218 was redesignated as subparagraph (d)(2)(B).

Editor’s notes.

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. 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.”

Ga. L. 2017, p. 8, § 1/HB 406, which amended this Code section, purported to amend subsection (e), but also added subsection (e.1).

Ga. L. 2022, p. 74, § 1/SB 319, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Chairman John Meadows Act.’”

Ga. L. 2022, p. 74, § 2/SB 319, not codified by the General Assembly, provides: “The General Assembly finds and determines that:

“(1) The Second Amendment to the United States Constitution recognizes the right of the people to keep and bear arms and that such right shall not be infringed; and

“(2) The people of this state, to perpetuate the principles of free government, insure justice to all, preserve peace, promote the interest and happiness of the citizen and of the family, and transmit to posterity the enjoyment of liberty, provided that the right of the people to keep and bear arms shall not be infringed but that the General Assembly shall have power to prescribe the manner in which arms may be borne.”

Law reviews.

For article on recidivism and convictions based on nolo contendere pleas, see 13 Ga. L. Rev. 723 (1979).

For review of 1996 offenses against public order and safety legislation, see 13 Ga. St. U.L. Rev. 123 (1996).

For article, “No Second Chances: Immigration Consequences of Criminal Charges,” see 13 Ga. St. B.J. 26 (2007).

For article, “Crimes and Offenses,” see 27 Ga. St. U.L. Rev. 131 (2011).

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