Do I Need a License to Carry a Handgun in Georgia?

You do not need a license to carry a handgun in Georgia. Since Governor Kemp signed the Georgia Constitutional Carry Act (SB 319) on April 12, 2022, anyone who qualifies as a “lawful weapons carrier” can carry a handgun openly or concealed without applying for a permit or paying a fee.1Office of the Governor of Georgia. Gov. Kemp Signs Georgia Constitutional Carry Act into Law The catch is that “lawful weapons carrier” is a defined legal status, and Georgia still restricts who can carry, where they can carry, and when they can use their firearm.

Who Counts as a Lawful Weapons Carrier

Georgia law defines a lawful weapons carrier as any person who is eligible for a Georgia Weapons Carry License and is not otherwise prohibited by law from possessing a firearm.2Justia. Georgia Code 16-11-125.1 – Definitions You don’t have to hold the license. You just have to qualify for it.

The definition also covers two groups of non-residents: people from another state who would qualify for a Georgia license if they lived here, and people who hold a valid carry license issued by another state.2Justia. Georgia Code 16-11-125.1 – Definitions If you don’t fit the definition, carrying a handgun anywhere outside your own home, vehicle, or place of business is a criminal offense.3Justia. Georgia Code 16-11-126 – Having or Carrying Handguns, Long Guns, or Other Weapons

Age Requirement

You must be at least 21 to qualify as a lawful weapons carrier. The only exception is for active-duty military members or honorably discharged veterans who are at least 18 and have completed basic training.4Justia. Georgia Code 16-11-129 – Weapons Carry License The Georgia Supreme Court has upheld this under-21 restriction as constitutional. If you are between 18 and 20 without qualifying military service, you may keep a handgun in your home, vehicle, or place of business, but you cannot carry one in public.3Justia. Georgia Code 16-11-126 – Having or Carrying Handguns, Long Guns, or Other Weapons

Who Cannot Carry a Handgun

Age alone is not enough. Georgia and federal law both disqualify several categories of people from possessing or carrying firearms. Falling into any one of them means you are not a lawful weapons carrier.

Georgia Disqualifications

You cannot carry in Georgia if any of the following apply:4Justia. Georgia Code 16-11-129 – Weapons Carry License

  • Any felony conviction from any state or federal court, unless you have been pardoned.
  • Felony proceedings are currently pending against you.
  • You are a fugitive from justice.
  • You have a conviction for unlawful manufacturing or distributing controlled substances. A misdemeanor conviction involving use or possession of a controlled substance can also disqualify you for five years after you complete your sentence.
  • You have been hospitalized as an inpatient at a mental health facility or an alcohol or drug treatment center within the past five years.
  • A court has found you mentally incompetent to stand trial or returned a not-guilty-by-reason-of-insanity verdict.
  • You were convicted of carrying in a restricted location under Georgia law, which can disqualify you for five years.
  • Your Weapons Carry License was revoked within the past three years.

Federal Prohibitions

Federal law applies everywhere in the country, including Georgia. Even if you clear every state disqualification, a federal prohibition still blocks you from possessing a firearm. The major federal categories include:5Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts

  • A conviction for a misdemeanor crime of domestic violence. For offenses involving a spouse, cohabitant, parent, guardian, or someone with whom you share a child, this prohibition is permanent. Convictions based solely on a dating relationship may expire after five years under limited circumstances.6Bureau of Alcohol, Tobacco, Firearms, and Explosives. Misdemeanor Crimes of Domestic Violence Prohibitions
  • An active qualifying domestic violence protective order issued after a hearing where you had notice and an opportunity to participate.
  • Current unlawful use of, or addiction to, any controlled substance. This includes marijuana, which is still federally classified as a controlled substance regardless of any state medical or recreational marijuana law.
  • A dishonorable discharge from the military.
  • Unlawful presence in the United States, including certain nonimmigrant visa statuses.
  • Renunciation of U.S. citizenship.

The marijuana rule catches many Georgians off guard. Regular marijuana users are barred from possessing firearms under federal law, and no state medical card changes that.

Where You Still Cannot Carry

Being a lawful weapons carrier does not give you access to every space with a handgun. Georgia law designates several locations as off-limits, and carrying in any of them is punishable as a misdemeanor:7Justia. Georgia Code 16-11-127 – Carrying Weapons or Long Guns in Unauthorized Locations

  • Courthouses.
  • Jails and prisons.
  • State mental health facilities that admit patients involuntarily.
  • Nuclear power facilities.
  • Within 150 feet of a polling place during an election.
  • Places of worship, unless the church, synagogue, mosque, or other religious body has specifically authorized lawful weapons carriers to carry on the premises.

Government buildings work a little differently. Someone who is not a lawful weapons carrier cannot carry in any government building. A lawful weapons carrier can enter most government buildings armed, but if the building has security screening at its public entrances, firearms are prohibited for everyone.7Justia. Georgia Code 16-11-127 – Carrying Weapons or Long Guns in Unauthorized Locations

Schools carry the heaviest penalty. Carrying a firearm within a school safety zone, at a school function, or on a school bus is a felony for anyone who is not a lawful weapons carrier, punishable by two to ten years in prison and a fine of up to $10,000.8Justia. Georgia Code 16-11-127.1 – Carrying Weapons Within School Safety Zones, at School Functions, or on a Bus or Other Transportation Furnished by a School Lawful weapons carriers who violate the school-zone restriction face a misdemeanor. Limited exceptions exist, including picking up or dropping off a student while the handgun stays concealed.

Private property owners can also prohibit firearms. If an owner posts a sign or personally asks you to leave, you must comply. Refusing to leave after being told can lead to trespassing charges.3Justia. Georgia Code 16-11-126 – Having or Carrying Handguns, Long Guns, or Other Weapons

When You Can Actually Use the Handgun

Carrying legally does not translate into a right to shoot. Georgia’s self-defense laws set clear limits on when force is justified.

You can use force against another person when you reasonably believe it is necessary to defend yourself or someone else against an imminent threat of unlawful force. Deadly force is only justified when you reasonably believe it is necessary to prevent death, serious bodily injury, or a forcible felony.9Justia. Georgia Code 16-3-21 – Use of Force in Defense of Self or Others You lose the right to claim self-defense if you provoked the confrontation with the intent to use force, were committing a felony at the time, or were the aggressor.

Georgia is a stand-your-ground state. If you are in a place where you have a legal right to be and your use of force fits the self-defense, home defense, or property defense statutes, you have no duty to retreat before using that force, including deadly force.10Justia. Georgia Code 16-3-23.1 – No Duty to Retreat Prior to Use of Force The no-retreat rule only kicks in once the underlying use of force is already justified.

Georgia also allows force to prevent or stop an unlawful entry into your home. Deadly force during a home defense situation is justified when the entry is violent and you reasonably believe it is being made to assault someone inside, when a non-household member has unlawfully and forcibly entered your residence, or when you reasonably believe the intruder intends to commit a felony.11Justia. Georgia Code 16-3-23 – Use of Force in Defense of Habitation Courts have interpreted the statute’s term “habitation” to cover dwellings, motor vehicles, and places of business.

Why You Might Still Want a License

Permitless carry stops at the Georgia line. That is the main reason people still apply for a Georgia Weapons Carry License (WCL). Currently, 32 other states recognize a Georgia WCL, including Alabama, Florida, Texas, Tennessee, South Carolina, and most other states in the Southeast and Midwest.12Office of the Attorney General. States Which Recognize a Georgia Weapons Carry License Seven of those states only recognize licenses issued to holders who are 21 or older.

A license also gives you a quick way to show your legal status during a police encounter. Without one, an officer has no immediate way to confirm you are eligible to carry, which can drag out a routine traffic stop.

How to Get a Weapons Carry License

Applications run through the probate court in your county of residence. The license is valid for five years.

To qualify, you must be at least 21, or at least 18 with proof of military basic training and active-duty status or an honorable discharge.13Georgia.gov. Apply for a Firearms License Bring a valid Georgia driver’s license or state ID showing your current physical address. If your address on the ID is outdated, bring proof of your actual address, such as a utility bill or lease. Non-U.S. citizens need documentation of lawful immigration status.

Pick up the application from the probate court or download it from the court’s website. You complete and sign the application under oath and pay the required fee. The total cost averages about $75 but varies by county.13Georgia.gov. Apply for a Firearms License That fee typically covers the $30 statutory application charge plus fingerprinting and background check costs.4Justia. Georgia Code 16-11-129 – Weapons Carry License Call your county probate court in advance to confirm the exact amount and accepted forms of payment.

After you submit the application and payment, you’ll need to provide fingerprints. Some courts handle fingerprinting on-site, while others send you to the local sheriff’s office or police department. You must complete fingerprinting within five business days of filing your application.4Justia. Georgia Code 16-11-129 – Weapons Carry License Your prints go to the Georgia Bureau of Investigation and the FBI for a criminal background check.

The background check usually takes several weeks. If nothing disqualifying turns up, the probate court approves your application and mails the license to your home address. If the application is denied, the court sends you a written explanation. The license runs for five years from the date of issue and can be renewed through the same probate court.