In Georgia, there are many ways to pick up a criminal charge based on the possession, theft, or illegal use of a firearm or weapon.
Gun Ownership and Permits
Adults do not have to have a permit to purchase a firearm in Georgia. However, under Georgia law, a person needs a permit to carry a weapon openly or to carry a gun concealed on (or near) the body. Unless you have a carry permit, Georgia gun owners cannot take handguns out into the community. However, they can possess guns on their own property, and inside their homes, car, and place of business without a permit. (OCGA § 16-11-126.)
Possession of Weapon During the Commission of a Felony
Georgia law prohibits the possession of a gun or a knife during the commission of a felony. (OCGA § 16-11-106.) For example, a person who wields a gun during an armed robbery could be convicted of possession of a weapon during a felony as well as the underlying armed robbery charge.
Possession of Weapons by Convicted Felons
It is also a crime for a convicted felon to possess, receive or transport a firearm, unless they have been pardoned and the pardon expressly allows firearm possession. (OCGA § 16-11-131)
Pointing and Firing a Gun
Pointing a gun at another person without legal justification is a crime in Georgia. In order to convict, the prosecutor doesn't have to show that the defendant intended to fire the gun, just that the defendant intentionally pointed the gun at another person. But a person could be justified in pointing a gun at a trespasser in the person’s home without permission, and doing so is not a crime. (OCGA § 16-11-102.) There are also laws prohibiting firing guns on public roads or highways, while under the influence of drugs or alcohol, or on other people’s property without permission. (OCGA § 16-11-103, 16-11-104, 16-11-134.)
Prohibited Weapons
The Georgia Firearms and Weapons Act prohibits the possession of certain types of firearms and dangerous weapons, including:
- sawed-off shotguns and rifles
- silencers
- bazookas
- rocket launchers
- mortars, and
- hand grenades.
Juvenile Possession and School Zones
It is illegal for a person under the age of 18 to possess a handgun in Georgia. There are some exceptions for hunting, fishing, sport, and target shooting. A child who is on property belonging to his or her parents or grandparents can also possess a handgun there with the parents' permission. (OCGA § 16-11-132.) It is a crime for any person, except a parent or guardian, to furnish weapons to a child under the age of 18. (OCGA § 16-11-101, 16-11-101.1.)
It is also a crime in Georgia to have a gun or weapon in a “school safety zone,” including a school building, at a school function, or on any school property, including school buses. The crime is punished more severely if the defendant does not have a license to carry the weapon. (OCGA § 16-11-127.1)
Gun Possession and Carry Laws in Georgia
People Who May Not Carry a Gun in Georgia
The following individuals are prohibited from carrying a weapon in Georgia:
- Anyone under 21 years old with the exception of current and former members of the military who have completed basic training need only be 18 years old
- people ineligible to possess a firearm under federal law
- convicted felons
- people with felony proceedings pending against them
- fugitives from justice
- those convicted of an offense involving unlawful manufacture or distribution of controlled substances or dangerous drugs
people who have been hospitalized in a mental hospital during the last five years, adjudicated incompetent to stand trial, or adjudicated not guilty by reason of insanity - people who have had their weapons carry license revoked, or
- those who have been convicted of specified crimes involving weapons.
(OCGA § 16-11-129.)
Situations or Circumstances Where Carrying a Gun is Illegal
You may not carry a firearm in a:
- mental health facility
- courthouse, prison or jail
- nuclear power plant facility
- certain government buildings that screen visitors, or
- a polling place (or within 150 feet thereof).
(OCGA § 16-11-127.)
As of July 2014, Georgians with concealed carry permits may now carry their weapons in bars, places of worship, and non-secure areas of airports, as long as the owners of such establishments have not specifically and affirmatively banned weapons from the premises. The new law also gives state schools the discretion to allow employees to carry firearms on campus.
You Need Bray Law
If you are charged with a gun or weapon crime in Georgia, Bray Law can zealously defend you against these charges. There are very good defenses to these charges. There are also pre-trial diversion programs and alternatives to guilty pleas and convictions in firearms and weapons cases. Bray Law can discuss all of these options with you and will work to get you the best outcome possible. Contact us now for a Free Consultation.