Cecily Zamora
In April 2022, Georgia's Governor Brian Kemp signed the Constitutional Carry Act (SB 319) into law, which allows individuals to carry handguns openly or concealed in most public spaces without a background check or permit. This “permitless carry” legislation repealed previous requirements for a weapons carry license and a fingerprint background check. The new law defines a “lawful weapons carrier as an individual who meets the eligibility criteria for a weapons carry license under Georgia law, regardless of whether they possess a license, and is not prohibited by law from possessing a handgun. This act specifies where individuals can carry weapons on campus and the exceptions, allowing them to carry weapons in their vehicles and in common areas on campus but prohibiting them from carrying them into offices, classrooms with dual-enrollment students, and disciplinary hearing rooms.
| Characteristics | Values |
|---|---|
| Name of the law | Georgia Constitutional Carry Act |
| Year of enactment | 2022 |
| Enacted by | Governor Brian P. Kemp |
| Enactment date | April 12, 2022 |
| Effective date | January 1, 2023 |
| Who can carry a weapon? | Lawful weapons carrier |
| Who is a lawful weapons carrier? | 1. A person eligible for a weapons carry license under Georgia law, whether or not they have a license, and not prohibited by law from possessing a handgun or long gun. 2. A resident of any other state who would be eligible for a weapons carry license in Georgia but for the residency requirement. 3. A person licensed to carry a weapon in any other state. |
| Where can a lawful weapons carrier carry a weapon? | 1. In their vehicle. 2. Concealed in common areas on campus. |
| Where is carrying a weapon prohibited? | 1. Offices or administrative areas. 2. Classrooms used to teach dual-enrollment (high school) students. 3. Rooms used for disciplinary hearings. |
| Penalty for violation | Any lawful weapons carrier who violates this law is guilty of a misdemeanor. Any person who is not a lawful weapons carrier and violates it is guilty of a felony. |
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What You'll Learn
What is 'constitutional carry'?
In the context of gun laws in the United States, "constitutional carry" refers to the right to carry a gun without needing a permit. This means that when a state does not prohibit individuals who can legally possess a firearm from carrying handguns, it is called constitutional carry. However, it is important to note that constitutional carry does not exempt individuals from the responsibility of firearms ownership. They are accountable for every action they take and must comply with relevant state gun laws.
Constitutional carry grants individuals the right to carry firearms, either openly or in a concealed manner, without requiring a state-issued permit. This is based on the interpretation of the Second Amendment, which guarantees the right to keep and bear arms. Some states have adopted unrestricted carry laws, allowing individuals to carry firearms openly or concealed without any permit. Other states may have partial restrictions, such as requiring a permit for carrying a concealed weapon but allowing open carry without a permit.
The specific regulations and requirements for constitutional carry can vary from state to state. For example, in Tennessee, individuals with a history of DUIs (driving under the influence) may be prohibited from carrying a firearm without a permit. Additionally, some states may have laws that prohibit carrying firearms in certain locations, such as schools or government buildings.
In 2022, Georgia enacted a "permitless carry" law, also known as the Georgia Constitutional Carry Act, which allows individuals to carry handguns openly or concealed in most public spaces without a background check or permit. This law specifies who can carry a weapon in locations authorized by state law and outlines any exceptions to these permissions.
It is worth noting that the laws and regulations regarding constitutional carry are subject to change over time, and it is important for individuals to stay informed about the current laws in their respective states.
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Georgia's Constitutional Carry Act
On January 1, 2023, a new law came into effect in Georgia, following Governor Brian Kemp's signing of the bill in April 2022. The law, known as the Georgia Constitutional Carry Act or SB 319, eliminates the requirement for a permit or license to carry a handgun in the state. This means that individuals who are legally allowed to possess a firearm can carry handguns openly or concealed without a state permit.
The Act specifies who can carry a weapon in locations authorized by state law and outlines the exceptions. For instance, a lawful weapons carrier can have a weapon in their vehicle and carry it concealed in common areas on campus, but not in offices, administrative areas, classrooms with dual-enrollment (high school) students, or rooms used for disciplinary hearings.
According to Georgia law, a "lawful weapons carrier" is defined as someone who:
- Meets the eligibility requirements for a weapons carry license under Georgia law, regardless of whether they possess a license, and is not prohibited by law from possessing a handgun or long gun.
- Is a resident of another state who would be eligible for a weapons carry license in Georgia if not for the residency requirement.
- Is licensed to carry a weapon in any other state.
The Constitutional Carry Act also includes penalties for violations. Any lawful weapons carrier who violates this law is guilty of a misdemeanour, while individuals who are not lawful weapons carriers and violate the law are guilty of a felony. Additionally, the use of dangerous weapons or machine guns during a violation will result in a felony conviction.
The enactment of the Georgia Constitutional Carry Act reflects the state's stance on upholding the Second Amendment rights of its citizens and ensuring their safety.
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Who can carry a weapon?
In April 2022, Georgia enacted "permitless carry" legislation, which allows any "lawful weapons carrier" to carry handguns openly or concealed in most public spaces without any background check or permit required. However, there are certain places where carrying a weapon is prohibited, such as schools and courthouses.
So, who is a "lawful weapons carrier"? A lawful weapons carrier is someone who:
- Is eligible for a weapons carry license under Georgia law, regardless of whether they have the license, and is not prohibited by law from possessing a handgun or long gun.
- Is a resident of another state who would be eligible for a weapons carry license under Georgia law but for the residency requirement.
- Is licensed to carry a weapon in any other state, even if they would not be eligible for a weapons carry license in Georgia.
It's important to note that Georgia has retained its weapons carry licensing process. Applicants can apply for a "weapons carry" license to the probate court judge in their county of residence. The law generally requires a probate court judge to issue a license to an applicant who meets the minimum qualifications. However, the judge has partial discretion to deny a license if they find evidence that the applicant is not "of good moral character."
While Georgia does not require firearms safety training, it is recommended that anyone carrying a concealed firearm obtain training to be a responsible gun owner. Law enforcement officers and retired law enforcement officers may carry under the Law Enforcement Officers Safety Act (LEOSA).
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Where can weapons be carried?
In April 2022, Georgia enacted a "permitless carry" law, which permits any "lawful weapons carrier" to carry handguns openly or concealed in most public spaces without any background check or permit required. A lawful weapons carrier is defined as an individual who:
- Would be eligible for a weapons carry license under Georgia law, whether or not they have a license, and are not otherwise prohibited by law from possessing a handgun or long gun.
- Is a resident of any other state who would be eligible to obtain a weapons carry license under Georgia law but for the residency requirement.
- Is licensed to carry a weapon in any other state.
However, there are certain places where carrying a weapon is prohibited, even for lawful weapons carriers. For example, on school campuses, weapons cannot be carried into any office, administrative area, classroom with dual-enrollment (high school) students, or room used for disciplinary hearings.
Additionally, the city of Kennesaw in Georgia has a unique law enacted in 1982, requiring every head of household within city limits to maintain a firearm.
It is important to note that anyone who is not a lawful weapons carrier and is found carrying a weapon in Georgia is guilty of a felony.
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Penalties for violation
The 2022 Georgia Constitutional Carry Act allows any person who is not prohibited by law from possessing a handgun or long gun to carry a weapon in locations authorized by state law without a permit or license. However, violations of this law can result in serious penalties.
According to the Oconee Fall Line Technical College, any lawful weapons carrier who violates the law shall be guilty of a misdemeanour. On the other hand, any person who is not a lawful weapons carrier and is in violation is guilty of a felony. Additionally, if a person is convicted of this law involving a dangerous weapon or machine gun, they are also guilty of a felony.
The Act specifies who can carry a weapon in locations authorized by state law and the exceptions. For example, lawful weapons carriers can have a weapon in their vehicle and carry it concealed in common areas on campus, but not in offices, administrative areas, classrooms with dual-enrollment (high school) students, or rooms used for disciplinary hearings. It is the responsibility of the lawful weapons carrier to be aware of and follow these restrictions at all times.
The Georgia Constitutional Carry Act also includes enhanced penalties for those who flee or elude law enforcement and strengthened tools to target street gangs and human trafficking.
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