Constitutional Carry: Georgia's Law And Order Future?

On April 12, 2022, Georgia Governor Brian Kemp signed the Georgia Constitutional Carry Act (SB 319) into law, allowing lawful gun owners to carry a concealed weapon in most public places without a permit. This law, also known as permitless carry, enables individuals to protect themselves without seeking permission from the state government, as per the US Constitution. While this marks a significant shift in the state's firearms regulations, it is essential to understand the law's implications and requirements.

The Georgia Constitutional Carry Act (SB 319)

Overview

Details of the Law

The Georgia Constitutional Carry Act removes the requirement for a weapons carry license to possess or carry a handgun or long gun in most public places. Previously, individuals were required to obtain a license, which involved an application process, a background check, and a fee. Now, individuals who meet the criteria of a "lawful weapons carrier" can carry firearms without a license.

A "lawful weapons carrier" is defined as someone who:

• Is eligible for a weapons carry license under Georgia law, regardless of whether they have obtained the license.
• Is a resident of another state and would be eligible for a Georgia weapons carry license if they met the residency requirement.
• Is licensed to carry a weapon in any other state.

Impact of the Law

The Act has made it easier for individuals to carry firearms in Georgia, as they no longer need to go through the process of obtaining a license. However, it is important to note that the law does not remove all permitting requirements. Individuals must still possess a valid gun license to carry firearms within the state. Additionally, there are certain locations where carrying firearms is strictly prohibited, including school premises, courthouses, airports, and government-owned buildings.

Reactions to the Law

The Georgia Constitutional Carry Act has been a contentious issue, with support from Republicans and opposition from Democrats. Backers of the law argue that guns are only dangerous in the hands of ill-intentioned individuals, and that it is important to uphold the Second Amendment right to bear arms. On the other hand, detractors argue that the law will make cities more dangerous and that it is a part of a larger problem of widespread gun ownership in the state.

No permit, background check, or firearms registration required

On April 12, 2022, Georgia became a constitutional carry state, allowing individuals to carry firearms without the need for a specific permit. This means that there is no permit, background check, or firearms registration required for carrying a firearm in the state of Georgia.

The passing of Senate Bill 319 (SB 319), or the Georgia Constitutional Carry Act, immediately put the new legislation into effect. While this marked a significant change in the state's firearms regulations, it is important to note that the law does not remove all permitting requirements for residents. Individuals must still possess a valid gun license to carry firearms within the state.

Prior to the implementation of SB 319, Georgia required individuals to obtain a "weapons carry license" and undergo a fingerprint background check to be eligible to carry concealed loaded firearms in public spaces. However, with the new law in place, any "lawful weapons carrier" can carry handguns openly or concealed in most public spaces without any background check or permit required.

It is important to clarify that Georgia has retained its weapons carry licensing process. This allows individuals who wish to carry firearms in other states that require a license to obtain one. Additionally, there are still requirements that individuals must meet to be eligible for a gun license in Georgia, including age, residency, and criminal record requirements.

The constitutional carry law in Georgia represents a milestone in the state's approach to gun rights and responsibilities. Individuals must be aware of the requirements for carrying firearms and understand the locations where firearms are restricted to stay compliant with the law.

Lawful weapons carriers can carry handguns openly or concealed

On April 12, 2022, Georgia became a constitutional carry state, allowing "lawful weapons carriers" to carry handguns openly or concealed in most public spaces without a background check or permit.

A "lawful weapons carrier" is defined as:

• An individual who would be eligible for a weapons carry license under Georgia law, regardless of whether or not they have a license, and is not otherwise prohibited by law from possessing a handgun or long gun.
• A resident of any other state who would be eligible to obtain a weapons carry license under Georgia law but for the residency requirement.
• An individual licensed to carry a weapon in any other state.

It is important to note that Georgia has retained its weapons carry licensing process. This enables individuals who wish to carry firearms in other states that require a license to obtain one. The minimum age requirement for a weapons carry license in Georgia is 21 years old, or 18 years old for active military personnel.

While the constitutional carry law allows individuals to carry handguns openly or concealed, there are still certain locations in Georgia where the possession of firearms is strictly prohibited. These restrictions apply to both residents and non-residents, even with a valid gun license. Some of these places include school buses, school premises, stadiums, courthouses, airports, government-owned buildings, mental institutions, and polling centers.

Lawful weapons carrier defined by Georgia law

On April 12, 2022, Georgia's gun laws underwent a significant change with the passing of the Georgia Constitutional Carry Act (SB 319), which allows "constitutional carry." This means that individuals in Georgia can carry firearms without a specific permit, as long as they possess a valid gun license. This update to the state's firearms regulations has raised questions about who qualifies as a "lawful weapons carrier" under Georgia law.

According to Georgia law, a "lawful weapons carrier" is defined as anyone who is lawfully allowed to possess a firearm. This includes individuals who meet the eligibility requirements for a weapons carry license under Georgia law, regardless of whether they have obtained the license. However, it is important to note that there are still prohibitions in place. For example, individuals with prior drug convictions, felony convictions or charges, as well as those who have received treatment for mental health or substance abuse issues within the past five years, are excluded from being considered "lawful weapons carriers."

To be eligible for a weapons carry license in Georgia, an individual must meet certain requirements. They must be at least 21 years old, or 18 years old if they are a member of the military. Additionally, they must be a resident of the county where they are applying for the license, be a legal US citizen, and not have any criminal convictions related to drugs or felonies. The individual must also not be mentally unfit and must meet other federal law requirements.

It is worth noting that Georgia has retained its weapons carry licensing process, even with the introduction of constitutional carry. This allows individuals who wish to carry firearms in other states that require a license to obtain one. The state's probate court judges are responsible for issuing these licenses and have some discretion to deny applications if they find the applicant lacking in "good moral character."

In conclusion, the definition of a "lawful weapons carrier" in Georgia encompasses individuals who are lawfully allowed to possess firearms, either through meeting the eligibility requirements for a weapons carry license or through specific exemptions outlined in the state's laws. This change in legislation highlights the ongoing debate around gun laws in the United States and the balance between constitutional rights and public safety.

Governor Brian Kemp championed the measure

On April 12, 2022, Governor Kemp signed the Georgia Constitutional Carry Act (SB 319) into law. This Act allows "lawful" gun owners to carry a concealed weapon in most public places without obtaining a weapons carry license from the state. Prior to the Act, state law required gun owners to apply for a weapons permit and pass a federal background check to carry a firearm.

Kemp has been a long-time supporter of the Second Amendment and has stated that he wants his daughters and family to be able to defend themselves. He also believes that the Constitution of the United States gives citizens the right to bear arms, not the government.

The implementation of the constitutional carry law in Georgia marks a significant shift in the state's firearms regulations, and Governor Kemp has been a key figure in championing this measure.

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