1. A sawed off shotgun means a shotgun or any weapon made from a shotgun whether by alteration, modification, or otherwise having one or more barrels (including the chamber) less than 18 inches in length or if such weapon as modified has an overall length of less than 26 inches.
2. A sawed off rifle means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder; and designed or redesigned, made or remade, to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifle bore for each single pull of the trigger; and which has a barrel or barrels (including the chamber) of less than 16 inches in length or has an overall length of less than 26 inches.
3. A machine gun means any weapon which shoots or is designed to shoot, automatically, more than six shots, without manual reloading, by a single function of the trigger.
4. A dangerous weapon means any weapon commonly known as a 'rocket launcher,' 'bazooka,' or 'recoilless rifle' which fires explosive or nonexplosive rockets designed to injure or kill personnel or destroy heavy armor, or similar weapon used for such purpose. The term shall also mean a weapon commonly known as a 'mortar' which fires high explosive from a metallic cylinder and which is commonly used by the armed forces as an antipersonnel weapon or similar weapon used for such purpose. The term shall also mean a weapon commonly known as a 'hand grenade' or other similar weapon which is designed to explode and injure personnel or similar weapon used for such purpose.
5. A silencer means any device for silencing or diminishing the report of any portable weapon such as a rifle, carbine, pistol, revolver, machine gun, shotgun, fowling piece, or other device from which a shot, bullet, or projectile may be discharged by an explosive.

Loaded Firearms, A Firearm is considered loaded if there are rounds in the chamber, cylinder, and/or magazine of the firearm OR if a person is carrying a unloaded firearm and the person is in possession of ammunition that is in close proximity of the firearm; Which means if you are carrying a unloaded gun, it is still considered loaded if you have the bullets in your pocket or anywhere else on your body while you are still carrying the gun. (16-11-132)

1. Attending a hunter education course or a firearms safety course.
2. Engaging in practice in the use of a firearm or target shooting
3. Engaging in an organized competition involving the use of a firearm or participating in or practicing for a performance by an organized group
4. Hunting or fishing pursuant to a valid license if such person has in his or her possession such a valid hunting or fishing license if required; is engaged in legal hunting or fishing; has permission of the owner of the land on which the activities are being conducted; and the pistol or revolver, whenever loaded, is carried only in an open and fully exposed manner (no concealing of the firearm)
5. Traveling to or from any activity described above, provided that firearm is carried in a unconcealed and unloaded fashion.
6. Any minor who is on real property under the control of such person's parent, legal guardian, or grandparent and who has the permission of such person's parent or legal guardian to possess a firearm.
7. Any minor who is at such person's residence and who, with the permission of such person's parent or legal guardian, possesses a pistol or revolver for the purpose of exercising the rights authorized in Code Section 16-3-21 or 16-3-23. (self defense laws)
8. The exceptions DO NOT apply to any minor who has been convicted of a forcible felony or forcible misdemeanor, as defined in Code Section 16-1-3, or who has been adjudicated delinquent under the provisions of Article 1 of Chapter 11 of Title 15 for an offense which would constitute a forcible felony or forcible misdemeanor, as defined in Code Section 16-1-3, if such person were an adult.(16-11-132) (It appears as if GA law, even though prohibits minors from possessing handguns except as provided above, does not prohibit minors from possessing rifles and shotguns, unless they have been convicted of a felony or forcible misdemeanor. Under GA law, children under the age of 13 cannot be considered or found guilty of any crime. 16-3-1)

It is against the law to be in possession of firearm while engaged in hunting and fishing activities or discharge a firearm while under the influence of alcohol or any drug or any combination of alcohol and any drug to the extent that it is unsafe for the person to discharge such firearm except in the defense of life, health, and property;

 

Registration of firearms

 

Carrying firearms

There are 2 laws of Georgia that address the carrying of firearms in public.

Concealed Weapons: is defined as any bludgeon (asp baton, nun chucks, ect), metal knuckles, firearm (this means ANY firearm capable of being concealed, not just handguns), knife designed for the purpose of offense and defense (swords, ballistic knives, knives with blades longer than 2 inches), or any other dangerous or deadly weapon or instrument that is not carried in an open manner and fully exposed to view. For weapons to be considered not to be concealed, they must be carried in some type of holster, scabbard, or sheath that is NOT to be hidden or covered up by the person's clothing or in the person's pockets. Weapons MUST be able to visible through ordinary observation - this is commonly known as being able to view the weapon from at least 3 different viewing angles. This law does not apply to carrying a concealed weapon in a person's own home (including the property the home is situated on IF it is owned by the home owner), and place of business (including the property of the business is located on IF it is owned by the business owner). In order to be exempt from carrying a concealed weapon without a license at your place of business, you MUST either be the business owner or be a lead manager or the person who is in complete control of the business if you are not the owner. "Regular" employees are not exempt unless they have written permission from the person in control of the said business to carry a concealed weapon. This does not apply to weapons carried openly. This law does not permit, outside of a person's home, motor vehicle, or place of business, the concealed carrying of a pistol, revolver, or concealable firearm by any person unless that person has on his or her person a valid license issued under Code Section 16-11-129 and even then the person may only carry the pistol, revolver, or concealable firearm only in a shoulder holster, waist belt holster, or any other holster (ankle holster, crotch holster, fanny pack holster, pocket holster,ect) and also a hipgrip or any other similar securing device at which point the weapon MAY BE concealed by the person's clothing, or handbag, purse, attaché case, briefcase, or any other close container. (concealed carry is NOT required to carry a firearm. Firearms can be openly carried, however in each case; the firearm MUST be carried in a holster or other type of securing device)

Carrying a pistol without a license Not only must a person have a license to carry a concealed firearm, but you must have a license to carry a handgun, openly or concealed, outside of your own home, place of business, and motor vehicle. (In order to be exempt from carrying a pistol without a license at your place of business, you MUST either be the business owner or be a lead manager or the person who is in complete control of the business if you are not the owner. "Regular" employees are not exempt unless they have written permission from the person in control of the said business to carry a pistol.) Again your own home and business applies to the land to which it is located on, but ONLY if the land is owned by you. If you are carrying a handgun to or from your home or place of business and cross over any property not owned by you, then you would be in violation of carry a pistol without a license if you did not have a license. This law only applies to carrying handguns and does NOT apply to rifles or shotguns, so a person could carry a rifle or shotgun openly, not concealed, in public and not be in violation of the law. The only exception to this law is no permit shall be required for persons with a valid hunting or fishing license on their person or for persons not required by law to have hunting licenses who are engaged in legal hunting, fishing, or sport shooting when the persons have the permission of the owner of the land on which the activities are being conducted; provided, further, that the pistol or revolver, whenever loaded, shall be carried only in an open and fully exposed manner. (16-11-128, Carroll co. probate court) Violation of this code section is a misdemeanor for a first offense and a felony for a 2^nd or subsequent offense.

Places off limits to carry

There are 4 laws that address where firearms may be borne (carried)

Deadly Weapons at Public Gatherings; It is (misdemeanor offense) against the law for a person (licensed or not) to carry to or while at a public gathering any explosive compound, firearm, or knife designed for the purpose of offense or defense (including ANY deadly weapon not listed here). A public gathering is defined and includes, but is not limited too, athletic or sporting events, churches or church functions, political rallies and/or functions, publicly owned or operated buildings(Fed, state, or local government buildings), and establishments at which alcoholic beverages are sold for consumption on the premises(bars and restaurants that serve alcohol. Does not apply to stores that just sell alcohol). Nothing in this code section shall otherwise prohibit the carrying of a firearm in any other public place by a person licensed or permitted to do so. (This means licensees are permitted to carry in stores, malls, financial institutions, and other places open to the public) Five areas are specifically defined as public gatherings, but since the definition of a public gathering is not limited to the five areas what else could be considered a public gathering? Attorney general Mike Bowers issued an opinion that addresses this very issue. In his definition a public gathering is "a place in which the public gathers or will gather for an event or function and does not apply to a place, such as a shopping mall, where people may gather even in large numbers when there is no event or function". So basically a public gathering in addition to the 5 defined areas is an event or function that the general public gathers or will gather for. This may be a parade, music event, free contests, presentation speakers, or any other publicized event that the general public can gather for. This however, usually does not apply to public places with controlled access (i.e. movie theaters, amusement parks, ect.) even though they may be advertising events; they charge admission to enter the venue, so therefore the general public cannot gather to attend the event, even though people may be present even in large numbers. Remember however if a public place that is not off limits by the definition of this code section CAN still be defined as a public gathering IF any of the activities defined above are taking place on the premises. i.e. a mall that is hosting a public speaker or a music concert or portions of the mall that serves alcoholic beverages or portions leased to a government agency. Also keep in mind that this prohibition also applies to the grounds that are on or in close proximity of the "public gathering". i.e. the parking lot of a bar, stadium, church, or the common area of the premises that is hosting a "public gathering". It is an defense to violation of this code section if a person notifies any law enforcement officer or security guard employed to provide security for the public gathering, if you are in possession of a deadly weapon while at a public gathering as soon as you learn of it's presence and you surrender or secure such weapon as directed by the law enforcement officer or security guard providing security for the public gathering. (This does not mean you can carry to a public gathering, this section means that if you are carrying to a public gathering and you realize that you accidentally brought your weapon, then you can come forward to a LEO or security guard and surrender your weapon without risking arrest. This code section is clearly criminal in nature and the burden is on the state to show intent to violate this code section) This law shall not apply to competitors participating in a sport shooting or gun event, law enforcement officers, district attorneys, judges, magistrates, solicitors, ect. (16-11-127, Carroll co. probate court, AG opinion U96-22)

Weapons on school property and functions; It is (felony offense) unlawful for a person to carry ANY type of weapon onto or within 1,000 feet of real property owned or leased by any public or private elementary school, secondary school, or school board and used for elementary or secondary education and in, on, or within 1,000 feet of the campus of any public or private technical school, vocational school, college, university, or institution of post secondary education. This code section does not apply to persons who are licensed under code 16-11-129 (Georgia Firearm License) or in accordance with code 43-38-10 (special carry licenses for security guards) when such person carries or picks up a student at a school building, school function, or school property or on a bus or other transportation furnished by the school. (I'm not sure of the total legality actually carrying into school building while picking up or dropping off a student, but it appears to be completely legal since the code does not say anything about not being allowed to enter the building while carrying. I wouldn't loiter around in the halls or cafeteria, but instead make a straight bee line to the office and back in order to drop off or pick up a student if you are required to do so.) This code section shall also not apply to a weapon which is in a locked compartment of a motor vehicle or one which is in a locked container in or a locked firearms rack which is on a motor vehicle which is being used by an adult over 21 years of age to bring to or pick up a student at a school building, school function, or school property or on a bus or other transportation furnished by the school, or when such vehicle is used to transport someone to an activity being conducted on school property which has been authorized by a duly authorized official of the school; provided, however, that this exception shall not apply to a student attending such school; and shall not prohibit any person who resides or works in a business or is in the ordinary course transacting lawful business or any person who is a visitor of such resident located within a school safety zone from carrying, possessing, or having under such person's control a weapon within a school safety zone…(this code section does not apply to anyone carrying or transporting a weapon through the zone, or while conducting business while in the zone, or while visiting someone who resides in the zone. Be advised however if you step onto actual school property (while not picking up or dropping off a student), the building or land the building is situated on, then you are in violation even if you have a license. Be careful!)… however, it shall be unlawful for any such person to carry, possess, or have under such person's control while at a school building or school function or on school property, a school bus, or other transportation furnished by the school any weapon or explosive compound.(16-11-127.1)

Sate parks, historic sites, and recreational areas; the term 'park, historic site, or recreational area' means a park, historic site, or recreational area which is operated by or for and is under the custody and control of the Department of Natural Resources. It is unlawful for any person to use or possess in any park, historic site, or recreational area any firearms, bows and arrows, spring guns, air rifles, slingshots, or any other device which discharges projectiles by any means, unless the device is unloaded and stored so as not to be readily accessible or unless such use has been approved within restricted areas by prior written permission of the commissioner of natural resources or his authorized representative. (A person can have a firearm in their possession only if the firearm is unloaded and stored. The only exception to this rule is the person has to obtain written permission from an authorized rep from DNR to have readily accessible a firearm.) It shall be unlawful to refuse to leave a park, historic site, or recreational area after violating any law or regulation of the Board of Natural Resources promulgated pursuant to Code Section 12-3-9 and after being directed to leave by an authorized representative of the department. (If you are caught carrying a firearm or breaking any of the other rules, then you can be asked to leave the park area by authorized rep from DNR.) Any person who violates any of the provisions of this Code section commits the offense of criminal trespass. (If you refuse to leave after being asked too, then you can be arrested for criminal trespass) (12-3-10)

1. Any person under 21 years of age;
2. Any person who is a fugitive from justice or against whom proceedings are pending for any felony, forcible misdemeanor, or violation of Code Section 16-11-126, 16-11-127, or 16-11-128 until such time as the proceedings are adjudicated;
3. Any person who has been convicted of a felony by a court of this state or any other state; by a court of the United States including its territories, possessions, and dominions; or by a court of any foreign nation and has not been pardoned for such felony by the President of the United States, the State Board of Pardons and Paroles, or the person or agency empowered to grant pardons under the constitution or laws of such state or nation or any person who has been convicted of a forcible misdemeanor and has not been free of all restraint or supervision in connection therewith for at least five years or any person who has been convicted of a violation of Code Section 16-11-126, 16-11-127, or 16-11-128 and has not been free of all restraint or supervision in connection therewith for at least three years, immediately preceding the date of the application;
4. Any individual who has been hospitalized as an inpatient in any mental hospital or alcohol or drug treatment center within five years of the date of his or her application. The probate judge may require any applicant to sign a waiver authorizing any mental hospital or treatment center to inform the judge whether or not the applicant has been an inpatient in any such facility in the last five years and authorizing the superintendent of such facility to make to the judge a recommendation regarding whether a license to carry a pistol or revolver should be issued. When such a waiver is required by the probate judge, the applicant shall pay to the probate judge a fee of $3.00 for reimbursement of the cost of making such a report by the mental health hospital, alcohol or drug treatment center, or the Department of Human Resources, which the probate judge shall remit to the hospital, center, or department. The judge shall keep any such hospitalization or treatment information confidential. It shall be at the discretion of the probate judge, considering the circumstances surrounding the hospitalization and the recommendation of the superintendent of the hospital or treatment center where the individual was a patient, to issue the license; or
5. Any person, the provisions of paragraph (3) of this subsection notwithstanding, who has been convicted of an offense arising out of the unlawful manufacture, distribution, possession, or use of a controlled substance or other dangerous drug.

Georgia law allows for "reciprocity" of firearm carry licenses. This means that the state attorney general can enter in agreements with other states to allow licensed Georgia residents to carry in the reciprocal state, but while only the state of Georgia provides the same recognition for the state that it is reciprocating with. To find out what states have reciprocal agreements and allow Georgia residents to carry in those states, visit www.packing.org or call the Attorney General's office @ (404)656-3300

 

State Preemption

Georgia has a state preemption law regulating firearms; which means the legislature is the only governing body that can regulate the manner of gun shows, the possession, ownership, transport, carrying, transfer, sale, purchase, licensing, or registration of firearms, components of firearms, firearms dealers, or dealers in firearms components.