In our article Understanding the First Offenders Act, a reader asked that we address the gun laws in our state(Georgia), Since we at VMG (Verifacts Management Group) are not attorneys, we can not give legal advice. The information that’s being given in this narrative is from a reference guide to Georgia Criminal and Traffic Laws and the author of this guide is Attorney Parag Y. Shah (A Friend). Shah’s reference guide is called the Code, it’s used by attorneys as well as law enforcement officials so that they can interpret the law.
From page 98 of the Code 2010-2011 Edition:
No person shall a weapon without a license except:
(a-c) Any person who is not prohibited by law from possessing a handgun or long gun may have or carry on his person a weapon (handgun enclosed in a case and unloaded) or long gun (if loaded, then carried in an open and fully exposed manner) on his property or inside his home, vehicle, or place of business.
(d) Any person who is not prohibited by law from possessing a handgun or long gun who is eligible for a license, may transport a handgun or long gun in any private passenger vehicle (unless prohibited by owner);
(e) Nonresident licensed to carry weapon in another state shall carry in GA in compliance with GA Law;
(f) Any person with a valid hunting or fishing license (or not required to have one) engaging in legal hunting, fishing, or sport shooting with permission of the landowner may carry a handgun or long gun:
(g) Notwithstanding 12-3-10, 27-3-1.1, 27-3-6, and 16-12-122 through 16-12-127, may carry in all parks, historic sites, recreational areas, wildlife management areas, and public transportation, unless prohibited by federal law. OCGA16-11-126 (h)
“Weapon” means knife (blade greater than 5 inches) or handgun (firearm of any description). OCGA16-11-125.1(1);(2);(5). “Long Gun” means a firearm with a barrel length of at least 18 inches and an overall length of at least 26 inches. Id at (4). A gun that discharges a single shot of .46 cm or less in diameter is not a handgun or long gun Id, at (1); (4)
For “Open and fully exposed manner” the purpose is to put those dealing with such persons on notice so that they may govern themselves accordingly, Ross, 235 GA App. 462 (2002); see Watkins, A10A1319 (2010) (Amount of exposure of the weapon is not as important as the method in which the gun is carried)
Prima Facie case of guilt that accused had in his manual possession a pistol outside of the home or place of business. It is then incumbent on the accused to establish lawful possession. The purpose of the carrying must be taken into consideration, and there must be some indication that the carrying is more or less habitual. There must be more than a mere temporary handling of a pistol to constitute the offense. Reed, 195 GA 842 (1943); Casper, 13 GA. App. 301 (1913),
Lawful Purpose: (1) carriage or delivery of a pistol from con place of purchase of sale to the of the purchaser , (2), manual possession of a pistol for such a length of time as is necessary to examine it with a view to purchase it, (3), one who finds a pistol on a public road and carries it to his home solely for the purpose of safekeeping, (4), in a sudden emergency when the use of a pistol is absolutely necessary for the defense of a person, family, or property, and (5), for the reason that he has never intended to carry a pistol, is forced by some exigency to remove a pistol from an unsafe to a safe place; or to prevent its unlawful use. Reed, Casper
Misdemeanor: OCGA 16-1-126(i)(1).
2nd or subsequent within 5y (from dates of arrest for which convictions obtained), then 2 to 5 y. Id. at (1)(2)
Please consult an attorney for more in-depth details of the Georgia Gun Laws.
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Marvin Dixon/Founder
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