Carrying a Weapon Without a License in Georgia

Legal Requirements for Carrying a Weapon in Georgia

According to the Georgia Code, most residents can legally carry a concealed firearm without a license, removing the requirement for a government-issued permit to carry firearms in public.

As of April 12, 2022, Georgia law allows most residents to carry a concealed firearm without a license, eliminating the need for a government-issued permit. Any “lawful weapons carrier” can carry handguns openly or concealed in most public spaces without a background check or permit. A “lawful weapons carrier” includes those eligible for a Georgia weapons carry license, residents of other states who would be eligible except for residency requirements, and those licensed in other states.

There are age requirements, and certain convictions can disqualify an individual from obtaining a license.

• Age Requirements: Residents must be at least 21 years old to carry a weapon. However, those 18 or older can carry if they are in the military, have completed basic training, and can show proof of active duty or honorable discharge.
• Criminal History: Individuals convicted of felonies cannot carry firearms. Additionally, those with certain misdemeanors or active restraining orders are also ineligible.

Applying for a Weapons Carry License in Georgia to Carry Out Of State

In general, weapons carry licenses are issued by probate court judges, who grant licenses to applicants who meet minimum qualifications but may deny them based on their moral character. Some criteria for eligibility include, but are not limited to:

1. Eligibility: You must be at least 21 years old (18 if in the military), not a convicted felon, not a fugitive, and not prohibited under federal law from possessing a firearm. Other disqualifications include recent mental health hospitalizations, certain drug-related offenses, and having a revoked license within the last three years.
2. Application: Submit your application at your county’s probate court with a valid photo ID and application fee.
3. Background Check: Undergo a criminal history check and fingerprinting. The judge must issue the license within a specified timeframe if you meet all criteria.
4. Mental Health Petition: You may petition for relief if previously barred for mental health reasons. A court hearing will determine eligibility, and approved cases are reported to the Georgia Crime Information Center.
5. Training: Note that firearm safety training is not required in Georgia.
6. License Validity: Licenses are valid for five years, with renewals following the same process minus fingerprinting.

When Carrying a Firearm Becomes a Crime in Georgia

Carrying a firearm becomes a crime in Georgia under specific conditions, such as:

• Carrying without a permit in restricted areas such as schools and government buildings, etc.
• Possession by prohibited individuals, including felons, those with restraining orders, and individuals under the age of 21.
• Using a firearm while committing a crime.

Punishments

Punishments vary based on the offense:

• Misdemeanor: Up to one year in jail and/or fines
• Felony: At least one year in prison and even harsher penalties, depending on the circumstances.

Defense Strategies for Carrying a Weapon Without a License

When charged with carrying a weapon without a license, several common legal defenses can be employed:

• Lack of Knowledge: If you were unaware that a permit was required, this can be a valid defense. Mistakes of fact, such as believing your permit covered multiple jurisdictions, can also apply.
• Intent and Circumstances: The intent behind carrying the weapon and the specific circumstances matter. If you had no intent to commit a crime or were carrying the weapon temporarily for a legitimate reason, these can be mitigating factors.
• Valid Permit: Demonstrating that you had a valid permit at the time of the incident can be a strong defense.
• Self-Defense: If you used the weapon in response to an immediate threat, this can serve as a defense.

If you are facing a weapons charge, our legal team at Philip Kim Law, P.C. can help you. We will thoroughly evaluate your case and develop a solid defense strategy.

How Philip Kim Law, P.C. Can Help

Understanding and adhering to weapon-carrying laws is crucial. A skilled attorney can navigate these laws and fight for the best possible outcome.

At Philip Kim Law, P.C., we have extensive experience defending clients against weapons charges. Our deep understanding of state and federal gun laws ensures you receive skilled legal representation.

We provide aggressive representation and defense strategies to fight for the best possible outcome. Our experienced attorneys will protect your rights and guide you through every step of the process. Our services include:

• Case Evaluation: We thoroughly analyze your situation to build a strong defense.
• Legal Representation: We provide professional representation in court to protect your rights.
• Negotiation Skills: We effectively negotiate with prosecutors to reduce or dismiss charges.

Contact Philip Kim Law, P.C., for a free consultation to discuss your case and understand your options. Our team is dedicated to providing the best defense for your situation.