Georgia Constitutional Carry and Weapons Law

Georgia Senate Bill 319, commonly referred to as the Georgia Constitutional Carry Act, was signed into law by Governor Brian Kemp in April 2022. The law amended O.C.G.A. 16-11-126 and related provisions to allow most adults who can lawfully possess a firearm to carry a handgun in many public places throughout Georgia without first obtaining a Weapons Carry License. The change removed the prior licensing requirement for carrying, but it did not remove the underlying restrictions on who may legally possess a firearm or where firearms may be carried.

Who Qualifies as a Lawful Weapons Carrier

The permitless carry provisions apply to a “lawful weapons carrier,” a term defined under O.C.G.A. 16-11-126 to mean a person who is eligible for a Georgia Weapons Carry License, whether or not that person has actually obtained one, and who is not otherwise prohibited by law from possessing a firearm. As a general matter, eligibility requires the person to be at least 21 years old. An exception applies to members of the armed forces: a person at least 18 years old who can show proof of completed basic training and who is either actively serving or has been honorably discharged may also qualify as a lawful weapons carrier without reaching the standard age threshold.

What Changed With Permitless Carry

Before SB 319 took effect, a person generally needed a Weapons Carry License to carry a concealed handgun in public in Georgia. Under the current law, a lawful weapons carrier may carry a concealed handgun in most of the same public locations where a license holder was previously permitted to carry, without applying for or obtaining that license first. Georgia also remains an open carry state, meaning lawful carriers may openly carry a handgun in locations where carrying is otherwise permitted, in addition to carrying concealed.

The Weapons Carry License Still Has Value

Even though a license is no longer required to carry in most public places, obtaining a Weapons Carry License remains an option, and it continues to serve a real purpose. A license holder benefits from reciprocity, meaning that a number of other states recognize a valid Georgia license and allow the holder to carry there under that state’s terms, even though those other states do not recognize Georgia’s permitless carry status on its own. A person who wants that interstate recognition must still apply for a license through the standard process and meet the qualifications the state requires, including any required background check.

Restrictions That Survive Permitless Carry

Permitless carry did not eliminate the categories of people who are barred from possessing or carrying firearms under Georgia and federal law. Persons convicted of a felony remain prohibited from possessing a firearm, as do persons currently serving a sentence under felony first offender treatment. Persons convicted of certain family violence offenses, persons who have been involuntarily hospitalized or adjudicated mentally incompetent, and other categories of individuals prohibited under federal law, including 18 U.S.C. 922(g), remain barred from carrying regardless of the 2022 changes. A person who falls into one of these prohibited categories does not become a lawful weapons carrier simply because a license is no longer generally required.

Locations Where Firearms Remain Restricted

O.C.G.A. 16-11-127 and 16-11-127.1 continue to restrict carrying in a defined list of locations even for a lawful weapons carrier. These restricted locations include school safety zones and school functions, courthouses, certain government buildings, jails and prisons, nuclear power facilities, polling places, and establishments primarily devoted to serving alcohol for consumption on the premises, subject to specific statutory exceptions. Places of worship are also restricted unless the governing body or authority of that place of worship has given permission for lawful weapons carriers to carry on the premises. Carrying in violation of these location-based restrictions can still result in criminal penalties even though no license is required to carry in unrestricted public locations.

The Core Distinction to Understand

The central point of the 2022 changes is that Georgia eliminated the licensing requirement for many adults to carry a handgun in public, not that it eliminated the underlying rules governing who may legally possess a firearm or where a firearm may be carried. Age requirements, prohibited-person categories, and location-based restrictions all continued to apply after SB 319 took effect, operating alongside the new permitless carry framework rather than being replaced by it.

This article provides general information about Georgia law and is not legal advice. Consult a licensed Georgia attorney about a specific situation.