Frequently Asked Questions

What Are Your Rights As A gun Owner In Georgia?

Gun Laws in Georgia

1. What are the basic gun laws in Georgia?

Concealed Carry: Georgia is a permitless (some call it “Constitutional Carry”) state and allows carry of a firearm openly or concealed to anyone with a Georgia Weapons Carry License, out of state license or permit, or to any person lawfully able to possess a firearm who would be eligible for a Georgia Weapons Carry License if he or she lived here.

Castle Doctrine: The Castle Doctrine is a legal philosophy applied to defense of a habitation (home, motor vehicle, or place of business) in Georgia. Georgia is also a ‘Stand Your Ground’ state and allows individuals to use force, including deadly force, if he or she reasonably believes it's necessary to lawfully protect themselves or another person, and applies in self-defense, defense of others, defense of habitation, or defense of real property.

Background Checks: Federal law requires background checks for purchases from licensed dealers, but private sales are not subject to this requirement unless the buyer doesn't have a valid carry license. Furthermore, those who possess a valid Georgia Weapons Carry License do not have to complete the standard NICS (National Instant Background Check System) check when purchasing a firearm from a Federal Firearms Licensee.

Prohibited Locations: Firearms are generally permitted in both public and private locations, subject to special restrictions for locations like courthouses, school buildings (though it is lawful for Lawful Weapons Carriers to carry onto school property in their vehicles) and churches (though churches can give permission). Owners or those in legal control of private property can exclude or eject individuals with firearms. Posted “No Firearms” signs do not automatically have the force of law.

2. How do I obtain a Weapons Carry License (WCL) in Georgia?

Eligibility: You must be at least 21 years old (or 18 if in the military with firearms training or honorably discharged), a legal resident of Georgia, and not prohibited by law from possessing a firearm.

Application Process:

• Complete an application from the Probate Court of your home county.

• Attend fingerprinting.

• Pay the application fee, which varies by county.

Processing Time: Processing can be as quick as two to four weeks, unless the Probate Court delays or denies your request. Each court follows roughly the same process to adjudicate denials, but there are differences from county to county.

3. What should I do if I've been charged with a gun-related offense in Georgia?

Seek Legal Representation: Immediately contact a lawyer with experience in firearms related matters. They can provide advice tailored to Georgia's laws.

Understanding Your Charges: Your attorney will explain the specifics of your charges, potential defenses, and the legal process.

Exercise Your Rights: Do not speak to law enforcement without your lawyer present, as anything you say could be used against you.

Prepare Your Defense: Collect any evidence that might help in your case, such as witness statements, video evidence, or proof of legal gun ownership

4. Can my Georgia WCL be suspended or revoked? 

Yes, under circumstances like: 

• A felony conviction.

• A qualifying misdemeanor conviction.

• Drug-related convictions.

• Mental health adjudications or commitments.

• Becoming a fugitive from justice.

Reinstatement: If your license was suspended for a temporary disqualification, you may be able to reapply once the disqualification is lifted.

5. How can I legally transport my firearm through Georgia if I am from out of state?

No WCL Required: Out-of-state residents can generally transport firearms in Georgia without a Georgia WCL if they're legally allowed to possess a firearm and would qualify for a Georgia Weapons Carry License if he or she were a resident.

All other states licenses and permits are recognized in Georgia.

Federal law also protects individuals who are ‘traveling’ (meaning, no stop-overs) who are lawful to possess a firearm in the state where travel begins and also lawful to possess in the state where travel ends. When a traveler separates the firearm from ammunition and places the firearm in a locked case inaccessible from the passenger compartment of the vehicle, any state may be traversed safely. This is the Firearm Owners Protection Act of 1985.

Air Travel: If flying, firearms must be declared at check-in, placed in checked luggage, unloaded, and in a locked hard-sided container.

What Are The Basic Rules Of Self-Defense In Georgia ?

1. Georgia is a “Stand Your Ground” State

Georgia has a "Stand Your Ground" statute, codified under the Official Code of Georgia (O.C.G.A.) § 16-3-23.1. This important statute allows individuals to use force, including deadly force, in self-defense without the obligation to retreat. The law extends the right of every person to "stand his or her ground" and use force if they reasonably believe it is necessary to defend themselves or others from imminent unlawful force, prevent death or great bodily harm, or to prevent the commission of a forcible felony. Notice the right includes the ability to protect others in the same way a third party could protect himself or herself.

2. The Law Includes a Justification for the Use of Force in Self-Protection

A person is justified in using threats of force, force, or even deadly force if they reasonably believe that such force is necessary to defend themselves or another person against another's imminent use of unlawful force. However, deadly force is only justified if the person believes it's necessary to prevent death, great bodily harm, or the commission of a forcible felony. See O.C.G.A. § 16-3-21. There is an element of “proportionality” to a use of force, however: the level of force used in self-defense must be proportional to the threat. Using deadly force against a minor threat (such as a slap) may not be legally justified.

- **No Duty to Retreat:** Unlike some states where there might be a duty to retreat before using force, in Georgia, there's no such requirement. You can stand your ground if you are legally where you have a right to be and are not committing an unlawful act. 

3. **Castle Doctrine:** 

While Georgia's laws incorporate aspects of the Castle Doctrine (the right to defend one's home without retreat), they expand this principle through the Stand Your Ground law, applying it beyond just one's home to any place where the individual is legally present.

4. **Defense of Property:** 

Concealed Carry: Georgia law allows for the use of force to prevent or terminate another's trespass or criminal interference with real property other than a habitation. However, the use of deadly force to defend property (outside of preventing forcible felonies like robbery) is more restricted and generally requires that the person believes such force is necessary to prevent the commission of a forcible felony.

5. **Burden of Proof:** 

In cases where self-defense is claimed, the burden is on the prosecution to disprove the self-defense claim beyond a reasonable doubt once the defendant presents ‘some evidence’ supporting their claim of justified use of force.

6. **Exceptions:** 

Self-defense cannot be claimed by someone who was the initial aggressor unless they withdraw, communicate this withdrawal to the other party, and the other continues to use deadly force. Also, the law does not protect those engaged in criminal activity at the time of the incident, unless they are defending themselves from an unrelated unlawful attack.

7. **Legal Considerations:**

Even if an act is considered self-defense, individuals might face initial charges, requiring them to prove in court that their actions were justified. It's advisable for anyone involved in a self-defense situation to consult with or retain a criminal defense attorney who understands Georgia's self-defense laws.

These laws are designed to allow individuals to protect themselves, but the interpretation of what is "reasonable" can be subjective and is often decided by a jury based on the specifics of each case.