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If You Carry Know Your Laws! (FAQ)

Speaking from 20 years of experience, you need to have a long talk with your PMO (Provost Marshall's Office) or JAG (Judge Advocate General).

There are many instances where Commanders have made policy that prohibits their soldiers from doing certain things with personally owned firearms no matter what, or WHERE they are. Even if perfectly legal under state or federal law, you may still be in violation of some policy. Forewarned is fair play.

This has been a continuous issue since at least the late 70's.

Can you concealed carry if you are under 21 but in the military?
 
It wouldn't hurt to add a line item here to cover Army Corp of Engineers property like all of the parks and rec areas around Lake Lanier ....

I've decided to go ahead and make a FAQ thread for GA Laws. This is about CURRENT laws. Most of my information comes from these sources:

SB308
GeorgiaCarry.Org (The FAQ was just copied and pasted from the GCO web site.)

Firearms

Q: I just moved to Georgia. Where do I register my handgun?
A: Welcome to Georgia! There is no handgun registration here. People are sometimes surprised to learn that only 6 states have handgun registration. Georgia is not one of them.

Q: Are “machine guns, silencers, and sawed off shotguns” illegal in Georgia?
A: No. not as long as they are registered under the requirements of the National Firearms Act.

Q: What about “high capacity” magazines?
A: Do you mean normal capacity magazines? Georgia has no law reducing the capacity of magazines for firearms.

Q: How long is the waiting period to buy a Handgun / Shotgun / Rifle in Georgia?
A: There is no waiting period for purchasing a firearm in the state of Georgia.

Q: I just inherited / bought a gun from someone in Georgia, do I need to transfer the gun to my name?
A: No, there is no state registration of firearms, thus there is no requirement to transfer the firearm in your name, unless it is a NFA Firearm. (NFA is National Firearms Act – NFA Firearms are registered with the Bureau of Alcohol, Tobacco, Firearms and Explosives – better known as the ATF)

Q: What is required to purchase a firearm in the state of Georgia?
A: You will need a valid state-issued ID. Many Federal Firearms Licensees will not transfer long guns to out-of-state residents. This is due to the Federal Firearms Licensee’s requirement to uphold your resident state’s gun laws, and the inherent complexity associated with many states. Federal Firearms Licensee’s are prohibited by federal law from transferring hand guns to out-of-state residents.

Q: Do I have to pass a background check when purchasing a firearm from a Dealer?
A: You will be required to pass a background check when purchasing a firearm from a dealer. However, if you possess a valid Georgia Weapons License, your Georgia Weapons License will suffice as your background check. You will be required to show your state issued ID and your Georgia Weapons License in order to avoid the background check.

Q: Can I sell or purchase a firearm from someone other than a dealer? What about a background check in this instance?
A: Private sales of firearms between individual citizens are legal and do not require background checks. You are allowed to sell your private property to anyone of your choosing, unless the individual is ineligible to own or possess a firearm. Knowingly selling a firearm to a felon is a felony.


Reciprocity

States that honor a Georgia Weapons License (GWL) (and the states Georgia Honors)

Q: What states honor a Georgia Weapons License (or what states does GA honor)?
A: Alabama, Alaska, Arkansas, Arizona, Colorado, Florida, Idaho, Indiana, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Montana, New Hampshire, North Carolina, Oklahoma, Pennsylvania, South Dakota, Tennessee, Texas, Utah and Wyoming. Please see the Georgia Attorney General’s Press Advisory here for the latest information.

Q: What laws do I follow when carrying in another state?
A: You must follow the laws of the state you are in. A good resource for handgun laws in other states can be found here.


Places Off Limits

For those with a Georgia Weapons License or visiting Georgia with a reciprocal permit

Q: Can I carry to or at church?
A: No. You cannot carry into a church or place of worship, but with the passage of SB308, which removed the Public Gathering Laws, you may now have a weapon in your car in the parking lot with a valid Georgia Weapons License.

Q: What is a public gathering?
A: The Public Gathering Law was repealed when SB308 was signed into law on June 4, 2010. The Public Gathering was law in Georgia for 140 years and was one of the last Jim Crow laws to be repealed in Georgia.

Q: Can I carry at Applebee’s or [insert other restaurant here]?
A: SB308 does not prohibit carry for Georgia Weapons License holders in restaurants. However, individual restaurant owners have the option of asking you to leave their establishment if they do not wish for you to carry there. Should a business owner or his agent ask you to leave while you are carrying a firearm, do so immediately, or as soon as reasonably possible. Failure to leave within a reasonable time, or refusing to leave, is a criminal offense known as “criminal trespass.” In addition, please maintain a polite demeanor so as to project a good image of yourself and other GCO members to the business owner and any witnesses even when being asked to leave.

Q: Can I carry at a Bar?
A: SB308 criminalized bar carry, unless the owner of the bar grants permission to carry. If the bar owner does not allow carry, it is a crime to carry there.

Q: Can I carry at a State Park, Historic Area, or Wildlife Management Area?
A: Yes, including the publicly owned/operated buildings on those lands provided you possess a valid Georgia Weapons License.

Q: Can I carry in a city or county park?
A: Yes! GeorgiaCarry.Org fought battles with several cities and counties over this issue, and has been victorious each time. State law preempts local ordinances on this issue.

Q: What about the buildings in a city or county park?
A: Yes, unless the park buildings qualify as “government buildings” under SB308, you may carry in the buildings.

Q: What is a government building?
A: Government building means a building that houses an office, agency, authority, department, commission, board, body, division, instrumentality, or institution of the state or any county, municipal corporation, consolidated government, or local board of education within this state. In addition, any place where such government entity meets in its official capacity, but, if the building is privately owned, then only while the meeting is in session. If a privately owned building houses a government entity, then only the portion of the building that houses the government entity is off limits.

Q: I heard GeorgiaCarry.Org’s President state that it is illegal to carry into the restrooms at interstate rest areas. Is this true?
A: The statement was true until June 6, 2010 prior to the passage of SB308.

Q: What if a business posts a sign stating “No Firearms?”
A: While there is no law against carrying a firearm into a business that posts such a sign, GeorgiaCarry.Org encourages its members to respect the private property owner’s wishes. Why support such a business with your hard-earned money? There are plenty of businesses that support your right to bear arms. They are more deserving of your support.

Should a business owner or his agent ask you to leave while you are carrying a firearm, do so immediately, or as soon as reasonably possible. Failure to leave within a reasonable time, or refusing to leave, is a criminal offense known as “criminal trespass.” In addition, please maintain a polite demeanor so as to project a good image of yourself and other GCO members to the business owner and any witnesses even when asked to leave.

Q: I am a GeorgiaCarry.Org Member, and I own a restaurant. Am I required to allow everyone to carry a firearm on my property?
A: No. See the question and answer immediately above this one. In addition, please see the Employer/Employee section.

Q: May I carry at schools – K through 12?
A: No! However, a person with a Georgia Weapons License may carry a firearm while dropping off or picking up a student and also may keep a firearm in a motor vehicle while parked on campus.

Q: May I carry at technical schools and colleges?
A: No! However, a person with a Georgia Weapons License may carry a firearm while dropping off or picking up a student and also may keep a firearm in a motor vehicle while parked on campus.

Q: Can I carry at Stone Mountain Park?
A: Yes. GeorgiaCarry.Org filed a lawsuit against the Stone Mountain Memorial Association. As a result they no longer have a local ordinance prohibiting carry at the park for people with a valid Georgia Weapons License.
 
We have reciprocity with 3 more states Iowa, North Dakota, and Wisconsin.

Also on the state park question.....
Firearms except those that are unloaded, cased and stored are not permitted on sites that are leased, federal Army Corps of Engineers property, including:
Red Top Mountain
Seminole
George T. Bagby
Florence Marina
Tugaloo
Hart
Bobby Brown
Richard B. Russell
Elijah Clark
Mistletoe

Please contact your Congressman, don't forget to tell them to add TVA to any law doing away with this silly rule.
 
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