Unlawful Possession of a Firearm (16-11-123)
A person commits the offense of unlawful possession of firearms or weapons when he or she knowingly has in his or her possession any sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon, or silencer, and, upon conviction thereof, he or she shall be punished by imprisonment for a period of five years.
Carrying a Concealed Weapon (16-11-126)
(a) A person commits the offense of carrying a concealed weapon when such person knowingly has or carries about his or her person, unless in an open manner and fully exposed to view, any bludgeon, metal knuckles, firearm, knife designed for the purpose of offense and defense, or any other dangerous or deadly weapon or instrument of like character outside of his or her home or place of business, except as permitted under this Code section.
(b) Upon conviction of the offense of carrying a concealed weapon, a person shall be punished as follows: (1) For the first offense, he or she shall be guilty of a misdemeanor; and (2) For the second offense, and for any subsequent offense, he or she shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than two years and not more than five years.
(c) This Code section shall not permit, outside of his or her home, motor vehicle, or place of business, the concealed carrying of a pistol, revolver, or concealable firearm by any person unless that person has on his or her person a valid license issued under Code Section 16-11-129 and the pistol, revolver, or firearm may only be carried in a shoulder holster, waist belt holster, any other holster, hipgrip, or any other similar device, in which event the weapon may be concealed by the person's clothing, or a handbag, purse, attache case, briefcase, or other closed container.
(d) This Code section shall not forbid the transportation of any firearm by a person who is not among those enumerated as ineligible for a license under Code Section 16-11-129, provided the firearm is enclosed in a case, unloaded, and separated from its ammunition. This Code section shall not forbid any person who is not among those enumerated as ineligible for a license under Code Section 16-11-129 from transporting a loaded firearm in any private passenger motor vehicle in an open manner and fully exposed to view or in the glove compartment, console, or similar compartment of the vehicle; provided, however, that any person in possession of a valid permit issued pursuant to Code Section 16-11-129 may carry a handgun in any location in a motor vehicle.
School Safety Zones
School safety zone means in, on, or within 1,000 feet of any real property owned by or leased to any public or private elementary school, secondary school, or school board and used for elementary or secondary education and in, on, or within 1,000 feet of the campus of any public or private technical school, vocational school, college, university, or institution of postsecondary education.
Absolutely no weapons of any kind are allowed in school zones: guns, knives, num chucks, box cutters, razors, bats, etc.
Possession of a Firearm During the Commission of Certain Crimes (16-11-106)
(a) For the purposes of this Code section, the term "firearm" shall include stun guns and tasers.(b) Any person who shall have on or within arm's reach of his or her person a firearm or a knife having a blade of three or more inches in length during the commission of, or the attempt to commit:
- Any crime against or involving the person of another;
- The unlawful entry into a building or vehicle;
- A theft from a building or theft of a vehicle;
- Any crime involving the possession, manufacture, delivery, distribution, dispensing, administering, selling, or possession with intent to distribute any controlled substance or marijuana as provided in Code Section 16-13-30;
- Any crime involving the trafficking of cocaine, marijuana, or illegal drugs as provided in Code Section 16-13-31; and which crime is a felony, commits a felony and, upon conviction thereof, shall be punished by confinement for a period of five years, such sentnece to run consecutively to any other sentnece which the person has received.
Possession of a Firearm by a Convicted Felon (First Offender) (16-11-131)
(a) As used in this Code section, the term: (1) "Felony" means any offense punishable by imprisonment for a term of one year or more (2) "Firearm" includes any handgun, rifle, shotgun, or other weapon which will or can be converted to expel a projectile by the action of an explosive or electrical charge.
b) Any person who is on probation as a felony first offender and who receives, possesses, or transports any firearm commits a felony and, upon conviction thereof, shall be imprisoned for not less than one nor more than five years; provided, however, that if the felony as to which the person is on probation or has been previously convicted is a forcible felony, then upon conviction of receiving, possessing, or transporting a firearm, such person shall be imprisoned for a period of five years.
Federal Gun Law Caveats
A person convicted of family violence battery is prohibited under federal law from possessing a firearm. A person can be convicted for a felon being in the possession of bullets under the federal system. All guns purchased in Georgia are immediately entered into the FBI NICs system.