The following is a video transcript.
Today we’ll discuss the three most common mistakes, or misunderstandings regarding firearm laws, carry laws, and travel in and outside of Georgia.
Misconception: You Must Have a License to Carry a Firearm
This is the most common mistake or misconception. Here’s what Georgia law says about the most common forms of lawful carry without a license in Georgia:
“Any person who is not prohibited by law from possessing a handgun or a long gun may have or carry on his or her person a weapon or a long gun on his or her property or inside his or her home, motor vehicle, or place of business without a valid Weapons Carry License.”
This means if you are not a juvenile, you have no felony convictions (or pending felony charges), you have no convictions for a misdemeanor crime of domestic violence, and you are not a first offender felony probationer, you are eligible to possess a firearm without a Weapons Carry License in Georgia. In fact, so long as you are eligible to possess it, you may possess a long gun without a Weapons Carry License, openly or concealed—so long as it’s unloaded, meaning no round in the chamber. Otherwise, it must be carried openly, and a handgun may be carried without a Weapons Carry License when it is enclosed in the case and unloaded.
Misconception: Informing Law Enforcement
In some states, when stopped or questioned by law enforcement—at a traffic stop, for example—you must inform a law enforcement officer that you have a weapon in your vehicle, and you must present your Weapons Carry License. Georgia is one of the few states that does not have a “Duty to Disclose” statute. You’re under no obligation to let a police officer know that you have a weapon, and you’re under no legal obligation to produce a Weapons Carry License. Common sense rules apply: if that weapon may be uncovered during your interaction (for instance, if your wallet and your pistol are both in the center console), it might be a good idea to let that officer know.
Misconception: You Must Lock Your Firearm in the Trunk
This third misconception rests on partial knowledge. As we know from our first topic, you can carry a firearm in your vehicle without a Weapons Carry License, if traveling in Georgia, and if you’re eligible. Matter of fact, you can carry it anywhere in the car, loaded or unloaded, openly or concealed. This applies to anyone traveling in Georgia and remember also, that Georgia recognizes the weapons permits and licenses from 32 other states. Those travelers are given the full rights of Georgia license holders, while in this state. So, travel in Georgia does not require locking your firearm away in the trunk. Travel in other states, however, is more problematic. You must follow the laws of the state you’re traveling through, and your Georgia Weapons Carry License may not be recognized.
Firearm Owners Protection Act
For those reasons, federal law protection, the “Firearm Owners Protection Act”, protects you when traveling from one state where you are lawful to carry, to any other state where you’re lawful to carry, when the firearm is unloaded and locked in the trunk of your vehicle (this goes for ammunition as well), or out of immediate reach. Your journey must begin and end in states where your possession of a firearm is lawful, and you must be engaged in traveling. A prolonged stop at a highway rest station may put you out of this category. This is where the common belief “you must lock your firearm in the trunk when you travel” arises. Take a look at the laws of the state you’re traveling through, and to, first!
For any other questions regarding Georgia gun law, common mistakes and misconceptions, call U.S. LawShield and ask to speak to your Independent Program Attorney today.
Do legally i can have my pistol loaded in my glove compartment? Any no im not a felon nor do i have a carry license
It literally says it in this article that you can do that.
Okay this is a good one , I’m from Charlotte No and if the police pulls you over you have to have the gun on the dashboard unloaded if you don’t have a ccw. When in Georgia if my gun is in the glove compartment do I let the officer know I have the gun in the compartment & have it out on the dashboard before the officer approaches the car ?
1. “You’re under no obligation to let a police officer know that you have a weapon, and you’re under no legal obligation to produce a Weapons Carry License”
2. “Matter of fact, you can carry it anywhere in the car, loaded or unloaded, openly or concealed”
By law you can.
What if it’s not my car and I’m passenger can I still have gun in glove or console?
Yes if the driver allows you to
I’m curious what qualifies as “…on his or her property…”. Would a homeowner standing on the lawn in front of their house be on his/her property (I would hope so).
What about on the sidewalk directly in front of their house?
I own and reside in high rise condominium. Other than inside my unit, what else might be considered my property?
The parking garage (I own a deeded space)?
Other common areas (pool, clubroom)
The sidewalks surrounding my building? The condo docs do show that each unit owns a VERY small amount of acreage within the footprint of the building…
Thanks for ur ideas!
If someone is on your property/lawn, threatening you while approaching your home and you have asked them to leave, can you fire at that person before they attempt to enter your house?
In Georgia, we have a self defense clause. If you are legally carrying a firearm, and an individual is a legitimate threat to life or limb (Note I did not say property, because lethal force is not legal to defend material possessions in Georgia), lethal force is 100% legal to defend your life, and depending on the jurisdiction within Ga, the life of an individual who is unable to defend themselves.
Amen thanks for sharing this awesome post luv it thank God for you sir
Are you (or the driver of a vehicle) considered to have and/or be “in possession” of a firearm that is located in the trunk?
My son is 19yrs old going to school in Trenton Ga. he will be there for 3 months how does the law state if he has a hand gun in his truck ( for protection)
In Georgia, the law is that it is legal to have the firearm in his truck. However, under State and Federal law it is highly illegal for him to have a firearm on school property without a GWCL (only issued to those 21 or older- exception for active military personnel).
Even with a GWCL, carry is rather restricted by the law and campus/school rules/regulations.
I have a friend who is older and made a mistake when he was younger and is now a felon in the laws eyes. Beside that he is an abiding citizen. When reading the Ga code for felons and firearms it states they cannot transport a firearm. What exactly does transportation of a firearm entail? Does this include if a felon is the driver of a car and the passenger has a legally registered firearm? Is this transportation of a firearm and is therefore illegal for the felon or does this only entail if their is a gun in the car when the felon is by themselves? I am curious due to this coming up on conversation.
Are you contradicting yourself when in paragraph one you say, “handgun may be carried without a Weapons Carry License when it is enclosed in the case and unloaded.” And, then in paragraph 3 you say, “Matter of fact, you can carry it anywhere in the car, loaded or unloaded, openly or concealed. ” ?
The way I read it, if you have no permit, you can carry a handgun loaded and stored anywhere you like as long as you’re in your car. Once you leave your car, it has to be unloaded and stored in a case. No contradiction there.
CCW Florida resident, if open carrying in Georgia, can handgun be loaded ( meaning: one in chamber) or uloaded