Quick Answer
Since April 12, 2022, most adults in Georgia can carry a handgun without a weapons carry license, but only if they are a “lawful weapons carrier,” meaning a person who would be eligible for a license and is not barred from having a gun. Carrying is still a crime if you are under 21 without military service, have a felony record or a pending felony charge, or fall under another state or federal prohibition. It is also still illegal to carry in courthouses, jails, screened government buildings, past airport security, near active polling places, and in other listed locations. A first offense of carrying without being a lawful weapons carrier is a misdemeanor, and a second within five years is a felony.
Key Takeaways
- Senate Bill 319 did not abolish the weapons carry license. It created the “lawful weapons carrier” category, and anyone outside it can still be charged.
- Age, felony history, pending felony charges, certain drug and weapons misdemeanors, and some mental health adjudications can disqualify you.
- The list of off-limits places in O.C.G.A. 16-11-127 survived constitutional carry largely intact.
- Federal law still applies, including the school zone rule, federal buildings, and TSA checkpoint penalties at Hartsfield-Jackson.
- A gun charge in Atlanta often turns on eligibility, knowledge, and how the police found the gun.
What Georgia’s 2022 Permitless Carry Law Changed
Georgia’s constitutional carry law is Senate Bill 319, whose official short title is the “Chairman John Meadows Act.” It became Act 596 and took effect on April 12, 2022, the day the Governor signed it. It amended more than a dozen code sections, but its core change was a new definition in O.C.G.A. 16-11-125.1.
The “lawful weapons carrier” definition
A lawful weapons carrier is any of the following:
- A person who is licensed or eligible for a license under O.C.G.A. 16-11-129 and is not otherwise prohibited by law from possessing a weapon or long gun
- A resident of another state who would be eligible for a Georgia license except for the residency requirement
- Any person licensed to carry a weapon in any other state
The key word is eligible. You no longer need the plastic card, but you must still meet every requirement that would have qualified you for one. If you would be denied a license, you are not a lawful weapons carrier, and carrying a handgun in public is a crime.
What stayed the same
The license still exists. Under O.C.G.A. 16-11-129, you apply to the judge of the probate court, and a license is valid for five years. It still matters for carrying in states that recognize Georgia’s license, for the airport checkpoint safe harbor discussed below, and for proving status quickly if questions come up. Our post on Georgia laws on carrying and possession of firearms covers the license process in more detail.
SB 319 also left the unauthorized locations list in place, preserved private property owners’ right to exclude armed visitors, and dropped the old rule that a loaded long gun had to be carried openly. Under O.C.G.A. 16-11-137, as rewritten by SB 319, a person carrying a weapon cannot be detained for the sole purpose of investigating whether he or she is licensed or is a lawful weapons carrier.
Changes since 2022, and what has not changed
Two other 2022 acts matter here. HB 218 (Act 597, effective July 1, 2022) lets a non-resident carry in Georgia if licensed to carry a weapon in any other state. SB 479 (Act 647, effective July 1, 2022) made each firearm a separate count in a felon-in-possession case under O.C.G.A. 16-11-131.
Since then, the General Assembly’s annual summaries show only minor changes to the carry statutes. Two 2024 acts touched 16-11-129: HB 299 added the Space Force to military provisions, and HB 1018 barred government databases of firearm owners and license applicants. Neither the 2025 nor the 2026 session amended 16-11-125.1 through 16-11-137. In 2026, SB 204, which would have given lawful weapons carriers standing to sue public entities over unlawful firearm restrictions, was vetoed (Veto No. 10). The rules below are the ones in force in October 2026.
The penalty for carrying outside the definition
Under O.C.G.A. 16-11-126, a person who carries a weapon without being a lawful weapons carrier, and who does not fit another exception, commits unlawful carrying of a weapon. A first offense is a misdemeanor. A second offense within five years, measured from arrest dates, is a felony carrying 2 to 5 years in prison.
Who Is Still Prohibited From Carrying
Because the lawful weapons carrier test borrows the license eligibility rules, the most common permitless carry arrests in Atlanta involve people who did not realize they were ineligible.
Georgia’s license disqualifiers
Under O.C.G.A. 16-11-129(b), a person is not eligible for a license, and therefore is not a lawful weapons carrier, if he or she:
- Is under 21, unless at least 18 and has completed basic military training and is serving or was honorably discharged
- Has been convicted of a felony in Georgia, another state, or federal court and has not been pardoned for it
- Has a felony charge pending
- Is a fugitive from justice
- Is prohibited from possessing firearms under federal law, 18 U.S.C. 922(g) or (n)
- Has a conviction for manufacturing or distributing a controlled substance
- Had a weapons carry license revoked within the past three years
- Has a recent conviction for carrying a weapon in an unauthorized location, or a misdemeanor drug possession conviction, without five years free of supervision and further convictions
- Was an inpatient in a mental hospital or alcohol or drug treatment center within the past five years, although the probate judge has discretion to issue a license after reviewing the circumstances
- Was found incompetent to stand trial or not guilty by reason of insanity, unless a court has granted relief by petition under 16-11-129(b.1)
The under-21 trap
A 19-year-old who is not in the military can keep a handgun at home, in his car, or at his place of business under O.C.G.A. 16-11-126(a), and can carry a long gun under 16-11-126(b). But he is not a lawful weapons carrier for a handgun on his person in public. A pistol in a waistband on Peachtree Street can lead to a misdemeanor arrest, and a second within five years can become a felony.
Felons and felony first offender probationers
O.C.G.A. 16-11-131 makes it a separate, more serious felony for a person convicted of a felony, or on felony first offender probation, to receive, possess, or transport a firearm. It carries 1 to 10 years, or a five-year sentence when the prior felony was a forcible felony, and since SB 479 took effect in 2022 each firearm counts as a separate offense. Federal prosecutors can also charge the same conduct under 18 U.S.C. 922(g), punishable by up to 15 years. If you have an old conviction, our page on restoration of rights in Georgia explains the pardon route.
Federal prohibitions that travel with you
Under 18 U.S.C. 922(g), federal law also bars possession by unlawful users of controlled substances, people subject to qualifying protective orders, people convicted of a misdemeanor crime of domestic violence, and several other groups. Georgia’s eligibility rule incorporates these bars, so each one also takes away lawful weapons carrier status.
Places Where Carrying Is Still Illegal
Even an eligible lawful weapons carrier commits a misdemeanor by carrying a weapon or long gun in any location listed in O.C.G.A. 16-11-127(b). The list is short, but it covers places Atlanta residents visit all the time.
The statutory list
You may not carry:
- In a government building without being a lawful weapons carrier
- In a courthouse
- In a jail or prison
- In a place of worship, unless its governing body permits lawful weapons carriers to carry
- In a state mental health facility that admits people on an involuntary basis
- On the premises of a nuclear power facility
- Within 150 feet of a polling place while an election is being conducted
Government buildings with screening
A lawful weapons carrier may carry in a government building that is open for business and has no security screening at the entrance. Where entry is screened and at least one screener is a certified peace officer, entering or trying to enter with a weapon is a misdemeanor. The statute gives a safe harbor to a lawful weapons carrier who immediately leaves on being told the weapon will not clear security. A person who is not a lawful weapons carrier commits a misdemeanor by attempting to enter any government building with a weapon, screened or not. Before walking into a government office with a gun, look for a screening station at the door.
Courthouses, places of worship, and schools
A courthouse is off-limits whether or not there is screening. Places of worship are off-limits unless the congregation opts in. A lawful weapons carrier who violates the worship rule cannot be arrested and faces a fine of no more than $100. On school property, school functions, and school buses, O.C.G.A. 16-11-127.1 makes a violation a misdemeanor for a lawful weapons carrier and a felony of 2 to 10 years for anyone else, with exceptions for picking up students and for weapons kept in a vehicle. College campuses have their own exception: a lawful weapons carrier may carry a concealed handgun in most campus buildings, but not in student housing, athletic venues, preschool or childcare spaces, rooms used for dual-enrollment high school classes, or faculty and disciplinary offices. A first violation of those limits is a $25 fine with no jail time.
Private property and federal buildings
Private owners and tenants can still bar guns from their property. If you are told to leave and refuse, criminal trespass can follow. Federal law is separate as well. Under 18 U.S.C. 930, knowingly possessing a firearm in a federal facility carries up to 1 year, and up to 2 years in a federal court facility. Georgia’s own carry statute expressly says it does not authorize carrying where federal law prohibits it.
Guns in Cars and at Airports
Vehicles and the airport are where Atlanta gun cases most often surprise people, because state law is generous in one place and federal rules are strict in the other.
Cars, parking lots, and work
Under O.C.G.A. 16-11-126, anyone not prohibited from having a gun may keep one in his or her own motor vehicle, and a lawful weapons carrier may transport a handgun or long gun in any private passenger vehicle. Parking at a courthouse, jail, place of worship, or government building is generally protected: 16-11-127(d)(3) exempts a lawful weapons carrier’s gun that is under the person’s control in the vehicle or locked in a compartment, container, or rack while the vehicle is in the designated parking facility. Under O.C.G.A. 16-11-135, employers generally cannot bar a lawful weapons carrier employee from the parking lot when the gun is locked out of sight in a privately owned vehicle.
The car exceptions do not cover people who are prohibited from possessing firearms. For a felon, a gun in the console is the same felony as a gun in a pocket.
The school zone problem
Federal law adds a trap for permitless carriers. 18 U.S.C. 922(q) makes it a crime to knowingly possess a firearm in a school zone, defined as school grounds or within 1,000 feet of them. One exception covers a person licensed by the state where the law enforcement authorities must verify that the person is qualified before the license issues. A person carrying only under Georgia’s permitless rule has no license to show, so the exceptions left are private property that is not part of school grounds and a gun that is unloaded and in a locked container or a locked firearms rack on a vehicle. A violation is a federal crime even when Georgia law allowed the carry.
Hartsfield-Jackson
Hartsfield-Jackson Atlanta International Airport leads the country in guns found at security checkpoints. In its January 2025 Georgia release, TSA reported that officers found 498 firearms in carry-on bags at Georgia airports in 2024, including 440 at ATL, the most of any airport in the nation. TSA also warned that travelers caught with a gun can lose TSA PreCheck eligibility for up to five years. The lawful way to fly with a gun is unloaded, in a locked hard-sided case, in checked baggage, declared at the airline counter.
Georgia law, O.C.G.A. 16-11-130.2, allows carrying in the public areas of the terminal, such as parking areas, drives, and shops before the checkpoint. It is a misdemeanor to knowingly enter the restricted area, at or beyond the screening checkpoint, with a weapon. The statute protects a “license holder” who is notified at screening and immediately leaves after completing federal screening procedures. SB 319 did not update that wording to “lawful weapons carrier,” which is another reason travelers who carry should consider holding a license. Separately, TSA can impose civil penalties of up to $17,062 per violation, regardless of what happens in state court. Its current guidance lists $3,000 to $12,210 for a loaded firearm, or an unloaded one with accessible ammunition, on a first violation, plus a criminal referral.
Defending a Weapons Charge in Atlanta
Gun charges in Fulton County typically start with a traffic stop, a call about a person with a gun, or an arrest for something else. The defense depends on which statute the State charged and how officers found the weapon. Our Atlanta gun crimes defense page summarizes the charges we handle.
Lawful weapons carrier status
In a 16-11-126 case, the first question is whether you were in fact eligible. An old arrest, a dismissed case, or a misdemeanor drug conviction that is more than five years behind you may not disqualify you at all. We pull the full criminal history, court dispositions, and any pardon or restoration order, and we check whether a five-year waiting period had already run.
Location and exceptions
In a 16-11-127 case, the State must prove the place was one of the listed locations at that time. A polling-place charge requires an active election and the 150-foot distance. A government-building charge requires screening by a certified peace officer, and the statute excuses anyone who promptly leaves. The parking facility and notify-security exceptions often fit the facts.
Knowledge and possession
Many cases involve a gun found in a shared car, a borrowed bag, or a home with several occupants. The State must prove you knowingly possessed it. Equal access to the vehicle or room, the absence of fingerprints or DNA, and the gun’s location all matter.
The stop and the search
Because 16-11-137 bars detaining someone solely to check license status, a stop based only on seeing a holstered gun may be unlawful. Evidence from an unlawful stop or search can be suppressed, which we discuss in our post on warrantless searches and the Fourth Amendment. If the gun is suppressed, the State may have nothing left to prove.
Outcomes that protect your rights
For a first misdemeanor carry offense, we look at dismissal, diversion, or a disposition that avoids a conviction, since a second unlawful carrying conviction within five years is a felony, and a conviction for carrying in an unauthorized location under 16-11-127 blocks license eligibility for five years. In felony possession cases, the focus is suppression, possession, and sentencing exposure in both state and federal court.
Example Scenarios
These hypothetical examples show how the rules apply. They are illustrations, not results from our cases.
The 20-year-old at a Midtown bar
Jaylen, 20, carries a pistol in his waistband outside a Midtown restaurant and is stopped after a fight nearby. He has no record but has never served in the military, so he is not a lawful weapons carrier. The charge is a misdemeanor under 16-11-126. The defense focuses on the basis for the stop and on a resolution that keeps a conviction off his record, because a second carry arrest within five years that ends in a conviction would be a felony.
The checkpoint at ATL
Renee, a nurse with no license but no disqualifying history, forgets a handgun in her backpack and it is found at the Hartsfield-Jackson checkpoint. TSA opens a civil case, and Atlanta police cite her under 16-11-130.2. Because she holds no license, the statute’s safe harbor for a license holder who immediately leaves does not protect her. Her defense centers on knowledge: the State must prove she knowingly possessed the gun when she entered the screening area, and evidence that she packed the bag for a different trip, or that someone else used it, matters.
The old conviction
Marcus has a 15-year-old felony theft conviction and keeps a handgun in his glove box for protection. During a traffic stop on I-285, the gun is found. Even though the car exception helps most people, it does not help a convicted felon, and he faces a 16-11-131 felony. The defense examines the stop, whether he knowingly possessed the gun, and whether any pardon or restoration of rights applies.
Frequently Asked Questions
Can I carry a gun in Georgia without a permit?
Yes, if you are a lawful weapons carrier: 21 or older (or 18 with qualifying military service), not prohibite