Code Sections

The code sections are all Copyright © 2008 by The State of Georgia

O.C.G.A. § 16-11-126
Carrying a concealed weapon

(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, knuckles whether made from metal, thermoplastic, wood, or other similar material, 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. Any person having been issued a license to carry a concealed weapon pursuant to Code Section 16-11-129 shall be permitted to carry such weapon, subject to the limitations of this part, in all parks, historic sites, or recreational areas as defined by Code Section 12-3-10 and in all wildlife management areas.

(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.

(e) 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.

(f) On and after October 1, 1996, a person licensed to carry a handgun in any state whose laws recognize and give effect within such state to a license issued pursuant to this part shall be authorized to carry a handgun in this state, but only while the licensee is not a resident of this state; provided, however, that such license holder shall carry the handgun in compliance with the laws of this state.

HISTORY: Laws 1837, Cobb's 1851 Digest, pp. 848, 849; Ga. L. 1851-52, p. 269, §§ 1-3; Code 1863, § 4413; Ga. L. 1865-66, p. 233, §§ 1, 2; Code 1868, § 4454; Code 1873, § 4527; Ga. L. 1882-83, p. 48, § 1; Code 1882, § 4527; Ga. L. 1898, p. 60, § 1; Penal Code 1895, § 341; Penal Code 1910, § 347; Code 1933, § 26-5101; Code 1933, § 26-2901, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1976, p. 1430, § 1; Ga. L. 1982, p. 3, § 16; Ga. L. 1992, p. 6, § 16; Ga. L. 1996, p. 108, § 1; Ga. L. 1998, p. 1153, § 1; Ga. L. 2000, p. 1630, § 3; Ga. L. 2007, p. 47, § 16/SB 103; Ga. L. 2008, p. 533, § 3/SB 366; Ga. L. 2008, p. 1199, § 3/HB 89.