In order to legally obtain a firearm in Georgia, you are required to purchase the weapon through a licensed dealer after completing an FBI background check, or by making the purchase through a private seller. Georgia does allow for permitless carry, meaning residents over the age of 21 who meet the eligibility requirements are eligible to carry their firearm without a permit. However, by obtaining a Georgia Weapons Carry License through your local probate court, you are exempt from undergoing dealer background checks and are eligible for out-of-state reciprocity.

How Can I Legally Purchase a Firearm in Georgia?

When a Georgia resident is seeking to obtain a firearm, it is important to understand the legal method of obtaining and owning a firearm in the state. Continue reading to discover how to legally get a firearm in Georgia, plus learn the individuals who are ineligible for firearm licenses in Georgia. In accordance with both federal and Georgia law, the purchasing process depends on the source from which you are purchasing the firearm, whether it be a private seller or a federally licensed dealer.

Requirements for Purchasing from a Licensed Dealer

In order to purchase a firearm through a Federally Licensed Firearms (FFL) dealer in Georgia, applicants must meet strict statutory requirements in accordance with ATF regulations. This includes identification and verification.

  • Background Checks: Individuals will be required to pass a background check via the FBI NICS system if they are purchasing a firearm in Georgia from a dealer.
  • WCL Exemption: However, if you hold a Georgia Weapons License, you will be exempt from background checks.
  • Identification Requirements: When an individual is purchasing a long gun or handgun, they will be required to bring a valid, government-issued photo identification card showing their current address.
  • Federal Regulations: This regulation is under the National Firearms Act and Brady Handgun Violence Prevention Act rules.

Quick Reference: Georgia Firearm Purchase Rules

  • Background Check Requirement: Required for all sales through federally licensed dealers (FFL); exempt for active Georgia Weapons Carry License (WCL) holders.
  • State Waiting Period: Georgia law imposes no mandatory waiting period after purchasing a firearm.
  • Firearm Registration: Georgia does not maintain a firearm registry or require permits to purchase.

Do You Need a License to Carry a Firearm in Georgia?

In accordance with Georgia’s Constitutional Carry Law, those who lawfully carry a weapon may carry a handgun in the open or concealed in most public places in the state without a state permit. Gun owners are not required to obtain a firearm license if they keep the firearms in their home, place of business, boat, or car. However, obtaining an optional Georgia Weapons Carry License (WCL) provides distinct legal advantages.

Benefits of Applying for a Georgia Weapons Carry License (WCL)

Though permits are no longer mandatory to carry in public throughout Georgia, a WCL is often recommended for additional legal protection and out-of-state benefits.

  • Out-of-State Reciprocity: A Georgia WCL allows you to legally carry a concealed firearm in states that share permit reciprocity agreements with Georgia.
  • Bypassing Purchase Background Checks: Holding a valid WCL allows you to bypass the National Instant Criminal Background Check System (NICS) background check fee and delay when buying at a gun store.
  • Protection in Specific Zones: A WCL provides statutory protections when traveling through restricted areas like school safety drop-off zones.

How to Apply for a Georgia Weapons Carry License

If you wish to apply for a Georgia Weapons Carry License, you are required to complete the official application process as outlined by Georgia.gov. This process will be administered by your local county court.

  • Age and Citizenship: Georgia residents must be United States citizens (or legal permanent residents) and at least 21 years of age to obtain a Georgia license to carry a firearm (or 18+ if serving on active duty in the U.S. Armed Forces).
  • Filing Location: Individuals must apply with the probate court in their county of residence to obtain a firearm carry license.
  • Fingerprinting and Fees: To obtain a firearm carry license, the individual will be fingerprinted for a GBI/FBI criminal history background check and will have to pay an application fee.
  • Validity Period: Firearm carry licenses will be valid for five years before requiring renewal under O.C.G.A. § 16-11-129.

Who Is Ineligible for a Firearm License in Georgia?

It is important to understand who is ineligible for firearm licenses in Georgia to avoid penalties and potential criminal charges. Under O.C.G.A. § 16-11-129 and federal law, certain criminal, civil, and medical history factors will automatically disqualify an applicant.

Disqualifying Factors Under Georgia and Federal Law

It’s important to understand that there are a number of factors that can render you legally prohibited from obtaining a WCL in Georgia or possessing a firearm, including:

  • Felony Records: Individuals convicted of a felony who have not had their civil and gun rights explicitly restored by the Georgia State Board of Pardons and Paroles
  • Domestic Violence Convictions: Individuals convicted of a misdemeanor crime of domestic violence.
  • Restraining Orders: Individuals with an active qualifying restraining order or protective order against them.
  • Military Discharge Status: Individuals dishonorably discharged from the Armed Forces.
  • Inpatient Mental Health Treatment: Individuals who have been hospitalized in a mental institution within five years of applying for their license.
  • Substance Abuse Treatment: Individuals who have been admitted to a drug/alcohol rehabilitation center within five years of applying for their license.
  • Immigration Status: Individuals who are not lawfully present in the country or non-immigrant visa holders without specific statutory exemptions.

Legal Warning & Eligibility Summary

  • Felony Possession Penalties: It is a separate felony offense under Georgia law for a convicted felon to possess a firearm, carrying penalties of up to 5 years in prison.
  • Rights Restoration Timeline: Individuals with past felony convictions must wait at least 5 years following sentence completion before applying for firearm rights restoration.

Contact Our Experienced Criminal Defense Firm

If you are seeking to obtain a firearm in Georgia and want to know more information regarding the process, or if you are facing weapon-related charges or rights restoration questions, do not hesitate to reach out to our experienced criminal defense firm today. At the Miller Law Practice, we support clients through a variety of legal matters. If you are facing criminal charges or have been injured due to the negligence of another party, our firm will fight for you. Contact Miller Law Practice today.