Have You Been Charged with Carrying a Weapon Without a License in Georgia?
Georgia has a myriad of laws relating to the possession or sale of handguns, long guns, or other weapons. The penalties range from misdemeanor charges to felony charges with lengthy prison terms and extensive fines. It is critical to understand Georgia's weapon laws and where to turn if you find yourself arrested. If you or a loved one has been arrested for carrying a weapon without a license in Georgia, contact us now. Our team has more than 50 combined years of criminal defense experience.
Possessing or Carrying a Handgun, Long Gun, or Other Weapon Without a License in Georgia
According to O.C.G.A. § 16-11-126, no person shall carry a weapon without a valid weapons carry license.
When Can You Carry a Weapon Without a Weapons Carry License in Georgia?
A person who is not prohibited by Georgia law from possessing a weapon may carry a weapon without a license in specific situations. These limited circumstances include:
- Carrying a weapon inside your home, motor vehicle, or place of business;
- Carrying a long gun, as long as if the long gun is loaded, it must be carried in an open and exposed manner;
- Carrying a handgun in a case if it is unloaded
Additionally, a person who has a valid hunting or fishing license may engage in hunting or fishing with a weapon or long gun without a valid weapons license if they have the permission of the owner of the property. O.C.G.A. § 16-11-126(f)(1)
Lastly, anyone who has a valid weapons license in another state but does not have one in Georgia is allowed to carry a weapon in Georgia for 90 days after they become a resident of Georgia. However, they shall submit a weapons carry license application as soon as practicable. O.C.G.A. § 16-11-126(e)(2)
Penalty for Carrying a Handgun, Long Gun, or Other Weapon Without a Weapons Carry License in Georgia
If convicted of possessing or carrying a weapon without a valid license in Georgia, the crime will be treated as a misdemeanor. Misdemeanor convictions in Georgia come with a penalty of a fine up to $1,000, a jail term up to one year, or both.
However, for a second offense within five years and any subsequent offense, the accused will be guilty of a felony. The punishment will be a prison term between two and five years.
Georgia Defenses to Possessing a Weapon Without a License in Georgia
There are always Georgia Criminal Defenses we can use to defend your case. No matter your situation, we will carefully examine the evidence to see how we can help.
If arrested for having a weapon in your vehicle, evidence that the weapon was fully exposed would be greatly beneficial to your case. Furthermore, if you were hunting on private property with the permission of the owner when arrested, proof of consent from the owner would help negate the charges.
The best defenses start by calling our office immediately. The faster you call us after an arrest, the better it is for you. It gives us time to interview witnesses while the incident is fresh in their heads and allows us time to request police records. However, even if your court date is tomorrow, we can still help you! No matter your situation, we are here to protect your rights!
Contact Us Today
If you have been charged with violating Georgia's gun laws, call our experienced weapons lawyers in Georgia today. We promise to defend your legal rights and vigorously advocate for your rights! We will work to get the charges against you reduced, or your case dismissed. We have been representing clients for over 25 years in Georgia. Call now for a free no-obligation case evaluation.