2025 Georgia Codes – Page 162

(a) Except to the extent provided for in subsection (c.1) of this Code section, Code Sections 16-11-126
through 16-11-127.2 shall not apply to or affect any of the following persons if such persons are employed in
the offices listed below or when authorized by federal or state law, regulations, or order:
(1) Peace officers, as such term is defined in paragraph (11) of Code Section 16-1-3, and retired peace offi-
cers so long as they remain certified whether employed by the state or a political subdivision of the state or
another state or a political subdivision of another state but only if such other state provides a similar privi-
lege for the peace officers of this state;
(2) Wardens, superintendents, and keepers of correctional institutions, jails, or other institutions for the
detention of persons accused or convicted of an offense;
(3) Persons in the military service of the state or of the United States;
(4) Persons employed in fulfilling defense contracts with the government of the United States or agencies
thereof when possession of the weapon or long gun is necessary for manufacture, transport, installation, and
testing under the requirements of such contract;
(5) District attorneys, investigators employed by and assigned to a district attorney’s office, assistant district
attorneys, attorneys or investigators employed by the Prosecuting Attorneys’ Council of the State of Geor-
gia, and any retired district attorney, assistant district attorney, district attorney’s investigator, or attorney
or investigator retired from the Prosecuting Attorneys’ Council of the State of Georgia, if such employee is
retired in good standing and is receiving benefits under Title 47 or is retired in good standing and receiving
benefits from a county or municipal retirement system;
(6) State court solicitors-general; investigators employed by and assigned to a state court solicitor-general’s
office; assistant state court solicitors-general; the corresponding personnel of any city court expressly con-
tinued in existence as a city court pursuant to Article VI, Section X, Paragraph I, subparagraph (5) of the
Constitution; and the corresponding personnel of any civil court expressly continued as a civil court pursu-
ant to said provision of the Constitution;
(7) Those employees of the State Board of Pardons and Paroles when specifically designated and authorized
in writing by the members of the State Board of Pardons and Paroles to carry a weapon or long gun;
(8) The Attorney General and those members of his or her staff whom he or she specifically authorizes in
writing to carry a weapon or long gun;
(9) Community supervision officers employed by and under the authority of the Department of Community
Supervision when specifically designated and authorized in writing by the commissioner of community
supervision;
(10) Public safety directors of municipal corporations;
(11) Explosive ordnance disposal technicians, as such term is defined by Code Section 16-7-80, and persons
certified as provided in Code Section 35-8-25 to handle animals trained to detect explosives, while in the
performance of their duties;
(12) Federal judges, Justices of the Supreme Court, Judges of the Court of Appeals, judges of superior, state,
probate, juvenile, and magistrate courts, full-time judges of municipal and city courts, permanent part-time
judges of municipal and city courts, and administrative law judges;
(12.1) Former federal judges, Justices of the Supreme Court, Judges of the Court of Appeals, judges of supe-
rior, state, probate, juvenile, and magistrate courts, full-time judges of municipal and city courts, permanent
part-time judges of municipal courts, and administrative law judges who are retired from their respective
offices, provided that such judge or Justice would otherwise be qualified to be issued a weapons carry
license;
(12.2) Former federal judges, Justices of the Supreme Court, Judges of the Court of Appeals, judges of supe-
rior, state, probate, juvenile, and magistrate courts, full-time judges of municipal and city courts, permanent
part-time judges of municipal courts, and administrative law judges who are no longer serving in their
respective office, provided that he or she served as such judge or Justice for more than 24 months; and pro-
vided, further, that such judge or Justice would otherwise be qualified to be issued a weapons carry license;
(13) United States Attorneys and Assistant United States Attorneys;
(14) County medical examiners and coroners and their sworn officers employed by county government;
(15) Clerks of the superior courts; and
(16) Constables employed by a magistrate court of this state.
(b) Except to the extent provided for in subsection (c.1) of this Code section, Code Sections 16-11-126
through 16-11-127.2 shall not apply to or affect persons who at the time of their retirement from service with
the Department of Community Supervision were community supervision officers, when specifically desig-
nated and authorized in writing by the commissioner of community supervision.
(c)(1) As used in this subsection, the term “courthouse” means a building or annex occupied by judicial
courts and containing rooms in which judicial proceedings are held.
(2) Except to the extent provided for in subsection (c.1) of this Code section, Code Sections 16-11-126
through 16-11-127.2 shall not apply to or affect any:
(A) Sheriff, retired sheriff, deputy sheriff, or retired deputy sheriff if such retired sheriff or deputy sheriff
is eligible to receive or is receiving benefits under the Peace Officers’ Annuity and Benefit Fund provided
under Chapter 17 of Title 47, the Sheriffs’ Retirement Fund of Georgia provided under Chapter 16 of
Title 47, or any other public retirement system established under the laws of this state for service as a law
enforcement officer;
(B) Member of the Georgia State Patrol, agent of the Georgia Bureau of Investigation, retired member of
the Georgia State Patrol, or retired agent of the Georgia Bureau of Investigation if such retired member or
agent is receiving benefits under the Employees’ Retirement System;
(C) Full-time law enforcement chief executive engaging in the management of a county, municipal, state,
state authority, or federal law enforcement agency in the State of Georgia, including any college or univer-
sity law enforcement chief executive who is registered or certified by the Georgia Peace Officer Standards
and Training Council; or retired law enforcement chief executive who formerly managed a county, munici-
pal, state, state authority, or federal law enforcement agency in the State of Georgia, including any col-
lege or university law enforcement chief executive who was registered or certified at the time of his or her
retirement by the Georgia Peace Officer Standards and Training Council, if such retired law enforcement
chief executive is receiving benefits under the Peace Officers’ Annuity and Benefit Fund provided under
Chapter 17 of Title 47 or is retired in good standing and receiving benefits from a county, municipal, State
of Georgia, state authority, or federal retirement system;
(D) Police officer of any county, municipal, state, state authority, or federal law enforcement agency in the
State of Georgia, including any college or university police officer who is registered or certified by the
Georgia Peace Officer Standards and Training Council, or retired police officer of any county, municipal,
state, state authority, or federal law enforcement agency in the State of Georgia, including any college or
university police officer who was registered or certified at the time of his or her retirement by the Georgia
Peace Officer Standards and Training Council, if such retired police officer is receiving benefits under the
Peace Officers’ Annuity and Benefit Fund provided under Chapter 17 of Title 47 or is retired in good stand-
ing and receiving benefits from a county, municipal, State of Georgia, state authority, or federal retirement
system; or
(E) Person who is a citizen of this state and:
(i) Has retired with at least ten years of aggregate service as a law enforcement officer with powers of
arrest under the laws of any state of the United States or of the United States;
(ii) Separated from service in good standing, as determined by criteria established by the Georgia Peace
Officer Standards and Training Council, from employment with his or her most recent law enforcement
agency; and
(iii) Possesses on his or her person an identification card for retired law enforcement officers as issued by
the Georgia Peace Officer Standards and Training Council; provided, however, that such person meets the
standards for the issuance of such card as provided for by the council, including, but not limited to, main-
tenance of qualification in firearms training.
In addition, any such sheriff, retired sheriff, deputy sheriff, retired deputy sheriff, member or retired mem-
ber of the Georgia State Patrol, agent or retired agent of the Georgia Bureau of Investigation, officer or
retired officer of the Department of Natural Resources, active or retired law enforcement chief executive,
person who is a retired law enforcement officer as provided for in paragraph (2) of this subsection, or other
law enforcement officer referred to in this subsection shall be authorized to carry a handgun on or off duty
anywhere within this state, including, but not limited to, in a courthouse except to the extent provided for
in subsection (c.1) of this Code section, and Code Sections 16-11-126 through 16-11-127.2 shall not apply
to the carrying of such firearms.
(c.1)(1) As used in the subsection, the term:
(A) “Active” means nonretired.
(B) “Courthouse” means a building or annex occupied by judicial courts and containing rooms in which
judicial proceedings are held.
(C) “Law enforcement agency” means sheriffs or any unit, organ, or department of this state, or a subdivi-
sion or municipality thereof, whose functions by law include the enforcement of criminal or traffic laws;
the preservation of public order; the protection of life and property; the prevention, detection, or investiga-
tion of crime; or court security that is providing security for a courthouse.
(D) “Law enforcement personnel” means sheriffs or deputy sheriffs or peace officers employed by a law
enforcement agency.
(2)(A) Pursuant to a security plan implemented by law enforcement personnel, including as provided for
under a comprehensive plan as provided for in subsection (a) of Code Section 15-16-10, the law enforce-
ment agency with jurisdiction over a courthouse may provide for facilities or the means for the holding of
weapons carried by persons enumerated under this Code section, except as provided for in paragraph (3) of
this subsection, provided that ingress to such courthouse is actively restricted or screened by law enforce-
ment personnel and such facilities or means are located in the immediate proximity of the area which is
restricted or screened by such law enforcement personnel.
(B) If the requirements of this paragraph are met, the persons enumerated under this Code section shall,
except as provided for in paragraph (3) of this subsection, upon request of law enforcement personnel
place his or her weapons in such holding with law enforcement personnel while such persons are within
the restricted or screened area. Upon request of any person enumerated under this Code section, in prepa-
ration for his or her exit from the restricted or screened area, law enforcement personnel shall immediately
provide for the return of the person’s weapons which are in holding.
(3) Notwithstanding a security plan implemented by law enforcement personnel, including as provided for
under a comprehensive plan as provided for in subsection (a) of Code Section 15-16-10, active law enforce-
ment officers referred to in subsection (c) of this Code section shall be authorized to carry their service
handguns and weapons in any courthouse if they are wearing the assigned uniform of their law enforcement
office or have the official badge and identification credentials issued to them by their law enforcement office
displayed and plainly visible on their person while in the performance of their official duties.
(d) A prosecution based upon a violation of Code Section 16-11-126 or 16-11-127 need not negative any
exemptions.

on a bus or other transportation furnished by a school a weapon which would otherwise be prohibited by
this Code section. Such authorization shall specify the weapon or weapons which have been authorized and
the time period during which the authorization is valid;
(7) A lawful weapons carrier when such person carries or picks up a student within a school safety zone, at a
school function, or on a bus or other transportation furnished by a school or a lawful weapons carrier when
he or she has any weapon legally kept within a vehicle when such vehicle is parked within a school safety
zone or is in transit through a designated school safety zone;
(8) A weapon possessed by a lawful weapons carrier which is under the possessor’s control in a motor
vehicle or which is in a locked compartment of a motor vehicle or one which is in a locked container in or
a locked firearms rack which is on a motor vehicle which is being used by an adult over 21 years of age to
bring to or pick up a student within a school safety zone, at a school function, or on a bus or other transpor-
tation furnished by a school, or when such vehicle is used to transport someone to an activity being con-
ducted within a school safety zone which has been authorized by a duly authorized official or local board of
education as provided by paragraph (6) of this subsection; provided, however, that this exception shall not
apply to a student attending a public or private elementary or secondary school;
(9) Persons employed in fulfilling defense contracts with the government of the United States or agencies
thereof when possession of the weapon is necessary for manufacture, transport, installation, and testing
under the requirements of such contract;
(10) Those employees of the State Board of Pardons and Paroles when specifically designated and autho-
rized in writing by the members of the State Board of Pardons and Paroles to carry a weapon;
(11) The Attorney General and those members of his or her staff whom he or she specifically authorizes in
writing to carry a weapon;
(12) Community supervision officers employed by and under the authority of the Department of Community
Supervision when specifically designated and authorized in writing by the commissioner of community
supervision;
(13) Public safety directors of municipal corporations;
(14) State and federal trial and appellate judges;
(15) United States attorneys and assistant United States attorneys;
(16) Clerks of the superior courts;
(17) Teachers and other personnel who are otherwise authorized to possess or carry weapons, provided that
any such weapon is in a locked compartment of a motor vehicle or one which is in a locked container in or
a locked firearms rack which is on a motor vehicle;
(18) Constables of any county of this state;
(19) Any person who is 18 years of age or older or currently enrolled in classes on the campus in question
and carrying, possessing, or having under such person’s control an electroshock weapon while in or on any
building or real property owned by or leased to such public technical school, vocational school, college or
university or other public institution of postsecondary education; provided, however, that, if such person
makes use of such electroshock weapon, such use shall be in defense of self or others. The exemption under
this paragraph shall apply only to such person in regard to such electroshock weapon. As used in this para-
graph, the term “electroshock weapon” means any commercially available device that is powered by elec-
trical charging units and designed exclusively to be capable of incapacitating a person by electrical charge,
including, but not limited to, a stun gun or taser as defined in subsection (a) of Code Section 16-11-106; or
(20)(A) Any lawful weapons carrier when he or she is in any building or on real property owned by or leased
to any public technical school, vocational school, college, or university, or other public institution of post-
secondary education; provided, however, that such exception shall:
(i) Not apply to buildings or property used for athletic sporting events or student housing, including, but
not limited to, fraternity and sorority houses;
(ii) Not apply to any preschool or childcare space located within such buildings or real property;
(iii) Not apply to any room or space being used for classes related to a college and career academy or other
specialized school as provided for under Code Section 20-4-37;
(iv) Not apply to any room or space being used for classes in which high school students are enrolled
through a dual enrollment program, including, but not limited to, classes related to the “Dual Enrollment
Act” as provided for under Code Section 20-2-161.3;
(v) Not apply to faculty, staff, or administrative offices or rooms where disciplinary proceedings are con-
ducted; and
(vi) Only apply to the carrying of handguns which are concealed.
(B) Any lawful weapons carrier who carries a handgun in a manner or in a building, property, room, or
space in violation of this paragraph shall be guilty of a misdemeanor; provided, however, that for a convic-
tion of a first offense, such lawful weapons carrier shall be punished by a fine of $25.00 and not be sen-
tenced to serve any term of confinement.
(C) As used in this paragraph, the term:
(i) “Concealed” means carried in such a fashion that does not actively solicit the attention of others and is
not prominently, openly, and intentionally displayed except for purposes of defense of self or others. Such
term shall include, but not be limited to, carrying on one’s person while such handgun is substantially,
but not necessarily completely, covered by an article of clothing which is worn by such person, carrying
within a bag of a nondescript nature which is being carried about by such person, or carrying in any other
fashion as to not be clearly discernible by the passive observation of others.
(ii) “Preschool or childcare space” means any room or continuous collection of rooms or any enclosed out-
door facilities which are separated from other spaces by an electronic mechanism or human-staffed point
of controlled access and designated for the provision of preschool or childcare services, including, but not
limited to, preschool or childcare services licensed or regulated under Article 1 of Chapter 1A of Title 20.
(d)(1) This Code section shall not prohibit any person who resides or works in a business or is in the ordinary
course transacting lawful business or any person who is a visitor of such resident located within a school
safety zone from carrying, possessing, or having under such person’s control a weapon within a school safe-
ty zone; provided, however, that it shall be unlawful for any such person to carry, possess, or have under
such person’s control while at a school building or school function or on school property or a bus or other
transportation furnished by a school any weapon or explosive compound, other than fireworks the posses-
sion of which is regulated by Chapter 10 of Title 25.
(2) Any person who violates this subsection shall be subject to the penalties specified in subsection (b) of
this Code section.
(e) It shall be no defense to a prosecution for a violation of this Code section that:
(1) School was or was not in session at the time of the offense;
(2) The real property was being used for other purposes besides school purposes at the time of the offense; or
(3) The offense took place on a bus or other transportation furnished by a school.
(f) In a prosecution under this Code section, a map produced or reproduced by any municipal or county agen-
cy or department for the purpose of depicting the location and boundaries of the area of the real property of
a school board or a private or public elementary or secondary school that is used for school purposes or the
area of any public or private technical school, vocational school, college, university, or other institution of
postsecondary education, or a true copy of the map, shall, if certified as a true copy by the custodian of the
record, be admissible and shall constitute prima-facie evidence of the location and boundaries of the area, if
the governing body of the municipality or county has approved the map as an official record of the location
and boundaries of the area. A map approved under this Code section may be revised from time to time by the
governing body of the municipality or county. The original of every map approved or revised under this sub-
section or a true copy of such original map shall be filed with the municipality or county and shall be main-
tained as an official record of the municipality or county. This subsection shall not preclude the prosecution
from introducing or relying upon any other evidence or testimony to establish any element of this offense.
This subsection shall not preclude the use or admissibility of a map or diagram other than the one which has
been approved by the municipality or county.
(g) A county school board may adopt regulations requiring the posting of signs designating the areas of
school boards and private or public elementary and secondary schools as “Weapon-free and Violence-free
School Safety Zones.”
(h) Nothing in this Code section shall in any way operate or be construed to affect, repeal, or limit the exemp-
tions provided for under Code Section 16-11-130.