2025 Georgia Codes – Page 163

16-11-130.2

Weapons possession in airport

Weapons - Possession in airport

(a) No person shall enter the restricted access area of a commercial service airport, in or beyond the airport
security screening checkpoint, knowingly possessing or knowingly having under his or her control a weapon
or long gun. Such area shall not include an airport drive, general parking area, walkway, or shops and areas
of the terminal that are outside the screening checkpoint and that are normally open to unscreened passen-
gers or visitors to the airport. Any restricted access area shall be clearly indicated by prominent signs indi-
cating that weapons are prohibited in such area.
(a.1) As used in this Code section, the term:
(1) “Commercial service airport” means an airport that receives scheduled passenger aircraft service from
any major airline carrier.
(2) “Major airline carrier” means an airline that has more than $1 billion in annual operating revenue during
a fiscal year.
(b) A person who is not a license holder and who violates this Code section shall be guilty of a misdemeanor.
A license holder who violates this Code section shall be guilty of a misdemeanor; provided, however, that
a license holder who is notified at the screening checkpoint for the restricted access area that he or she is in
possession of a weapon or long gun and who immediately leaves the restricted access area following such
notification and completion of federally required transportation security screening procedures shall not be
guilty of violating this Code section.
(c) Any person who violates this Code section with the intent to commit a separate felony offense shall be
guilty of a felony and, upon conviction thereof, shall be punished by a fine of not less than $1,000.00 nor
more than $15,000.00, imprisonment for not less than one nor more than ten years, or both.
(d) Any ordinance, resolution, regulation, or policy of any county, municipality, or other political subdivision
of this state which is in conflict with this Code section shall be null, void, and of no force and effect, and this
Code section shall preempt any such ordinance, resolution, regulation, or policy.

16-11-131

Felon in possession of firearm

Possession - Firearm by felonWeapons - Felon in possession of firearm

(a) As used in this Code section, the term:
(1) “Felony” means any offense punishable by imprisonment for a term of one year or more and includes
conviction by a court-martial under the Uniform Code of Military Justice for an offense which would con-
stitute a felony under the laws of the United States.
(2) “Firearm” includes any handgun, rifle, shotgun, or other weapon which will or can be converted to expel
a projectile by the action of an explosive or electrical charge.
(b) Any person who is on probation as a felony first offender pursuant to Article 3 of Chapter 8 of Title 42,
who is on probation and was sentenced for a felony under subsection (a) or (c) of Code Section 16-13-2, or
who has been convicted of a felony by a court of this state or any other state; by a court of the United States
including its territories, possessions, and dominions; or by a court of any foreign nation and who receives,
possesses, or transports a firearm commits a felony and, upon conviction thereof, shall be imprisoned for not
less than one year nor more than ten years; provided, however, that upon a second or subsequent conviction,
such person shall be imprisoned for not less than five nor more than ten years; provided, further, that if the
felony for which the person is on probation or has been previously convicted is a forcible felony, then upon
conviction of receiving, possessing, or transporting a firearm, such person shall be imprisoned for a period of
five years.
(b.1) Any person who is prohibited by this Code section from possessing a firearm because of conviction of a
forcible felony or because of being on probation as a first offender or under conditional discharge for a forc-
ible felony and who attempts to purchase or obtain transfer of a firearm shall be guilty of a felony and upon
conviction shall be punished by imprisonment for not less than one year nor more than five years; provided,
however, that upon a second or subsequent conviction, such person shall be punished by imprisonment for
not less than five nor more than ten years.
(c) This Code section shall not apply to any person who has been pardoned for the felony by the President
of the United States, the State Board of Pardons and Paroles, or the person or agency empowered to grant
pardons under the constitutions or laws of the several states or of a foreign nation and, by the terms of the
pardon, has expressly been authorized to receive, possess, or transport a firearm.
(d) A person who has been convicted of a felony, but who has been granted relief from the disabilities
imposed by the laws of the United States with respect to the acquisition, receipt, transfer, shipment, or pos-
session of firearms by the secretary of the United States Department of the Treasury pursuant to 18 U.S.C.
Section 925, shall, upon presenting to the Board of Public Safety proof that the relief has been granted and
it being established from proof submitted by the applicant to the satisfaction of the Board of Public Safety
that the circumstances regarding the conviction and the applicant’s record and reputation are such that the
acquisition, receipt, transfer, shipment, or possession of firearms by the person would not present a threat to
the safety of the citizens of Georgia and that the granting of the relief sought would not be contrary to the
public interest, be granted relief from the disabilities imposed by this Code section. A person who has been
convicted under federal or state law of a felony pertaining to antitrust violations, unfair trade practices, or
restraint of trade shall, upon presenting to the Board of Public Safety proof, and it being established from
said proof, submitted by the applicant to the satisfaction of the Board of Public Safety that the circumstances
regarding the conviction and the applicant’s record and reputation are such that the acquisition, receipt,
transfer, shipment, or possession of firearms by the person would not present a threat to the safety of the
citizens of Georgia and that the granting of the relief sought would not be contrary to the public interest, be
granted relief from the disabilities imposed by this Code section. A record that the relief has been granted by
the board shall be entered upon the criminal history of the person maintained by the Georgia Crime Informa-
tion Center and the board shall maintain a list of the names of such persons which shall be open for public
inspection.
(e) As used in this Code section, the term “forcible felony” means any felony which involves the use or
threat of physical force or violence against any person and further includes, without limitation, murder;
murder in the second degree; burglary in any degree; robbery; armed robbery; home invasion in any degree;
kidnapping; hijacking of an aircraft or hijacking a motor vehicle in the first degree; aggravated stalking;
rape; aggravated child molestation; aggravated sexual battery; arson in the first degree; the manufacturing,
transporting, distribution, or possession of explosives with intent to kill, injure, or intimidate individuals or
destroy a public building; terroristic threats; or acts of treason or insurrection.
(f) Any person sentenced as a first offender pursuant to Article 3 of Chapter 8 of Title 42 or sentenced pursu-
ant to subsection (a) or (c) of Code Section 16-13-2 and subsequently discharged without court adjudica-
tion of guilt as a matter of law pursuant to Code Section 42-8-60 or 16-13-2, as applicable, shall, upon such
discharge, be relieved from the disabilities imposed by this Code section.
(g) For any violation of subsection (b) or (b.1) of this Code section involving multiple firearms, each firearm
connected to such violation shall constitute a separate offense.