2025 Georgia Codes – Page 164

(a) For the purposes of this Code section, a handgun is considered loaded if there is a cartridge in the chamber
or cylinder of the handgun.
(b) Notwithstanding any other provisions of this part and except as otherwise provided in this Code section, it
shall be unlawful for any person under the age of 18 years to possess or have under such person’s control a
handgun. A person convicted of a first violation of this subsection shall be guilty of a misdemeanor and shall
be punished by a fine not to exceed $1,000.00 or by imprisonment for not more than 12 months, or both. A
person convicted of a second or subsequent violation of this subsection shall be guilty of a felony and shall
be punished by a fine of $5,000.00 or by imprisonment for a period of three years, or both.
(c) Except as otherwise provided in subsection (d) of this Code section, the provisions of subsection (b) of
this Code section shall not apply to:
(1) Any person under the age of 18 years who is:
(A) Attending a hunter education course or a firearms safety course;
(B) Engaging in practice in the use of a firearm or target shooting at an established range authorized by the
governing body of the jurisdiction where such range is located;
(C) Engaging in an organized competition involving the use of a firearm or participating in or practicing for
a performance by an organized group under 26 U.S.C. Section 501(c)(3) which uses firearms as a part of
such performance;
(D) Hunting or fishing pursuant to a valid license if such person has in his or her possession such a valid
hunting or fishing license if required; is engaged in legal hunting or fishing; has permission of the owner of
the land on which the activities are being conducted; and the handgun, whenever loaded, is carried only in
an open and fully exposed manner; or
(E) Traveling to or from any activity described in subparagraphs (A) through (D) of this paragraph if the
handgun in such person’s possession is not loaded;
(2) Any person under the age of 18 years who is on real property under the control of such person’s parent,
legal guardian, or grandparent and who has the permission of such person’s parent or legal guardian to pos-
sess a handgun; or
(3) Any person under the age of 18 years who is at such person’s residence and who, with the permission of
such person’s parent or legal guardian, possesses a handgun for the purpose of exercising the rights autho-
rized in Code Section 16-3-21 or 16-3-23.
(d) Subsection (c) of this Code section shall not apply to any person under the age of 18 years who has been
convicted of a forcible felony or forcible misdemeanor, as defined in Code Section 16-1-3, or who has been
adjudicated for committing a delinquent act under the provisions of Article 6 of Chapter 11 of Title 15 for an
offense which would constitute a forcible felony or forcible misdemeanor, as defined in Code Section 16-1-
3, if such person were an adult.

(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, stun gun, taser, 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 has previously been convicted of or who has previously entered a guilty plea to the
offense of murder, murder in the second degree, armed robbery, home invasion in any degree, kidnapping,
rape, aggravated child molestation, aggravated sodomy, aggravated sexual battery, or any felony involving
the use or possession of a firearm and who shall have on or within arm’s reach of his or her person a firearm
during the commission of, or the attempt to commit:
(1) Any crime against or involving the person of another;
(2) The unlawful entry into a building or vehicle;
(3) A theft from a building or theft of a vehicle;
(4) Any crime involving the possession, manufacture, delivery, distribution, dispensing, administering, sell-
ing, or possession with intent to distribute any controlled substance as provided in Code Section 16-13-30;
or
(5) Any crime involving the trafficking of cocaine, marijuana, or illegal drugs as provided in Code Section