16-11-1. [
Index ]
(a) A person owing allegiance to the state
commits the offense of treason when he knowingly levies war
against the state, adheres to her enemies, or gives them aid
and comfort. No person shall be convicted of the offense of
treason except on the testimony of two witnesses to the same
overt act or on confession in open court. When the overt act
of treason is committed outside this state, the person
charged therewith may be tried in any county in this state.
(b) A person convicted of the offense of
treason shall be punished by death or by imprisonment for
life or for not less than 15 years.
16-11-2. [
Index ]
(a) A person commits the offense of
insurrection when he combines with others to overthrow or
attempt to overthrow the representative and constitutional
form of government of the state or any political subdivision
thereof when the same is manifested by acts of violence.
(b) A person convicted of the offense of
insurrection shall be punished by imprisonment for not less
than one nor more than ten years. Insurrection shall be
bailable only in the discretion of a judge of the superior
court.
16-11-3. [
Index ]
(a) A person commits the offense of inciting
to insurrection when he incites others to overthrow or
attempt to overthrow the representative and constitutional
form of government of the state or any political subdivision
thereof and he or they commit any violent act in furtherance
thereof.
(b) A person convicted of the offense of
inciting to insurrection shall be punished by imprisonment
for not less than one nor more than ten years. Inciting to
insurrection shall be bailable only in the discretion of a
judge of the superior court.
16-11-4. [
Index ]
(a) As used in this Code section, the term:
(1) 'Organization' means any corporation,
company, partnership, association, trust, foundation, fund,
club, society, committee, political party, or any group of
persons, whether or not incorporated, permanently or
temporarily associated together for joint action or
advancement of views on any subject.
(2) 'Subversive organization' means any
organization which engages in or advocates, abets, advises,
or teaches, or which has a purpose of engaging in or
advocating, abetting, advising, or teaching activities
intended to overthrow, to destroy, or to assist in the
overthrow or destruction of the government of the state or
of any political subdivision thereof by force or violence.
(b) A person commits the offense of
advocating the overthrow of the government if he knowingly
and willfully commits any of the following acts:
(1) Advocates, abets, advises, or teaches the
duty, necessity, desirability, or propriety of overthrowing
or destroying the government of the state or any political
subdivision thereof by force or violence;
(2) Prints, publishes, edits, issues,
circulates, sells, distributes, exhibits, or displays any
written or printed matter advocating, advising, or teaching
the duty, necessity, desirability, or propriety of
overthrowing or destroying the government of the state or of
any political subdivision thereof by force or violence;
(3) Assists in the formation, participates in
the management, or contributes to the support of any
subversive organization, knowing the purpose thereof;
(4) Becomes a member or continues to be a
member of a subversive organization, knowing the purpose
thereof;
(5) Destroys any books, records, or files or
secretes any funds in this state of a subversive
organization, knowing the organization to be such; or
(6) Conspires with one or more persons to
commit any of the acts prohibited by this Code section.
(c) A person convicted of violating any
provision of this Code section shall be punished by a fine
of not more than $20,000.00 or by imprisonment for not less
than one nor more than 20 years, or both.
16-11-5. [
Index ]
This part may be cited as the 'Sedition and
Subversive Activities Act of 1953.'
16-11-6. [
Index ]
As used in this part, the term:
(1) 'Foreign government' means the government
of any country, nation, or group of nations other than the
government of the United States of America or of one of the
states thereof.
(2) 'Foreign subversive organizations' means
any organization directed, dominated, or controlled directly
or indirectly by a foreign government which engages in or
advocates, abets, advises, or teaches, or a purpose of which
is to engage in or to advocate, abet, advise, or teach
activities intended to overthrow, to destroy, or to assist
in the overthrow or destruction of the government of the
United States or of this state or of any political
subdivision of either of them and to establish in place
thereof any form of government the direction and control of
which is to be vested in, or exercised by or under, the
domination or control of any foreign government,
organization, or individual.
(3) 'Organization' means an organization,
corporation, company, partnership, association, trust,
foundation, fund, club, society, committee, political party,
or any group of persons, whether or not incorporated,
permanently or temporarily associated together for joint
action or advancement of views on any subject or subjects.
(4) 'Subversive organization' means an
organization which engages in or advocates, abets, advises,
or teaches, or a purpose for which is to engage in or
advocate, abet, advise, or teach activities intended to
overthrow, to destroy, or to assist in the overthrow or
destruction of the government of the United States,
government of this state, or of any political subdivision of
either of them by revolution, force, or violence.
(5) 'Subversive person' means any person who
commits, attempts to commit, or aids in the commission or
advocates, abets, advises, or teaches by any means any
person to commit, attempt to commit, or aid in the
commission of any act intended to overthrow, to destroy, or
to assist in the overthrow or destruction of the government
of the United States or of this state or any political
subdivision of either of them by revolution, force, or
violence; or who is a knowing member of a subversive
organization or a foreign subversive organization.
16-11-7. [
Index ]
The Governor, with the concurrence of the
Attorney General, is authorized and directed to appoint a
special assistant attorney general for investigating and
prosecuting subversive activities, whose responsibility it
shall be, under the supervision of the Attorney General, to
assemble, arrange, and deliver to the district attorney of
any county, together with a list of necessary witnesses for
presentation to the next grand jury in the county, all
information and evidence of matters within the county which
have come to his attention relating in any manner to the
acts prohibited by this part and relating generally to the
purpose, processes, and activities of communists and any
other or related subversive organizations, associations,
groups, or persons. Such evidence may be presented by the
Attorney General or the special assistant attorney general
to the grand jury of any county directly, and he may
represent the state on the trial of such a case, should he
feel the ends of justice would be best served thereby, and
the special assistant attorney general herein provided may
testify before any grand jury as to matters referred to in
this part as to which he may have information.
16-11-8. [
Index ]
For the collection of any evidence and
information referred to in this part, the Governor and the
Attorney General are authorized and directed to call upon
all prosecuting attorneys, the commissioner of public
safety, sheriffs, and county and municipal police
authorities to furnish to the special assistant, provided
for in Code Section 16-11-7, such assistance as may from
time to time be required. Such police authorities are
directed to furnish information and assistance as may be
from time to time so requested. The police authorities shall
transmit immediately to the special assistant attorney
general any information coming to their notice and attention
regarding the activities of any subversive persons,
subversive organizations, or foreign subversive
organizations. The Governor by executive order is authorized
to establish within existing departments such special
enforcement agencies, designate such personnel, and fix such
duties as may from time to time be required to perform any
of the functions and duties required by this part.
16-11-9. [
Index ]
The Attorney General shall require the
special assistant to maintain complete records of all
information received by him and all matters handled by him
under the requirements of this part. Such records as may
reflect on the loyalty of any resident of this state shall
not be made public or divulged to any person except with
permission of the Governor or the Attorney General to
effectuate the purposes of this part. All such records shall
be classified as confidential state secrets until
declassified by the Governor or the Attorney General.
16-11-10. [
Index ]
The judge of any court exercising general
criminal jurisdiction, when in his discretion it appears
appropriate or when informed by the Attorney General or
district attorney that there is information or evidence of
the character described in Code Section 16-11-7 to be
considered by the grand jury, shall charge the grand jury to
inquire into violations of this part for the purpose of
proper action and further to inquire generally into the
purposes, processes, and activities, and any other matters
affecting communists or any related or other subversive
organizations, associations, groups, or persons.
16-11-11. [
Index ]
It shall be unlawful for any subversive
organization or foreign subversive organization to exist or
function in this state. Any organization which by a court of
competent jurisdiction is found to have violated this Code
section shall be dissolved and, if it is a corporation
organized and existing under the laws of this state, a
finding by a court of competent jurisdiction that it has
violated this Code section shall constitute legal cause for
forfeiture of its charter and its charter shall be
forfeited. All funds, books, records, and files of every
kind and all other property of any organization found to
have violated this Code section shall be seized by and for
this state, the funds to be deposited in the state treasury
and the books, records, files, and other property to be
turned over to the Attorney General.
16-11-12. [
Index ]
No subversive person shall be eligible for
employment in or appointment to any office or any position
of trust or profit in the government of this state or in the
administration of the business of this state or of any
county, municipality, or other political subdivision
thereof.
16-11-13. [
Index ]
(a) Every person and every board, commission,
council, department, or other agency of the state or any
political subdivision thereof which appoints, employs, or
supervises in any manner the appointment or employment of
public officials or employees shall establish, by rules,
regulations, or otherwise, procedures designated to
ascertain before any person, including teachers and other
employees of any public educational institution in this
state, is appointed or employed, that he is not a subversive
person and that there are no reasonable grounds to believe
such person is a subversive person. In the event such
reasonable grounds exist, he shall not be appointed or
employed. In securing any facts necessary to ascertain the
information required by this Code section, all applicants
and employees shall be required to sign a written statement
or questionnaire containing answers to such inquiries as may
be material and containing the following questions:
(1) Full name including maiden name, names of
former marriages, former names changed legally or otherwise,
aliases, and nicknames, and the dates used;
(2) Address;
(3)(A) Are you now or have you been within
the last ten years a member of any organization which to
your knowledge at the time of membership advocates or has as
one of its objectives the overthrow of the government of the
United States or of the government of the State of Georgia
by force or violence? Yes ____ No ____. If 'Yes,' state the
name of the organization and your past and present
membership status including any offices held therein.
(B) If the answer to (A) is 'Yes' and the
employing authority deems further inquiry necessary, you
will be notified of such determination. No action adverse to
your application will be taken because of an affirmative
answer until after such an inquiry, with notice to you and
an opportunity for you to present evidence, and only if the
result of such inquiry brings your application within the
prohibition within the 'Sedition and Subversive Activities
Act of 1953.'
(4)(A) Have you ever been convicted or are
any charges now pending against you by federal, state, or
other law enforcement authorities, for any violation of any
federal law, state law, county or municipal law, regulation,
or ordinance? (Do not include anything that happened before
your sixteenth birthday. Do not include minor traffic
violations for which a fine of $35.00 or less was imposed.
All other convictions must be included even if they were
pardoned.) Yes ____ No ____.
(B) If the answer to (A) is 'Yes,' state the
reason convicted, the date convicted, and the place where
convicted.
(b) The written statement or questionnaire
shall contain notice that it is subject to the penalties of
false swearing.
(c) The Governor is authorized to make
appropriate orders, rules, and regulations to effectuate the
purposes of Code Section 16-11-12, this Code section, and
Code Section 16-11-14.
16-11-14. [
Index ]
(a) Every written statement made pursuant to
this part by an applicant for appointment or employment or
by any employee shall be deemed to have been made under oath
if it contains a declaration preceding the signature of the
maker to the effect that it is made under the penalties of
false swearing. Any person who makes a material misstatement
of fact in any such written statement, in any affidavit made
pursuant to this part, under oath in any hearing conducted
by any agency of this state or of any of its political
subdivisions pursuant to this part, or in any written
statement by an applicant for appointment or employment or
by an employee in any state-aided or private institution of
learning in this state intended to determine whether or not
such applicant or employee is a subversive person, which
statement contains notice that it is subject to the
penalties of false swearing, shall be subject to the
penalties of false swearing as prescribed in Code Section
16-11-71.
(b) Nothing contained in subsection (a) of
this Code section shall be construed to repeal in any way
the laws of this state dealing with perjury and false
swearing.
16-11-15. [
Index ]
No person giving any information, whether by
answering a questionnaire or otherwise, as provided in Code
Section 16-11-13 shall be required to give any information
or answer any questions relative to the membership in any
organization of any relative of such person.
16-11-16. [
Index ]
Any questionnaires or statements prepared as
provided in Code Section 16-11-13 shall be filed at the
place of employment rather than with a central state agency.
16-11-30. [
Index ]
(a) Any two or more persons who shall do an
unlawful act of violence or any other act in a violent and
tumultuous manner commit the offense of riot.
(b) Any persons who violate subsection (a) of
this Code section are guilty of a misdemeanor.
16-11-31. [
Index ]
(a) A person who with intent to riot does an
act or engages in conduct which urges, counsels, or advises
others to riot, at a time and place and under circumstances
which produce a clear and present danger of a riot, commits
the offense of inciting to riot.
(b) Any person who violates subsection (a) of
this Code section is guilty of a misdemeanor.
16-11-32. [
Index ]
(a) An affray is the fighting by two or more
persons in some public place to the disturbance of the
public tranquility.
(b) A person who commits the offense of
affray is guilty of a misdemeanor.
16-11-33. [
Index ]
A person who knowingly participates in either
of the following acts or occurrences is guilty of a
misdemeanor:
(1) The assembly of two or more persons for
the purpose of committing an unlawful act and the failure to
withdraw from the assembly on being lawfully commanded to do
so by a peace officer and before any member of the assembly
has inflicted injury to the person or property of another;
or
(2) The assembly of two or more persons,
without authority of law, for the purpose of doing violence
to the person or property of one supposed by the accused to
have been guilty of a violation of the law, or for the
purpose of exercising correctional or regulative powers over
any person by violence; provided, however, that it shall be
an affirmative defense to a prosecution under this paragraph
that the accused withdrew from the assembly on being
lawfully commanded to do so by a peace officer or before any
member of the assembly had inflicted injury to the person or
property of another.
16-11-34. [
Index ]
(a) A person who recklessly or knowingly
commits any act which may reasonably be expected to prevent
or disrupt a lawful meeting, gathering, or procession is
guilty of a misdemeanor.
(b) This Code section shall not be construed
to affect the powers delegated to counties or to municipal
corporations to pass laws to punish disorderly conduct
within their respective limits.
16-11-34.1. [
Index ]
(a) It shall be unlawful for any person
recklessly or knowingly to commit any act which may
reasonably be expected to prevent or disrupt a session or
meeting of the Senate or House of Representatives, a joint
session thereof, or any meeting of any standing or interim
committee, commission, or caucus of members thereof.
(b) It shall be unlawful for any person,
other than those persons who are exempt from the provisions
of Code Sections 16-11-126 through 16-11-128, to enter,
occupy, or remain within the state capitol building or any
building housing committee offices, committee rooms, or
offices of members, officials, or employees of the General
Assembly or either house thereof while in the possession of
any firearm, knife designed for the purpose of offense and
defense, explosive or incendiary device or compound,
bludgeon, metal knuckles, or any other dangerous or deadly
weapon, instrument, or device.
(c) It shall be unlawful for any person
purposely or recklessly and without authority of law to
obstruct any street, sidewalk, hallway, office, or other
passageway in that area designated as Capitol Square by Code
Section 50-2-28 in such a manner as to render it impassable
without unreasonable inconvenience or hazard or to fail or
refuse to remove such obstruction after receiving a
reasonable official request or the order of a peace officer
to do so.
(d) It shall be unlawful for any person
willfully and knowingly to enter or to remain upon the floor
of the Senate or the floor of the House of Representatives
or within any cloakroom, lobby, or anteroom adjacent to such
floor unless such person is authorized, pursuant to the
rules of the Senate or House of Representatives or pursuant
to authorization given by the Senate or House of
Representatives, to enter or remain upon the floor or within
such area.
(e) It shall be unlawful for any person
willfully and knowingly to enter or to remain in the gallery
of the Senate or the gallery of the House of Representatives
in violation of rules governing admission to such gallery
adopted by the Senate or the House of Representatives or
pursuant to authorization given by such body.
(f) It shall be unlawful for any person
willfully and knowingly to enter or to remain in any room,
chamber, office, or hallway within the state capitol
building or any building housing committee offices,
committee rooms, or offices of members, officials, or
employees of the General Assembly or either house thereof
with intent to disrupt the orderly conduct of official
business or to utter loud, threatening, or abusive language
or engage in any disorderly or disruptive conduct in such
buildings or areas.
(g) It shall be unlawful for any person to
parade, demonstrate, or picket within the state capitol
building or any building housing committee offices,
committee rooms, or offices of members, officials, or
employees of the General Assembly or either house thereof
with intent to disrupt the orderly conduct of official
business or to utter loud, threatening, or abusive language
or engage in any disorderly or disruptive conduct in such
buildings or areas.
(h)(1) Any person violating this Code section
for the first time shall be guilty of a misdemeanor.
(2) Any person violating this Code section
for the second time shall be guilty of a misdemeanor of a
high and aggravated nature.
(3) Any person violating this Code section
for the third or any subsequent time shall be guilty of a
felony and, upon conviction thereof, shall be punished by
imprisonment for not less than one nor more than three
years.
(i) The enactment of this Code section shall
not repeal any other provision of law proscribing or
regulating any conduct otherwise prohibited by this Code
section.
16-11-35. [
Index ]
(a) As used in this Code section, the term:
(1) 'Chief administrative officer,' in the
case of a public school, means the principal of the school
or an officer designated by the superintendent or board of
education having jurisdiction of the school to be the
officer in charge of the public school.
(2) 'Chief administrative officer,' in the
case of a unit of the university system, means the president
of the unit of the university system or the officer
designated by the Board of Regents of the University System
of Georgia to administer and be the officer in charge of a
campus or other facility of a unit of the university system.
(3) 'Public school' means any school under
the control and management of a county, independent, or area
board of education supported by public funds and any school
under the control and management of the State Board of
Education or department or agency thereof supported by
public funds.
(4) 'Unit of the university system' means any
college or university under the government, control, and
management of the Board of Regents of the University System
of Georgia.
(b) In any case in which a person who is not
a student or officer or employee of a unit of the university
system or of a public school and who is not required by his
or her employment to be on the campus or any other facility
of any such unit or of any public school enters the campus
or facility, and it reasonably appears to the chief
administrative officer of the campus or facility, or to any
officer or employee designated by him or her to maintain
order on the campus or facility, that such person is
committing any act likely to interfere with the peaceful
conduct of the activities of the campus or facility, or has
entered the campus or facility for the purpose of committing
any such act, the chief administrative officer or the
officers or employees designated by him or her to maintain
order on the campus or facility may direct the person to
leave the campus or facility, and, if the person fails to do
so, he or she shall be guilty of a misdemeanor of a high and
aggravated nature.
16-11-36. [
Index ]
(a) A person commits the offense of loitering
or prowling when he is in a place at a time or in a manner
not usual for law-abiding individuals under circumstances
that warrant a justifiable and reasonable alarm or immediate
concern for the safety of persons or property in the
vicinity.
(b) Among the circumstances which may be
considered in determining whether alarm is warranted is the
fact that the person takes flight upon the appearance of a
law enforcement officer, refuses to identify himself, or
manifestly endeavors to conceal himself or any object.
Unless flight by the person or other circumstances make it
impracticable, a law enforcement officer shall, prior to any
arrest for an offense under this Code section, afford the
person an opportunity to dispel any alarm or immediate
concern which would otherwise be warranted by requesting the
person to identify himself and explain his presence and
conduct. No person shall be convicted of an offense under
this Code section if the law enforcement officer failed to
comply with the foregoing procedure or if it appears at
trial that the explanation given by the person was true and
would have dispelled the alarm or immediate concern.
(c) A person committing the offense of
loitering or prowling shall be guilty of a misdemeanor.
(d) This Code section shall not be deemed or
construed to affect or limit the powers of counties or
municipal corporations to adopt ordinances or resolutions
prohibiting loitering or prowling within their respective
limits.
16-11-37. [
Index ]
(a) A person commits the offense of a
terroristic threat when he or she threatens to commit any
crime of violence, to release any hazardous substance, as
such term is defined in Code Section 12-8-92, or to burn or
damage property with the purpose of terrorizing another or
of causing the evacuation of a building, place of assembly,
or facility of public transportation or otherwise causing
serious public inconvenience or in reckless disregard of the
risk of causing such terror or inconvenience. No person
shall be convicted under this subsection on the
uncorroborated testimony of the party to whom the threat is
communicated.
(b) A person commits the offense of a
terroristic act when:
(1) He or she uses a burning or flaming cross
or other burning or flaming symbol or flambeau with the
intent to terrorize another or anotherīs household;
(2) While not in the commission of a lawful
act, he or she shoots at or throws an object at a conveyance
which is being operated or which is occupied by passengers;
or
(3) He or she releases any hazardous
substance or any simulated hazardous substance under the
guise of a hazardous substance for the purpose of
terrorizing another or of causing the evacuation of a
building, place of assembly, or facility of public
transportation or otherwise causing serious public
inconvenience or in reckless disregard of the risk of
causing such terror or inconvenience.
(c) A person convicted of the offense of a
terroristic threat shall be punished by a fine of not more
than $1,000.00 or by imprisonment for not less than one nor
more than five years, or both. A person convicted of the
offense of a terroristic act shall be punished by a fine of
not more than $5,000.00 or by imprisonment for not less than
one nor more than ten years, or both; provided, however,
that if any person suffers a serious physical injury as a
direct result of an act giving rise to a conviction under
this Code section, the person so convicted shall be punished
by a fine of not more than $250,000.00 or imprisonment for
not less than five nor more than 40 years, or both.
(d) A person who commits or attempts to
commit a terroristic threat or act with the intent to
retaliate against any person for:
(1) Attending a judicial or administrative
proceeding as a witness, attorney, judge, or party or
producing any record, document, or other object in a
judicial or official proceeding; or
(2) Providing to a law enforcement officer,
adult or juvenile probation officer, prosecuting attorney,
or judge any information relating to the commission or
possible commission of an offense under the laws of this
state or of the United States or a violation of conditions
of bail, pretrial release, probation, or parole
shall be guilty of the offense of a
terroristic threat or act and, upon conviction thereof,
shall be punished, for a terroristic threat, by imprisonment
for not less than five nor more than ten years or by a fine
of not less than $50,000.00, or both, and, for a terroristic
act, by imprisonment for not less than five nor more than 20
years or by a fine of not less than $100,000.00, or both.
16-11-37.1. [
Index ]
It shall be unlawful for any person knowingly
to furnish or disseminate through a computer or computer
network any picture, photograph, or drawing, or similar
visual representation or verbal description of any
information designed to encourage, solicit, or otherwise
promote terroristic acts as defined in Code Section
16-11-37. Any person convicted for violation of this Code
section shall be guilty of a misdemeanor of a high and
aggravated nature.
16-11-38. [
Index ]
(a) A person is guilty of a misdemeanor when
he wears a mask, hood, or device by which any portion of the
face is so hidden, concealed, or covered as to conceal the
identity of the wearer and is upon any public way or public
property or upon the private property of another without the
written permission of the owner or occupier of the property
to do so.
(b) This Code section shall not apply to:
(1) A person wearing a traditional holiday
costume on the occasion of the holiday;
(2) A person lawfully engaged in trade and
employment or in a sporting activity where a mask is worn
for the purpose of ensuring the physical safety of the
wearer, or because of the nature of the occupation, trade,
or profession, or sporting activity;
(3) A person using a mask in a theatrical
production including use in Mardi gras celebrations and
masquerade balls; or
(4) A person wearing a gas mask prescribed in
emergency management drills and exercises or emergencies.
16-11-39. [
Index ]
(a) A person commits the offense of
disorderly conduct when such person commits any of the
following:
(1) Acts in a violent or tumultuous manner
toward another person whereby such person is placed in
reasonable fear of the safety of such personīs life, limb,
or health;
(2) Acts in a violent or tumultuous manner
toward another person whereby the property of such person is
placed in danger of being damaged or destroyed;
(3) Without provocation, uses to or of
another person in such other personīs presence, opprobrious
or abusive words which by their very utterance tend to
incite to an immediate breach of the peace, that is to say,
words which as a matter of common knowledge and under
ordinary circumstances will, when used to or of another
person in such other personīs presence, naturally tend to
provoke violent resentment, that is, words commonly called
'fighting words'; or
(4) Without provocation, uses obscene and
vulgar or profane language in the presence of or by
telephone to a person under the age of 14 years which
threatens an immediate breach of the peace.
(b) Any person who commits the offense of
disorderly conduct shall be guilty of a misdemeanor.
(c) This Code section shall not be deemed or
construed to affect or limit the powers of counties or
municipal corporations to adopt ordinances or resolutions
prohibiting disorderly conduct within their respective
limits.
16-11-39.1. [
Index ]
(a) A person commits the offense of harassing
phone calls if such person telephones another person
repeatedly, whether or not conversation ensues, for the
purpose of annoying, harassing, or molesting another person
or the family of such other person; uses over the telephone
language threatening bodily harm; telephones and
intentionally fails to hang up or disengage the connection;
or knowingly permits any telephone under such personīs
control to be used for any purpose prohibited by this
subsection.
(b) Any person who commits the offense of
harassing phone calls shall be guilty of a misdemeanor.
16-11-40. [
Index ]
(a) A person commits the offense of criminal
defamation when, without a privilege to do so and with
intent to defame another, living or dead, he communicates
false matter which tends to blacken the memory of one who is
dead or which exposes one who is alive to hatred, contempt,
or ridicule, and which tends to provoke a breach of the
peace.
(b) A person who violates subsection (a) of
this Code section is guilty of a misdemeanor.
16-11-41. [
Index ]
(a) A person who shall be and appear in an
intoxicated condition in any public place or within the
curtilage of any private residence not his own other than by
invitation of the owner or lawful occupant, which condition
is made manifest by boisterousness, by indecent condition or
act, or by vulgar, profane, loud, or unbecoming language, is
guilty of a misdemeanor.
(b) This Code section shall not be construed
to affect the powers delegated to counties or to municipal
corporations to pass laws to punish drunkenness or
disorderly conduct within their respective limits.
16-11-42. [
Index ]
(a) A person is guilty of a misdemeanor when
he fails to relinquish a telephone party line consisting of
subscriber line telephone circuit with two or more main
telephone stations connected therewith, each having a
distinctive ring or telephone number, after he has been
requested to do so to permit another to place a call in an
emergency, in which property or human life is in jeopardy
and the prompt summoning of aid is essential, to a fire or
police department or for medical aid or ambulance service,
if the party line at the time of the request is not being
used for any such other emergency call. Any person who shall
request the use of the party line by falsely stating that
the same is needed for any of such purposes, knowing the
statement to be false, is guilty of a misdemeanor.
(b) In every telephone directory distributed
to the general public in this state, in which is listed the
call numbers of any telephones located within this state,
except such as are distributed solely for business
advertising purposes, commonly known as classified telephone
directories, there shall be printed in type not smaller than
the smallest type appearing on the same page, a notice
setting forth the substance of subsection (a) of this Code
section preceded by the word 'warning' printed in boldface
type.
16-11-43. [
Index ]
A person who, without authority of law,
purposely or recklessly obstructs any highway, street,
sidewalk, or other public passage in such a way as to render
it impassable without unreasonable inconvenience or hazard
and fails or refuses to remove the obstruction after
receiving a reasonable official request or the order of a
peace officer that he do so, is guilty of a misdemeanor.
16-11-44. [
Index ]
A person who keeps and maintains, either by
himself or others, a common, ill-governed, and disorderly
house, to the encouragement of gaming, drinking, or other
misbehavior, or to the common disturbance of the
neighborhood or orderly citizens, is guilty of a
misdemeanor.
16-11-60. [
Index ]
As used within this part, the term:
(1) 'Device' means an instrument or apparatus
used for overhearing, recording, intercepting, or
transmitting sounds or for observing, photographing,
videotaping, recording, or transmitting visual images and
which involves in its operation electricity, electronics, or
infrared, laser, or similar beams. Without limiting the
generality of the foregoing, the term 'device' shall
specifically include any camera, photographic equipment,
video equipment, or other similar equipment or any
electronic, mechanical, or other apparatus which can be used
to intercept a wire, oral, or electronic communication other
than:
(A) Any telephone or telegraph instrument,
equipment, or facility or any component thereof:
(i) Furnished to the subscriber or user by a
provider of wire or electronic communication service in the
ordinary course of its business and being used by the
subscriber or user in the ordinary course of its business or
furnished by such subscriber or user for connection to the
facilities of such service and used in the ordinary course
of its business; or
(ii) Being used by a provider of wire or
electronic communication service in the ordinary course of
its business or by an investigative or law enforcement
officer in the ordinary course of his or her duties; or
(B) A hearing aid or similar device being
used to correct subnormal hearing to not better than normal;
(C) Focusing, lighting, or illuminating
equipment, optical magnifying equipment; and
(D) A 'pen register' or 'trap and trace
device' as defined in this Code section.
(2) 'Pen register' means a device or process
which records or decodes dialing, routing, addressing, or
signaling information transmitted by an instrument or
facility from which a wire or electronic communication is
transmitted; provided, however, that such information shall
not include the contents of any communication; but such term
does not include any device or process used by a provider or
customer of a wire or electronic communication service for
billing, or recording as an incident to billing, for
communications services provided by such provider or any
device or process used by a provider or customer of a wire
communication service for cost accounting or other like
purposes in the ordinary course its business.
(3) 'Private place' means a place where one
is entitled reasonably to expect to be safe from casual or
hostile intrusion or surveillance.
(4) 'Trap and trace device' means a device or
process which captures the incoming electronic or other
impulses which identify the originating number or other
dialing, routing, addressing, and signaling information
reasonably likely to identify the source of a wire or
electronic communication; provided, however, that such
information shall not include the contents of any
communication.
16-11-61. [
Index ]
(a) It shall be unlawful for any person to be
a 'peeping Tom' on or about the premises of another or to go
about or upon the premises of another for the purpose of
becoming a 'peeping Tom.'
(b) As used in this Code section, the term
'peeping Tom' means a person who peeps through windows or
doors, or other like places, on or about the premises of
another for the purpose of spying upon or invading the
privacy of the persons spied upon and the doing of any other
acts of a similar nature which invade the privacy of such
persons.
16-11-62. [
Index ]
It shall be unlawful for:
(1) Any person in a clandestine manner
intentionally to overhear, transmit, or record or attempt to
overhear, transmit, or record the private conversation of
another which shall originate in any private place;
(2) Any person, through the use of any
device, without the consent of all persons observed, to
observe, photograph, or record the activities of another
which occur in any private place and out of public view;
provided, however, that it shall not be unlawful:
(A) To use any device to observe, photograph,
or record the activities of persons incarcerated in any
jail, correctional institution, or any other facility in
which persons who are charged with or who have been
convicted of the commission of a crime are incarcerated,
provided that such equipment shall not be used while the
prisoner is discussing his or her case with his or her
attorney;
(B) For an owner or occupier of real property
to use for security purposes, crime prevention, or crime
detection any device to observe, photograph, or record the
activities of persons who are on the property or an approach
thereto in areas where there is no reasonable expectation of
privacy; or
(C) To use for security purposes, crime
prevention, or crime detection any device to observe,
photograph, or record the activities of persons who are
within the curtilage of the residence of the person using
such device. A photograph, videotape, or record made in
accordance with this subparagraph, or a copy thereof, may be
disclosed by such resident to the district attorney or a law
enforcement officer and shall be admissible in a judicial
proceeding, without the consent of any person observed,
photographed, or recorded;
(3) Any person to go on or about the premises
of another or any private place, except as otherwise
provided by law, for the purpose of invading the privacy of
others by eavesdropping upon their conversations or secretly
observing their activities;
(4) Any person intentionally and secretly to
intercept by the use of any device, instrument, or apparatus
the contents of a message sent by telephone, telegraph,
letter, or by any other means of private communication;
(5) Any person to divulge to any unauthorized
person or authority the content or substance of any private
message intercepted lawfully in the manner provided for in
Code Section 16-11-65;
(6) Any person to sell, give, or distribute,
without legal authority, to any person or entity any
photograph, videotape, or record, or copies thereof, of the
activities of another which occur in any private place and
out of public view without the consent of all persons
observed; or
(7) Any person to commit any other acts of a
nature similar to those set out in paragraphs (1) through
(6) of this Code section which invade the privacy of
another.
16-11-63. [
Index ]
(a) Other than law enforcement officers
permitted by this part to employ such devices, it shall be
unlawful for any person to possess, sell, offer for sale, or
distribute any eavesdropping device.
(b) An 'eavesdropping device' shall mean any
instrument or apparatus which by virtue of its size, design,
and method of operation has no normal or customary function
or purpose other than to permit the user thereof secretly to
intercept, transmit, listen to, or record private
conversations of others.
16-11-64. [
Index ]
(a) Application of part to law enforcement
officers. Except only as provided in subsection (b) of this
Code section, nothing in this part shall apply to a duly
constituted law enforcement officer in the performance of
his official duties in ferreting out offenders or suspected
offenders of the law or in secretly watching a person
suspected of violating the laws of the United States or of
this state, or any subdivision thereof, for the purpose of
apprehending such suspected violator.
(b) When in the course of his or her official
duties, a law enforcement officer desiring to make use of
any device, but only as such term is defined in Code Section
16-11-60, and such use would otherwise constitute a
violation of Code Section 16-11-62, the law enforcement
official shall act in compliance with the provisions
provided for in this part.
(c) Upon written application, under oath, of
the prosecuting attorney having jurisdiction over
prosecution of the crime under investigation, or the
Attorney General, made before a judge of superior court,
said court may issue an investigation warrant permitting the
use of such device, as defined in Code Section 16-11-60, for
the surveillance of such person or place to the extent the
same is consistent with and subject to the terms,
conditions, and procedures provided for by Chapter 119 of
Title 18 of the United States Code Annotated, as amended.
(d) Evidence obtained in conformity with this
part shall be admissible only in the courts of this state
having felony and misdemeanor jurisdiction.
(e) Defenses. A good faith reliance on a
court order or legislative authorization shall constitute a
complete defense to any civil or criminal action brought
under this part or under any other law.
16-11-64.1. [
Index ]
Any district attorney or the Attorney General
is authorized to make application for an order or an
extension of an order authorizing or approving the
installation and use of a pen register or a trap and trace
device to a superior court for the circuit wherein the pen
register or trap and trace device is to be installed and
used, and the superior court for that circuit is authorized
to enter an order authorizing the use of a pen register or a
trap and trace device, to the extent the same is consistent
with and permitted by the laws of the United States.
16-11-64.2. [
Index ]
Any investigative or law enforcement officer,
specially designated in writing for such purpose by the
Attorney General or by a district attorney, who reasonably
determines that:
(1) An emergency situation exists that
involves:
(A) Immediate danger of death or serious
bodily injury to any person; or
(B) Conspiratorial activities characteristic
of organized crime
that requires the installation and use of a
pen register or a trap and trace device before an order
authorizing such installation and use can, with due
diligence, be obtained; and
(2) There are grounds upon which an order
could be entered under the laws of the United States to
authorize such installation and use
may have installed and use a pen register or
trap and trace device if, within 48 hours of the time the
pen register or trap and trace device is installed, an order
approving the installation or use is issued in accordance
with Code Section 16-11-64.1.
16-11-64.3. [
Index ]
(a) Notwithstanding any other provision of
this part, in the event that the Attorney General or a
district attorney of the judicial circuit having
jurisdiction over the emergency situation described herein
or where the observation, monitoring, or recording of the
activities of any person may occur as provided in this
subsection determines that:
(1) An emergency situation exists involving
the immediate danger of death or serious physical injury to
any person;
(2) The said emergency situation requires the
immediate interception of a wire, oral, or electronic
communications or the immediate observation, monitoring, or
recording of the activities of any person involved in said
emergency situation in violation of the provisions of Code
Section 16-11-62 before an order authorizing such
interception or surveillance can, with due diligence, be
obtained; and
(3) There are grounds upon which an
investigation warrant pursuant to Code Section 16-11-64
could be issued,
then any investigative or law enforcement
officer specifically designated by the prosecuting official
making such determination may utilize any device as defined
in Code Section 16-11-60 to intercept the wire, oral, or
electronic communications or to observe, monitor, or record
the activities of the person or persons involved in said
emergency situation, provided that an application for an
investigation warrant is made pursuant to Code Section
16-11-64 within 48 hours after said interception or
surveillance commences.
(b) In the event that an application for an
investigation warrant made pursuant to this Code section is
granted, then the interception or surveillance shall be
conducted in accordance with the provisions of Code Section
16-11-64, except that said interception or surveillance
shall continue only so long as the emergency situation
exists.
(c) In the event that an application for an
investigation warrant made pursuant to this Code section is
denied or in any event where the interception or
surveillance is terminated without an investigation warrant
having been issued, the contents of any intercepted
communications or other surveillance effected pursuant to
this Code section shall not be admissible in any court of
this state except to prove violations of this part. The
contents of any such intercepted communications or other
surveillance effected pursuant to this Code section without
an investigation warrant having been issued shall be
confidential and shall not be disclosed except to prove
violations of this part.
16-11-65. [
Index ]
(a) Nothing contained within Code Section
16-11-62 shall prohibit the employment and use of any
equipment or device which is owned by any person or is
furnished by any telephone company authorized to do business
in this state under proper tariffs filed with and approved
by the Georgia Public Service Commission which may be
attached to any telephonic equipment of any user of or
subscriber to such equipment which permits the interception
of telephonic communications solely for the purposes of
business service improvement when the user of or subscriber
to such facilities and equipment has duly applied for and
obtained from the Georgia Public Service Commission a
license for the employment and installation of the
equipment. No license shall be issued until the applicant
has demonstrated to the commission a clear, apparent, and
logically reasonable need for the use of the equipment in
connection with a legitimate business activity of the user
or subscriber and demonstrated to the satisfaction of the
commission that it will be operated by persons of good moral
character and that the equipment will be used in a lawful
manner and in conformity with the tariffs filed for the
equipment. The commission is authorized to establish the
necessary procedures to be employed and followed in applying
for such permits and to require from the user or subscriber
of such equipment the furnishing of any reasonable
information required by the commission in regard to the
intended and actual use of the equipment.
(b) The Georgia Public Service Commission is
authorized to revoke any license and to order any owner of
such equipment or any telephone company supplying such
equipment to remove from the premises of the licensee the
equipment when it is established to the satisfaction of the
commission that the equipment is being used in an unlawful
manner contrary to the tariff applicable to the equipment or
in a manner contrary to the purposes and uses for which the
license had been issued. Such licenses may also be revoked
by the commission if it is subsequently discovered that a
material misrepresentation of fact has been made in applying
for the license. The commission is authorized to promulgate
such rules and regulations in connection with the licensing
and revocation thereof of such users of such equipment as
will enable it to carry out the purposes, duties, and
responsibilities imposed upon the commission by this Code
section. Such rules and regulations shall afford to any
aggrieved licensee an opportunity to a full and impartial
hearing before the commission. The commission shall further
have the authority to adopt any and all appropriate rules
and regulations of any sort to ensure the privacy of
telephonic and telegraphic communications. A violation of
such rules and regulations shall be a violation of this
part.
(c) All telephone companies shall have
printed in a conspicuously accessible location within their
directories a notice to the public that there is available
without cost at the business office of the telephone company
served by the directory a list of subscribers of such
equipment which will be made available to any member of the
general public requesting the same from such companies.
(d) The provisions of this part shall not
apply to acts by duly authorized employees of any telephone
company regulated by the Georgia Public Service Commission,
with regard to the reasonable and limited intercepting of
telephone communications under circumstances reasonably
calculated to assure the privacy of telephone communications
when such interception is accomplished solely for the
purpose of maintaining the quality of service furnished to
the public or for the purpose of preventing the unlawful use
of telephone service. All such telephone companies shall
adopt regulations and procedures consistent with the
requirements of this Code section governing the use of
equipment which permits the interception of telephone
messages by their employees and file the same with the
commission. After being filed with the commission, such
regulations and procedures shall be public records.
16-11-66. [
Index ]
(a) Nothing in Code Section 16-11-62 shall
prohibit a person from intercepting a wire, oral, or
electronic communication where such person is a party to the
communication or one of the parties to the communication has
given prior consent to such interception.
(b) After obtaining the consent required by
this subsection, the telephonic conversations or electronic
communications to which a child under the age of 18 years is
a party may be recorded and divulged, and such recording and
dissemination may be done by a private citizen, law
enforcement agency, or prosecutorīs office. Nothing in this
subsection shall be construed to require that the recording
device be activated by the child. Consent for the recording
or divulging of the conversations of a child under the age
of 18 years conducted by telephone or electronic
communication shall be given only by order of a judge of a
superior court upon written application, as provided in
subsection (c) of this Code section, or by a parent or
guardian of said child as provided in subsection (d) of this
Code section. Said recording shall not be used in any
prosecution of the child in any delinquency or criminal
proceeding. An application to a judge of the superior court
made pursuant to this Code section need not comply with the
procedures set out in Code Section 16-11-64.
(c) A judge to whom a written application has
been made shall issue the order provided by subsection (b)
of this Code section only:
(1) Upon finding probable cause that a crime
has been committed;
(2) Upon finding that the child understands
that the conversation is to be recorded and that such child
agrees to participate; and
(3) Upon determining that participation is
not harmful to such child.
A true and correct copy of the recording
provided for in subsection (b) of this Code section shall be
returned to the superior court judge who issued the order
and such copy of the recording shall be kept under seal
until further order of the court.
(d) The provisions of this article shall not
be construed to prohibit a parent or guardian of a child
under 18 years of age, with or without the consent of such
minor child, from monitoring or intercepting telephonic
conversations of such minor child with another person by use
of an extension phone located within the family home, or
electronic or other communications of such minor child from
within the family home, for the purpose of ensuring the
welfare of such minor child. If the parent or guardian has a
reasonable or good faith belief that such conversation or
communication is evidence of criminal conduct involving such
child as a victim or an attempt, conspiracy, or solicitation
to involve such child in criminal activity affecting the
welfare or best interest of such child, the parent or
guardian may disclose the content of such telephonic
conversation or electronic communication to the district
attorney or a law enforcement officer. A recording or other
record of any such conversation or communication made by a
parent or guardian in accordance with this subsection that
contains evidence of criminal conduct involving such child
as a victim or an attempt, conspiracy, or solicitation to
involve such child in criminal activity shall be admissible
in a judicial proceeding except as otherwise provided in
subsection (b) of this Code section.
16-11-66.1. [
Index ]
(a) A law enforcement officer, a prosecuting
attorney, or the Attorney General may require the disclosure
of stored wire or electronic communications, as well as
transactional records pertaining thereto, to the extent and
under the procedures and conditions provided for by the laws
of the United States.
(b) A provider of electronic communication
service or remote computing service shall provide the
contents of, and transactional records pertaining to, wire
and electronic communications in its possession or
reasonably accessible thereto when a requesting law
enforcement officer, a prosecuting attorney, or the Attorney
General complies with the provisions for access thereto set
forth by the laws of the United States.
(c) Search warrants for production of stored
wire or electronic communications and transactional records
pertaining thereto shall have state-wide application or
application as provided by the laws of the United States
when issued by a judge with jurisdiction over the criminal
offense under investigation and to which such records
relate.
(d) A subpoena for the production of stored
wire or electronic communications and transactional records
pertaining thereto may be issued at any time upon a showing
by a law enforcement official, a prosecuting attorney, or
the Attorney General that the subpoenaed material relates to
a pending criminal investigation.
(e) Violation of this Code section shall be
punishable as contempt.
16-11-67. [
Index ]
No evidence obtained in a manner which
violates any of the provisions of this part shall be
admissible in any court of this state except to prove
violations of this part.
16-11-68. [
Index ]
Nothing contained within this part shall
permit the introduction into evidence of any communication
which is privileged by the laws of this state or by the
decisions of the appellate courts thereof.
16-11-69. [
Index ]
Except as otherwise provided in subsection
(d) of Code Section 16-11-66.1, any person violating any of
the provisions of this part shall be guilty of a felony and,
upon conviction thereof, shall be punished by imprisonment
for not less than one nor more than five years or a fine not
to exceed $10,000.00, or both.
16-11-80. [
Index ]
For the purposes of this part, a person is
engaged in the business of preparing federal or state income
tax returns or assisting taxpayers in preparing such returns
if he does either of the following:
(1) Advertises or gives publicity to the
effect that he prepares or assists others in the preparation
of state or federal income tax returns; or
(2) Prepares or assists others in the
preparation of state or federal income tax returns for
compensation.
16-11-81. [
Index ]
It shall be unlawful for any person,
including an individual, firm, corporation, association,
partnership, joint venture, or any employee or agent
thereof, to disclose any information obtained in the
business of preparing federal or state income tax returns or
assisting taxpayers in preparing such returns unless such
disclosure is within any of the following:
(1) Consented to in writing by the taxpayer
in a separate document;
(2) Expressly authorized by state or federal
law;
(3) Necessary to the preparation of the
return;
(4) Pursuant to court order; or
(5) Transmitted to a computer center for
preparation.
16-11-82. [
Index ]
Contacting a taxpayer to obtain his written
consent to disclosure does not constitute a violation of
this part.
16-11-83. [
Index ]
Any person violating the provisions of this
part shall be guilty of a misdemeanor.
16-11-100. [
Index ]
(a) A person is guilty of a misdemeanor when
that person leaves in any place accessible to children any
abandoned, unattended, or discarded container which has a
compartment of more than 1 1/2 cubic feet capacity and a
door or lid which locks or fastens automatically when closed
and which cannot easily be opened from the inside, without
first removing the lid, door, or locking device from such
container.
(b) A person is guilty of a misdemeanor when
that person leaves in any place accessible to children any
abandoned or discarded motor vehicle which does not have at
least one door which can easily be opened from the inside or
one door or window which has been removed.
16-11-101. [
Index ]
A person is guilty of a misdemeanor of a high
and aggravated nature when he or she knowingly sells to or
furnishes to a person under the age of 18 years metal
knuckles or a knife designed for the purpose of offense and
defense.
16-11-101.1. [
Index ]
(a) For the purposes of this Code section,
the term:
(1) 'Minor' means any person under the age of
18 years.
(2) 'Pistol or revolver' means a pistol or
revolver as defined in subsection (a) of Code Section
16-11-132.
(b) It shall be unlawful for a person
intentionally, knowingly, or recklessly to sell or furnish a
pistol or revolver to a minor, except that it shall be
lawful for a parent or legal guardian to permit possession
of a pistol or revolver by a minor for the purposes
specified in subsection (c) of Code Section 16-11-132 unless
otherwise expressly limited by subsection (c) of this Code
section.
(c)(1) It shall be unlawful for a parent or
legal guardian to permit possession of a pistol or revolver
by a minor if the parent or legal guardian knows of a
minorīs conduct which violates the provisions of Code
Section 16-11-132 and fails to make reasonable efforts to
prevent any such violation of Code Section 16-11-132.
(2) Notwithstanding any provisions of
subsection (c) of Code Section 16-11-132 or any other law to
the contrary, it shall be unlawful for any parent or legal
guardian intentionally, knowingly, or recklessly to furnish
to or permit a minor to possess a pistol or revolver if such
parent or legal guardian is aware of a substantial risk that
such minor will use a pistol or revolver to commit a felony
offense or if such parent or legal guardian who is aware of
such substantial risk fails to make reasonable efforts to
prevent commission of the offense by the minor.
(3) In addition to any other act which
violates this subsection, a parent or legal guardian shall
be deemed to have violated this subsection if such parent or
legal guardian furnishes to or permits possession of a
pistol or revolver by any minor who has been convicted of a
forcible felony or forcible misdemeanor, as defined in Code
Section 16-1-3, or who has been adjudicated delinquent under
the provisions of Article 1 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
minor were an adult.
(d) Upon conviction of a violation of
subsection (b) or (c) of this Code section, a person shall
be guilty of a felony and punished by a fine not to exceed
$5,000.00 or by imprisonment for not less than three nor
more than five years, or both.
16-11-102. [
Index ]
A person is guilty of a misdemeanor when he
intentionally and without legal justification points or aims
a gun or pistol at another, whether the gun or pistol is
loaded or unloaded.
16-11-103. [
Index ]
A person is guilty of a misdemeanor when,
without legal justification, he discharges a gun or pistol
on or within 50 yards of a public highway or street.
16-11-104. [
Index ]
(a) It shall be unlawful for any person to
fire or discharge a firearm on the property of another
person, firm, or corporation without having first obtained
permission from the owner or lessee of the property. This
Code section shall not apply to:
(1) Persons who fire or discharge a firearm
in defense of person or property; and
(2) Law enforcement officers.
(b) Any person who violates subsection (a) of
this Code section is guilty of a misdemeanor.
16-11-105. [
Index ]
(a) It shall be unlawful for any person
willfully or wantonly to fire or discharge a firearm on
Sunday.
(b) This Code section shall not apply to:
(1) Persons who fire or discharge a firearm
in defense of person or property;
(2) Law enforcement officers;
(3) Persons who fire or discharge a firearm
at a firing range approved and supervised by representatives
of a local, state, or national gun club;
(4) Any landowner on his own land nor to any
member of the immediate family, guest, invitee, or lessee of
the property owner; or
(5) Any person hunting on publicly owned land
when the administering agency has opened such land to public
hunting.
(c) Any person who violates subsection (a) of
this Code section is guilty of a misdemeanor.
16-11-106. [
Index ]
(a) For the purposes of this Code section,
the term 'firearm' shall include stun guns and tasers. A
stun gun or taser is any device that is powered by
electrical charging units such as batteries and emits an
electrical charge in excess of 20,000 volts or is otherwise
capable of incapacitating a person by an electrical charge.
(b) Any person who shall have on or within
armīs reach of his or her person a firearm or a knife having
a blade of three or more inches in length 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, selling, or possession with intent to
distribute any controlled substance or marijuana as provided
in Code Section 16-13-30, any counterfeit substance as
defined in Code Section 16-13-21, or any noncontrolled
substance as provided in Code Section 16-13-30.1; or
(5) Any crime involving the trafficking of
cocaine, marijuana, or illegal drugs as provided in Code
Section 16-13-31,
and which crime is a felony, commits a felony
and, upon conviction thereof, shall be punished by
confinement for a period of five years, such sentence to run
consecutively to any other sentence which the person has
received.
(c) Upon the second or subsequent conviction
of a person under this Code section, the person shall be
punished by confinement for a period of ten years.
Notwithstanding any other law to the contrary, the sentence
of any person which is imposed for violating this Code
section a second or subsequent time shall not be suspended
by the court and probationary sentence imposed in lieu
thereof.
(d) The punishment prescribed for the
violation of subsections (b) and (c) of this Code section
shall not be reducible to misdemeanor punishment as is
provided by Code Section 17-10-5.
(e) Any crime committed in violation of
subsections (b) and (c) of this Code section shall be
considered a separate offense.
16-11-107. [
Index ]
(a) As used in this Code section, the term:
(1) 'Accelerant detection dog' means a dog
trained to detect hydrocarbon substances.
(2) 'Bomb detection dog' means a dog trained
to locate bombs or explosives by scent.
(3) 'Firearms detection dog' means a dog
trained to locate firearms by scent.
(4) 'Narcotic detection dog' means a dog
trained to locate narcotics by scent.
(5) 'Narcotics' means any controlled
substance as defined in paragraph (4) of Code Section
16-13-21 and shall include marijuana as defined by paragraph
(16) of Code Section 16-13-21.
(6) 'Patrol dog' means a dog trained to
protect a peace officer and to apprehend or hold without
excessive force a person in violation of the criminal
statutes of this state.
(7) 'Police dog' means a bomb detection dog,
a firearms detection dog, a narcotic detection dog, a patrol
dog, an accelerant detection dog, or a tracking dog used by
a law enforcement agency. 'Police dog' also means a search
and rescue dog.
(8) 'Police horse' means a horse trained to
transport, carry, or be ridden by a law enforcement officer
and used by a law enforcement agency.
(8.1) 'Search and rescue dog' means any dog
that is owned or the services of which are employed by a
fire department or the state fire marshal for the principal
purpose of aiding in the detection of missing persons,
including but not limited to persons who are lost, who are
trapped under debris as a result of a natural or manmade
disaster, or who are drowning victims.
(9) 'Tracking dog' means a dog trained to
track and find a missing person, escaped inmate, or fleeing
felon.
(b) Any person who knowingly and
intentionally destroys or causes serious or debilitating
physical injury to a police dog or police horse, knowing
said dog to be a police dog or said horse to be a police
horse, shall be guilty of a felony and, upon conviction
thereof, shall be punished by imprisonment for not less than
one nor more than five years, or a fine not to exceed
$10,000.00, or both. This subsection shall not apply to the
destruction of a police dog or police horse for humane
purposes.
16-11-108. [
Index ]
(a) Any person who while hunting wildlife
uses a firearm or archery tackle in a manner to endanger the
bodily safety of another person by consciously disregarding
a substantial and unjustifiable risk that his act or
omission will cause harm to or endanger the safety of
another person and the disregard constitutes a gross
deviation from the standard of care which a reasonable
person would exercise in the situation is guilty of a
misdemeanor; provided, however, if such conduct results in
serious bodily harm to another person, the person engaging
in such conduct shall be guilty of a felony and, upon
conviction thereof, shall be punished by a fine of not more
than $5,000.00 or by imprisonment for not less than one nor
more than ten years, or both.
(b) Whenever a person is charged with
violating subsection (a) of this Code section, the arresting
law enforcement officer shall take the hunting license of
the person so charged. The hunting license shall be attached
to the courtīs copy of the citation, warrant, accusation, or
indictment and shall be forwarded to the court having
jurisdiction of the offense. A copy of the citation,
warrant, accusation, or indictment shall be forwarded,
within 15 days of its issuance, to the Game and Fish
Division of the Department of Natural Resources.
(c) In order to obtain a temporary hunting
license, a person charged with violating subsection (a) of
this Code section must present to the director of the Game
and Fish Division of the Department of Natural Resources a
certificate of satisfactory completion, after the date of
the incident for which the person was charged and regardless
of the personīs age or date of birth, of a hunter education
course prescribed by the Board of Natural Resources. A
temporary hunting license issued under such circumstances
shall be valid until the next March 31 or until suspended or
revoked under any provision of this title or of Title 27.
The director of the Game and Fish Division of the Department
of Natural Resources may renew the temporary hunting license
during the pendency of charges.
(d)(1) If the person is convicted of
violating subsection (a) of this Code section, the court
shall, within 15 days of such conviction, forward the
personīs hunting license and a copy of the record of the
disposition of the case to the Game and Fish Division of the
Department of Natural Resources. At this time, the court
shall also require the person to surrender any temporary
hunting licenses issued pursuant to the provisions of
subsection (c) of this Code section.
(2) If the person is not convicted of
violating subsection (a) of this Code section, the court
shall return the hunting license to the person.
16-11-109. [
Index ]
(a) It shall be unlawful during the pendency
of such charges and any period of license revocation and
ineligibility pursuant to Code Section 16-11-110 for any
person charged with or convicted of a violation of
subsection (a) of Code Section 16-11-108 to either:
(1) Hunt without a license in violation of
Code Section 27-2-1; or
(2) Possess a Georgia hunting license other
than a temporary hunting license issued by the director of
the Game and Fish Division of the Department of Natural
Resources pursuant to the provisions of subsection (c) of
Code Section 16-11-108.
(b) Any person who violates subsection (a) of
this Code section shall be guilty of a felony and, upon
conviction thereof, shall be punished by a fine of not more
than $5,000.00 or by imprisonment for not less than one nor
more than five years, or both.
(c) Upon conviction of a violation of
subsection (a) of this Code section, the court shall, within
15 days of such conviction, forward any hunting license
found in the possession of the convicted person and a copy
of the record of the disposition of the case to the Game and
Fish Division of the Department of Natural Resources.
16-11-110. [
Index ]
(a) Any hunting license of any person
convicted of violating subsection (a) of Code Section
16-11-108 or subsection (a) of Code Section 16-11-109 shall
by operation of law be revoked.
(b) Any person convicted of violating
subsection (a) of Code Section 16-11-108 or subsection (a)
of Code Section 16-11-109 shall be ineligible for a hunting
license for a period of five years from the date of
conviction.
(c) If a personīs hunting license is revoked
by operation of law as provided in subsection (a) of this
Code section, the fact that the personīs hunting license was
not surrendered to the law enforcement officer at the time
the person was charged with violating subsection (a) of Code
Section 16-11-108 or the fact that the personīs hunting
license was not retained by the court and forwarded to the
Game and Fish Division of the Department of Natural
Resources as provided in subsection (d) of Code Section
16-11-108 or in subsection (c) of Code Section 16-11-109
shall not affect such revocation.
16-11-111. [
Index ]
(a)(1) As used in this Code section, the term
'anhydrous ammonia' means any substance identified to
contain the compound ammonia which is capable of being
utilized in the production of methamphetamine or any other
controlled substance.
(2) A person commits the crime of unlawful
possession of anhydrous ammonia if the person:
(A) Purchases, possesses, transfers, or
distributes any amount of anhydrous ammonia knowing that the
anhydrous ammonia will be used unlawfully to manufacture a
controlled substance;
(B) Possesses, maintains, or transports any
quantity of anhydrous ammonia in a container or receptacle
other than a tank truck, tank trailer, rail tank car, bulk
storage tank, field (nurse) tank, field applicator, or any
container approved for anhydrous ammonia by the Department
of Agriculture or the United States Department of
Transportation; or
(C) Tampers with equipment manufactured to
hold, apply, or transport anhydrous ammonia without the
express consent of the owner of the equipment.
(3) A person who violates subparagraph (B) of
paragraph (2) of this subsection shall be subject to civil
penalties in accordance with Code Section 40-16-6.
(b) Any person who violates this Code section
shall, upon conviction thereof, be punished by imprisonment
for not less than one year nor more than ten years and by a
fine not to exceed $100,000.00.
16-11-120. [
Index ]
This part shall be known and may be cited as
the 'Georgia Firearms and Weapons Act.'
16-11-121. [
Index ]
As used in this part, the term:
(1) 'Dangerous weapon' means any weapon
commonly known as a 'rocket launcher,' 'bazooka,' or
'recoilless rifle' which fires explosive or nonexplosive
rockets designed to injure or kill personnel or destroy
heavy armor, or similar weapon used for such purpose. The
term shall also mean a weapon commonly known as a 'mortar'
which fires high explosive from a metallic cylinder and
which is commonly used by the armed forces as an
antipersonnel weapon or similar weapon used for such
purpose. The term shall also mean a weapon commonly known as
a 'hand grenade' or other similar weapon which is designed
to explode and injure personnel or similar weapon used for
such purpose.
(2) 'Machine gun' means any weapon which
shoots or is designed to shoot, automatically, more than six
shots, without manual reloading, by a single function of the
trigger.
(3) 'Person' means any individual,
partnership, company, association, or corporation.
(4) 'Sawed-off rifle' means a weapon designed
or redesigned, made or remade, and intended to be fired from
the shoulder; and designed or redesigned, made or remade, to
use the energy of the explosive in a fixed metallic
cartridge to fire only a single projectile through a rifle
bore for each single pull of the trigger; and which has a
barrel or barrels of less than 16 inches in length or has an
overall length of less than 26 inches.
(5) 'Sawed-off shotgun' means a shotgun or
any weapon made from a shotgun whether by alteration,
modification, or otherwise having one or more barrels less
than 18 inches in length or if such weapon as modified has
an overall length of less than 26 inches.
(6) 'Shotgun' means a weapon designed or
redesigned, made or remade, and intended to be fired from
the shoulder; and designed or redesigned, and made or
remade, to use the energy of the explosive in a fixed
shotgun shell to fire through a smooth bore either a number
of ball shot or a single projectile for each single pull of
the trigger.
(7) 'Silencer' means any device for silencing
or diminishing the report of any portable weapon such as a
rifle, carbine, pistol, revolver, machine gun, shotgun,
fowling piece, or other device from which a shot, bullet, or
projectile may be discharged by an explosive.
16-11-122. [
Index ]
No person shall have in his possession any
sawed-off shotgun, sawed-off rifle, machine gun, dangerous
weapon, or silencer except as provided in Code Section
16-11-124.
16-11-123. [
Index ]
A person commits the offense of unlawful
possession of firearms or weapons when he or she knowingly
has in his or her possession any sawed-off shotgun,
sawed-off rifle, machine gun, dangerous weapon, or silencer,
and, upon conviction thereof, he or she shall be punished by
imprisonment for a period of five years.
16-11-124. [
Index ]
This part shall not apply to:
(1) A peace officer of any duly authorized
police agency of this state or of any political subdivision
thereof, or a law enforcement officer of any department or
agency of the United States who is regularly employed and
paid by the United States, this state, or any such political
subdivision, or an employee of the Department of Corrections
of this state who is authorized in writing by the
commissioner of corrections to transfer or possess such
firearms while in the official performance of his duties;
(2) A member of the National Guard or of the
armed forces of the United States to wit: the army, navy,
marine corps, air force, or coast guard who, while serving
therein, possesses such firearm in the line of duty;
(3) Any sawed-off shotgun, sawed-off rifle,
machine gun, dangerous weapon, or silencer which has been
modified or changed to the extent that it is inoperative.
Examples of the requisite modification include weapons with
their barrel or barrels filled with lead, hand grenades
filled with sand, or other nonexplosive materials; and
(4) Possession of a sawed-off shotgun,
sawed-off rifle, machine gun, dangerous weapon, or silencer
by a person who is authorized to possess the same because he
has registered the sawed-off shotgun, sawed-off rifle,
machine gun, dangerous weapon, or silencer in accordance
with the dictates of the National Firearms Act, 68A Stat.
725 (26 U.S.C. Sections 5841-5862).
16-11-125. [
Index ]
In any complaint, accusation, or indictment
and in any action or proceeding brought for the enforcement
of this part it shall not be necessary to negative any
exception, excuse, proviso, or exemption contained in this
part, and the burden of proof of any such exception, excuse,
proviso, or exemption shall be upon the defendant.
16-11-126. [
Index ]
(a) A person commits the offense of carrying
a concealed weapon when such person knowingly has or carries
about his or her person, unless in an open manner and fully
exposed to view, any bludgeon, metal knuckles, firearm,
knife designed for the purpose of offense and defense, or
any other dangerous or deadly weapon or instrument of like
character outside of his or her home or place of business,
except as permitted under this Code section.
(b) Upon conviction of the offense of
carrying a concealed weapon, a person shall be punished as
follows:
(1) For the first offense, he or she shall be
guilty of a misdemeanor; and
(2) For the second offense, and for any
subsequent offense, he or she shall be guilty of a felony
and, upon conviction thereof, shall be imprisoned for not
less than two years and not more than five years.
(c) This Code section shall not permit,
outside of his or her home, motor vehicle, or place of
business, the concealed carrying of a pistol, revolver, or
concealable firearm by any person unless that person has on
his or her person a valid license issued under Code Section
16-11-129 and the pistol, revolver, or firearm may only be
carried in a shoulder holster, waist belt holster, any other
holster, hipgrip, or any other similar device, in which
event the weapon may be concealed by the personīs clothing,
or a handbag, purse, attache case, briefcase, or other
closed container. Carrying on the person in a concealed
manner other than as provided in this subsection shall not
be permitted and shall be a violation of this Code section.
(d) This Code section shall not forbid the
transportation of any firearm by a person who is not among
those enumerated as ineligible for a license under Code
Section 16-11-129, provided the firearm is enclosed in a
case, unloaded, and separated from its ammunition. This Code
section shall not forbid any person who is not among those
enumerated as ineligible for a license under Code Section
16-11-129 from transporting a loaded firearm in any private
passenger motor vehicle in an open manner and fully exposed
to view or in the glove compartment, console, or similar
compartment of the vehicle; provided, however, that any
person in possession of a valid permit issued pursuant to
Code Section 16-11-129 may carry a handgun in any location
in a motor vehicle.
(e) On and after October 1, 1996, a person
licensed to carry a handgun in any state whose laws
recognize and give effect within such state to a license
issued pursuant to this part shall be authorized to carry a
handgun in this state, but only while the licensee is not a
resident of this state; provided, however, that such
licenseholder shall carry the handgun in compliance with the
laws of this state.
16-11-127. [
Index ]
(a) Except as provided in Code Section
16-11-127.1, a person is guilty of a misdemeanor when he or
she carries to or while at a public gathering any explosive
compound, firearm, or knife designed for the purpose of
offense and defense.
(b) For the purpose of this Code section,
'public gathering' shall include, but shall not be limited
to, athletic or sporting events, churches or church
functions, political rallies or functions, publicly owned or
operated buildings, or establishments at which alcoholic
beverages are sold for consumption on the premises. Nothing
in this Code section shall otherwise prohibit the carrying
of a firearm in any other public place by a person licensed
or permitted to carry such firearm by this part.
(c) This Code section shall not apply to
competitors participating in organized sport shooting
events. Law enforcement officers, peace officers retired
from state or federal law enforcement agencies, judges,
magistrates, solicitors-general, and district attorneys may
carry pistols in publicly owned or operated buildings.
(d) It is an affirmative defense to a
violation of this Code section if a person notifies a law
enforcement officer or other person employed to provide
security for a public gathering of the presence of such item
as soon as possible after learning of its presence and
surrenders or secures such item as directed by the law
enforcement officer or other person employed to provide
security for a public gathering.
16-11-127.1. [
Index ]
(a) As used in this Code section, the term:
(1) 'School safety zone' means in, on, or
within 1,000 feet of any real property owned by or leased to
any public or private elementary school, secondary school,
or school board and used for elementary or secondary
education and in, on, or within 1,000 feet of the campus of
any public or private technical school, vocational school,
college, university, or institution of postsecondary
education.
(2) 'Weapon' means and includes any pistol,
revolver, or any weapon designed or intended to propel a
missile of any kind, or any dirk, bowie knife, switchblade
knife, ballistic knife, any other knife having a blade of
two or more inches, straight-edge razor, razor blade, spring
stick, metal knucks, blackjack, any bat, club, or other
bludgeon-type weapon, or any flailing instrument consisting
of two or more rigid parts connected in such a manner as to
allow them to swing freely, which may be known as a nun
chahka, nun chuck, nunchaku, shuriken, or fighting chain, or
any disc, of whatever configuration, having at least two
points or pointed blades which is designed to be thrown or
propelled and which may be known as a throwing star or
oriental dart, or any weapon of like kind, and any stun gun
or taser as defined in subsection (a) of Code Section
16-11-106. This paragraph excludes any of these instruments
used for classroom work authorized by the teacher.
(b) Except as otherwise provided in
subsection (c) of this Code section, it shall be unlawful
for any person to carry to or to possess or have under such
person?s control while within a school safety zone or at a
school building, school function, or school property or on a
bus or other transportation furnished by the school any
weapon or explosive compound, other than fireworks the
possession of which is regulated by Chapter 10 of Title 25.
Any person who violates this subsection shall be guilty of a
felony and, upon conviction thereof, be punished by a fine
of not more than $10,000.00, by imprisonment for not less
than two nor more than ten years, or both; provided,
however, that upon conviction of a violation of this
subsection involving a firearm as defined in paragraph (2)
of subsection (a) of Code Section 16-11-131, or a dangerous
weapon or machine gun as defined in Code Section 16-11-121,
such person shall be punished by a fine of not more than
$10,000.00 or by imprisonment for a period of not less than
five nor more than ten years, or both. A child who violates
this subsection shall be subject to the provisions of Code
Section 15-11-63.
(c) The provisions of this Code section shall
not apply to:
(1) Baseball bats, hockey sticks, or other
sports equipment possessed by competitors for legitimate
athletic purposes;
(2) Participants in organized sport shooting
events or firearm training courses;
(3) Persons participating in military
training programs conducted by or on behalf of the armed
forces of the United States or the Georgia Department of
Defense;
(4) Persons participating in law enforcement
training conducted by a police academy certified by the
Georgia Peace Officer Standards and Training Council or by a
law enforcement agency of the state or the United States or
any political subdivision thereof;
(5) The following persons, when acting in the
performance of their official duties or when en route to or
from their official duties:
(A) A peace officer as defined by Code
Section 35-8-2;
(B) A law enforcement officer of the United
States government;
(C) A prosecuting attorney of this state or
of the United States;
(D) An employee of the Georgia Department of
Corrections or a correctional facility operated by a
political subdivision of this state or the United States who
is authorized by the head of such correctional agency or
facility to carry a firearm;
(E) A person employed as a campus police
officer or school security officer who is authorized to
carry a weapon in accordance with Chapter 8 of Title 20; and
(F) Medical examiners, coroners, and their
investigators who are employed by the state or any political
subdivision thereof;
(6) A person who has been authorized in
writing by a duly authorized official of the school to have
in such person?s possession or use as part of any activity
being conducted at a school building, school property, or
school function 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 person who is licensed in accordance
with Code Section 16-11-129 or issued a permit pursuant to
Code Section 43-38-10, when such person carries or picks up
a student at a school building, school function, or school
property or on a bus or other transportation furnished by
the school or any weapon legally kept within a vehicle in
transit through a designated school zone by any person other
than a student;
(8) A weapon 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 at a school building, school function,
or school property or on a bus or other transportation
furnished by the school, or when such vehicle is used to
transport someone to an activity being conducted on school
property which has been authorized by a duly authorized
official of the school; provided, however, that this
exception shall not apply to a student attending such
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
authorized 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) Probation supervisors employed by and
under the authority of the Department of Corrections
pursuant to Article 2 of Chapter 8 of Title 42, known as the
'State-wide Probation Act,' when specifically designated and
authorized in writing by the director of the Division of
Probation;
(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; or
(17) Teachers and other school 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.
(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 safety zone;
provided, however, 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, a school bus, or other transportation furnished by
the school any weapon or explosive compound, other than
fireworks the possession 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.
(3) This subsection shall not be construed to
waive or alter any legal requirement for possession of
weapons or firearms otherwise required by law.
(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 school
vehicle.
(f) In a prosecution under this Code section,
a map produced or reproduced by any municipal or county
agency or department for the purpose of depicting the
location and boundaries of the area on or within 1,000 feet
of the real property of a school board or a private or
public elementary or secondary school that is used for
school purposes or within 1,000 feet of any campus of any
public or private technical school, vocational school,
college, university, or 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
subsection or a true copy of such original map shall be
filed with the municipality or county and shall be
maintained 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 within 1,000 feet of school boards and private or
public elementary and secondary schools as 'Weapon-free and
Violence-free School Safety Zones.'
16-11-128. [
Index ]
(a) A person commits the offense of carrying
a pistol without a license when he has or carries on or
about his person, outside of his home, motor vehicle, or
place of business, any pistol or revolver without having on
his person a valid license issued by the judge of the
probate court of the county in which he resides, provided
that no permit shall be required for persons with a valid
hunting or fishing license on their person or for persons
not required by law to have hunting licenses who are engaged
in legal hunting, fishing, or sport shooting when the
persons have the permission of the owner of the land on
which the activities are being conducted; provided, further,
that the pistol or revolver, whenever loaded, shall be
carried only in an open and fully exposed manner.
(b) Upon conviction of the offense of
carrying a pistol without a license, a person shall be
punished as follows:
(1) For the first offense, he shall be guilty
of a misdemeanor; and
(2) For the second offense, and for any
subsequent offense, he is guilty of a felony, and, upon
conviction thereof, shall be imprisoned for not less than
one year nor more than five years.
(c) On and after October 1, 1996, a person
licensed to carry a handgun in any state whose laws
recognize and give effect within such state to a license
issued pursuant to this part shall be authorized to carry a
handgun in this state, but only while the licensee is not a
resident of this state; provided, however, that such
licenseholder shall carry the handgun in compliance with the
laws of this state.
16-11-129. [
Index ]
(a) Application for license; term. The judge
of the probate court of each county may, on application
under oath and on payment of a fee of $15.00, issue a
license valid for a period of five years to any person whose
domicile is in that county or who is on active duty with the
United States armed forces and who is not a domiciliary of
this state but who either resides in that county or on a
military reservation located in whole or in part in that
county at the time of such application, which license shall
authorize that person to carry any pistol or revolver in any
county of this state notwithstanding any change in that
personīs county of residence or state of domicile.
Applicants shall submit the application for a license to the
judge of the probate court on forms prescribed and furnished
free of charge to persons wishing to apply for the license.
Forms shall be designed to elicit information from the
applicant pertinent to his or her eligibility under this
Code section but shall not require data which is
nonpertinent or irrelevant such as serial numbers or other
identification capable of being used as a de facto
registration of firearms owned by the applicant. The
Department of Public Safety shall furnish application forms
and license forms required by this Code section. The forms
shall be furnished to each judge of each probate court
within the state at no cost.
(b) Licensing exceptions. No license shall be
granted to:
(1) Any person under 21 years of age;
(2) Any person who is a fugitive from justice
or against whom proceedings are pending for any felony,
forcible misdemeanor, or violation of Code Section
16-11-126, 16-11-127, or 16-11-128 until such time as the
proceedings are adjudicated;
(3) Any person 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 has not been pardoned for such 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 constitution or laws of such state or
nation or any person who has been convicted of a forcible
misdemeanor and has not been free of all restraint or
supervision in connection therewith for at least five years
or any person who has been convicted of a violation of Code
Section 16-11-126, 16-11-127, or 16-11-128 and has not been
free of all restraint or supervision in connection therewith
for at least three years, immediately preceding the date of
the application;
(4) Any individual who has been hospitalized
as an inpatient in any mental hospital or alcohol or drug
treatment center within five years of the date of his or her
application. The probate judge may require any applicant to
sign a waiver authorizing any mental hospital or treatment
center to inform the judge whether or not the applicant has
been an inpatient in any such facility in the last five
years and authorizing the superintendent of such facility to
make to the judge a recommendation regarding whether a
license to carry a pistol or revolver should be issued. When
such a waiver is required by the probate judge, the
applicant shall pay to the probate judge a fee of $3.00 for
reimbursement of the cost of making such a report by the
mental health hospital, alcohol or drug treatment center, or
the Department of Human Resources, which the probate judge
shall remit to the hospital, center, or department. The
judge shall keep any such hospitalization or treatment
information confidential. It shall be at the discretion of
the probate judge, considering the circumstances surrounding
the hospitalization and the recommendation of the
superintendent of the hospital or treatment center where the
individual was a patient, to issue the license; or
(5)(A) Any person, the provisions of
paragraph (3) of this subsection notwithstanding, who has
been convicted of an offense arising out of the unlawful
manufacture, distribution, possession, or use of a
controlled substance or other dangerous drug.
(B) As used in this paragraph, the term:
(i) 'Controlled substance' means any drug,
substance, or immediate precursor included in the definition
of controlled substances in paragraph (4) of Code Section
16-13-21.
(ii) 'Convicted' means a plea of guilty, a
finding of guilt by a court of competent jurisdiction, the
acceptance of a plea of nolo contendere, or the affording of
first offender treatment by a court of competent
jurisdiction irrespective of the pendency or availability of
an appeal or an application for collateral relief.
(iii) 'Dangerous drug' means any drug defined
as such in Code Section 16-13-71.
(c) Fingerprinting.
(1) Following completion of the application,
the judge of the probate court shall require the applicant
to proceed to an appropriate law enforcement agency in the
county with the completed application. The appropriate local
law enforcement agency in each county shall then make two
sets of classifiable fingerprints of the applicant for a
license to carry a pistol or revolver, place the fingerprint
required by subsection (f) of this Code section on a blank
license form which has been furnished to the law enforcement
agency by the judge of the probate court, and place the name
of the applicant on the blank license form. The law
enforcement agency shall be entitled to a fee of $5.00 from
the applicant for its services in connection with the
application.
(2) In the case of each applicant who is
applying for a license under this Code section for the first
time, the judge of the probate court shall direct the law
enforcement agency to transmit one set of the applicantīs
fingerprints to the Georgia Crime Information Center for a
search of the Federal Bureau of Investigation records and an
appropriate report. In such cases, the applicant shall
submit an additional fee in an amount established by the
Georgia Bureau of Investigation but not to exceed $30.00 for
a search of records of the Federal Bureau of Investigation
and an appropriate report, payable in such form as the judge
may direct, to cover the cost of the records search.
(3) Applications for renewal of licenses
issued under this Code section shall be made to the judge of
the probate court of the county in which the applicant is
domiciled or, if the applicant is a member of the United
States armed forces, the county in which he or she resides
or in which the military reservation on which the applicant
resides is located in whole or in part at the time of making
the renewal application. In the case of an applicant for a
renewal of a license, the judge of the probate court may, in
his or her discretion, direct that the local county law
enforcement agency request a search of the criminal history
file and wanted persons file of the Georgia Crime
Information Center by computer access from that county in
lieu of transmitting the application and forms.
(d) Investigation of applicant; issuance of
license. Each law enforcement agency, upon receiving such
applications and obtaining such fingerprints, shall promptly
conduct a thorough search of its records and records to
which it has access and shall notify the judge of the
probate court within 50 days, by telephone and in writing,
of any findings relating to the applicant which may bear on
his eligibility for a license under the terms of this Code
section. When no derogatory information is found on the
applicant bearing on his eligibility to obtain a license, a
report shall not be required. The law enforcement agency
shall return the application and the blank license form with
the fingerprint thereon directly to the judge of the probate
court within such time period. Not later than 60 days after
the date of the application the judge of the probate court
shall issue the applicant a license to carry any pistol or
revolver if no facts establishing ineligibility have been
reported and if the judge determines the applicant has met
all the qualifications, is of good moral character, and has
complied with all the requirements contained in this Code
section.
(e) Revocation, loss, or damage to license.
If, at any time during the period for which the license was
issued, the judge of the probate court of the county in
which the license was issued shall learn or have brought to
his or her attention in any manner any reasonable ground to
believe the licensee is not eligible to retain the license,
the judge may, after notice and hearing, revoke the license
of the person upon adjudication of falsification of
application, mental incompetency, chronic alcohol or
narcotic usage, conviction of any felony or forcible
misdemeanor, or for violation of Code Section 16-11-126,
16-11-127, or 16-11-128. It shall be unlawful for any person
to possess a license which has been revoked, and any person
found in possession of any such revoked license, except in
the performance of his or her official duties, shall be
guilty of a misdemeanor. It shall be required that any
license holder under this Code section have in his or her
possession his or her valid license whenever he or she is
carrying a pistol or revolver under the authority granted by
this Code section, and his or her failure to do so shall be
prima-facie evidence of a violation of Code Section
16-11-128. Loss of any license issued in accordance with
this Code section or damage to the license in any manner
which shall render it illegible shall be reported to the
judge of the probate court of the county in which it was
issued within 48 hours of the time the loss or damage
becomes known to the license holder. The judge of the
probate court shall thereupon issue a replacement for and
shall take custody of and destroy a damaged license; and in
any case in which a license has been lost, he or she shall
issue a cancellation order and notify by telephone and in
writing each of the law enforcement agencies whose records
were checked before issuance of the original license. The
judge shall charge the fee specified in subsection (k) of
Code Section 15-9-60 for such services.
(f) License specifications. Licenses issued
as prescribed in this Code section shall be printed on
durable but lightweight card stock, and the completed card
shall be laminated in plastic to improve its wearing
qualities and to inhibit alterations. Measurements shall be
3 1/4 inches long, and 2 1/4 inches wide. Each shall be
serially numbered within the county of issuance and shall
bear the full name, residential address, birth date, weight,
height, color of eyes, sex, and a clear print of the right
index finger of the licensee. If the right index fingerprint
cannot be secured for any reason, the print of another
finger may be used but such print shall be marked to
identify the finger from which the print is taken. The
license shall show the date of issuance, the expiration
date, and the probate court in which issued and shall be
signed by the licensee and bear the signature or facsimile
thereof of the judge. The seal of the court shall be placed
on the face before the license is laminated. The reverse
side of the license shall have imprinted thereon in its
entirety Code Section 16-11-127.
(g) Alteration or counterfeiting of license;
penalty. A person who deliberately alters or counterfeits
such a license card commits a felony and, upon conviction
thereof, shall be punished by imprisonment for a period of
not less than one nor more than five years.
(h) Licenses for former law enforcement
officers. Except as otherwise provided in Code Section
16-11-130, any person who has served as a law enforcement
officer for at least ten of the 12 years immediately
preceding the retirement of such person as a law enforcement
officer shall be entitled to be issued a license as provided
for in this Code section without the payment of any of the
fees provided for in this Code section. Such person must
comply with all the other provisions of this Code section
relative to the issuance of such licenses. As used in this
subsection, the term 'law enforcement officer' means any
peace officer who is employed by the United States
government or by the State of Georgia or any political
subdivision thereof and who is required by the terms of his
or her employment, whether by election or appointment, to
give his or her full time to the preservation of public
order or the protection of life and property or the
prevention of crime. Such term shall include conservation
rangers.
(i) Temporary renewal licenses.
(1) Any person who holds a license under this
Code section to carry a pistol or revolver may, at the time
he applies for a renewal of the license, also apply for a
temporary renewal license if less than 90 days remain before
expiration of the license he then holds or if his previous
license has expired within the last 30 days.
(2) Unless the judge of the probate court
knows or is made aware of any fact which would make the
applicant ineligible for a five-year renewal license, the
judge shall at the time of application issue a temporary
renewal license to the applicant.
(3) Such a temporary renewal license shall be
in the form of a paper receipt indicating the date on which
the court received the renewal application and shall show
the name, address, sex, age, and race of the applicant and
that the temporary renewal license expires 90 days from the
date of issue.
(4) During its period of validity the
temporary renewal permit, if carried on or about the
holderīs person together with the holderīs previous license,
shall be valid in the same manner and for the same purposes
as a five-year license.
(5) A $1.00 fee shall be charged by the
probate court for issuance of a temporary renewal license.
(6) A temporary renewal license may be
revoked in the same manner as a five-year license.
16-11-130. [
Index ]
(a) Code Sections 16-11-126 through 16-11-128
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
officers 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 privilege
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 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 employed by the
Prosecuting Attorneys? Council of Georgia, and any retired
district attorney, assistant district attorney, or district
attorneys investigator if such retired employee 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 continued 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
pursuant 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;
(8) The Attorney General and those members of
his or her staff whom he or she specifically authorizes in
writing to carry a weapon;
(9) Chief probation officers, probation
officers, intensive probation officers, and surveillance
officers employed by and under the authority of the
Department of Corrections pursuant to Article 2 of Chapter 8
of Title 42, known as the 'State-wide Probation Act,' when
specifically designated and authorized in writing by the
director of Division of Probation;
(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 35-8-13 to handle
animals trained to detect explosives, while in the
performance of their duties;
(12) State and federal trial and appellate
judges, full-time judges of municipal and city courts, and
former state trial and appellate judges retired from their
respective offices under state retirement;
(13) United States Attorneys and Assistant
United States Attorneys;
(14) County medical examiners and coroners
and their sworn officers employed by county government; and
(15) Clerks of the superior courts.
(b) Code Sections 16-11-126 through 16-11-128
shall not apply to or affect persons who at the time of
their retirement from service with the Department of
Corrections were chief probation officers, probation
officers, intensive probation officers, or surveillance
officers, when specifically designated and authorized in
writing by the director of Division of Probation.
(c) Code Sections 16-11-126 through 16-11-128
shall not apply to or affect any:
(1) Sheriff, retired sheriff, deputy sheriff,
or retired deputy sheriff if such retired deputy sheriff is
receiving benefits under the Peace Officers? Annuity and
Benefit Fund provided under Chapter 17 of Title 47;
(2) Member of the Georgia State Patrol or
agent of the Georgia Bureau of Investigation or retired
member of the Georgia State Patrol or agent of the Georgia
Bureau of Investigation if such retired member or agent is
receiving benefits under the Employees? Retirement System;
(3) 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 university law
enforcement chief executive that is registered or certified
by the Georgia Peace Officer Standards and Training Council;
or retired law enforcement chief executive that formerly
managed a county, municipal, state, state authority, or
federal law enforcement agency in the State of Georgia,
including any college or university law enforcement chief
executive that 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; or
(4) 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 that 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 that was registered or certified at the time of his
or her retirement by the Georgia Peace Officer Standards and
Training Council, if such retired employee 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.
In addition, any such sheriff, retired
sheriff, deputy sheriff, retired deputy sheriff, active or
retired law enforcement chief executive, or other law
enforcement officer referred to in this subsection shall be
authorized to carry a pistol or revolver on or off duty
anywhere within the state and the provisions of Code
Sections 16-11-126 through 16-11-128 shall not apply to the
carrying of such firearms.
(d) A prosecution based upon a violation of
Code Section 16-11-126, 16-11-127, or 16-11-128 need not
negative any exemptions.
16-11-131. [
Index ]
(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 constitute 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 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 any firearm commits a
felony and, upon conviction thereof, shall be imprisoned for
not less than one nor more than five years; provided,
however, that if the felony as to 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 for a forcible felony pursuant to this Code
section and who attempts to purchase or obtain transfer of a
firearm shall be guilty of a felony and shall be punished by
imprisonment for not less than one nor more than five 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
possession 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 applicantīs
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 applicantīs
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 Information 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; felony murder;
burglary; robbery; armed robbery; kidnapping; hijacking of
an aircraft or motor vehicle; 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 placed on probation as a first
offender pursuant to Article 3 of Chapter 8 of Title 42 and
subsequently discharged without court adjudication of guilt
pursuant to Code Section 42-8-62 shall, upon such discharge,
be relieved from the disabilities imposed by this Code
section.
16-11-132. [
Index ]
(a)(1) For the purposes of this Code section,
the term 'pistol' or 'revolver' means a firearm of any
description, loaded or unloaded, from which any shot,
bullet, or other missile can be discharged where the length
of the barrel, not including any revolving, detachable, or
magazine breech, does not exceed 12 inches; provided,
however, that the term pistol or revolver shall not include
a gun which discharges shot of .46 centimeters or less in
diameter.
(2) For the purposes of this Code section, a
pistol or revolver is considered loaded if:
(A) There is a cartridge in the chamber or
cylinder of the pistol or revolver;
(B) The person is carrying on his or her body
or attached to his or her clothing the pistol or revolver
and the ammunition for such pistol or revolver; or
(C) The pistol or revolver and the ammunition
for such pistol or revolver are in such close proximity to
such person that such person could readily gain access to
the pistol or revolver and the ammunition and load the
pistol or revolver.
(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 personīs control a
pistol or revolver. 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
pistol or revolver, 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 pistol or revolver in such personīs possession is not
loaded;
(2) Any person under the age of 18 years who
is on real property under the control of such personīs
parent, legal guardian, or grandparent and who has the
permission of such personīs parent or legal guardian to
possess a pistol or revolver; or
(3) Any person under the age of 18 years who
is at such personīs residence and who, with the permission
of such personīs parent or legal guardian, possesses a
pistol or revolver for the purpose of exercising the rights
authorized 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 delinquent under the provisions of Article 1 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.
16-11-133. [
Index ]
(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 constitute 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, armed robbery, 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
armīs 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, selling, 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 16-13-31,
and which crime is a felony, commits a felony
and, upon conviction thereof, shall be punished by
confinement for a period of 15 years, such sentence to run
consecutively to any other sentence which the person has
received.
(c) Upon the second or subsequent conviction
of a convicted felon under this Code section, such convicted
felon shall be punished by confinement for life.
Notwithstanding any other law to the contrary, the sentence
of any convicted felon which is imposed for violating this
Code section a second or subsequent time shall not be
suspended by the court and probationary sentence imposed in
lieu thereof.
(d) Any crime committed in violation of
subsections (b) and (c) of this Code section shall be
considered a separate offense.
16-11-134. [
Index ]
(a) It shall be unlawful for any person to
discharge a firearm while:
(1) Under the influence of alcohol or any
drug or any combination of alcohol and any drug to the
extent that it is unsafe for the person to discharge such
firearm except in the defense of life, health, and property;
(2) The personīs alcohol concentration is
0.08 grams or more at any time while discharging such
firearm or within three hours after such discharge of such
firearm from alcohol consumed before such discharge ended;
or
(3) Subject to the provisions of subsection
(b) of this Code section, there is any amount of marijuana
or a controlled substance, as defined in Code Section
16-13-21, present in the personīs blood or urine, or both,
including the metabolites and derivatives of each or both
without regard to whether or not any alcohol is present in
the personīs breath or blood.
(b) The fact that any person charged with
violating this Code section is or has been legally entitled
to use a drug shall not constitute a defense against any
charge of violating this Code section; provided, however,
that such person shall not be in violation of this Code
section unless such person is rendered incapable of
possessing or discharging a firearm safely as a result of
using a drug other than alcohol which such person is legally
entitled to use.
(c) Any person convicted of violating
subsection (a) of this Code section shall be guilty of a
misdemeanor of a high and aggravated nature.
16-11-150. [
Index ]
This part shall be known and may be cited as
the 'Georgia Antiterroristic Training Act.'
16-11-151. [
Index ]
(a) As used in this Code section, the term
'dangerous weapon' has the same meaning as found in
paragraph (1) of Code Section 16-11-121.
(b) It shall be unlawful for any person to:
(1) Teach, train, or demonstrate to any other
person the use, application, or making of any illegal
firearm, dangerous weapon, explosive, or incendiary device
capable of causing injury or death to persons either
directly or through a writing or over or through a computer
or computer network if the person teaching, training, or
demonstrating knows, has reason to know, or intends that
such teaching, training, or demonstrating will be unlawfully
employed for use in or in furtherance of a civil disorder,
riot, or insurrection; or
(2) Assemble with one or more persons for the
purpose of being taught, trained, or instructed in the use
of any illegal firearm, dangerous weapon, explosive, or
incendiary device capable of causing injury or death to
persons if such person so assembling knows, has reason to
know, or intends that such teaching, training, or
instruction will be unlawfully employed for use in or in
furtherance of a civil disorder, riot, or insurrection.
(c) Any person who violates any provision of
subsection (b) of this Code section shall be guilty of a
felony and, upon conviction thereof, shall be punished by a
fine of not more than $5,000.00 or by imprisonment for not
less than one nor more than five years, or both.
16-11-152. [
Index ]
This part shall not apply to:
(1) Any act of any peace officer which is
performed in the lawful performance of official duties;
(2) Any training for law enforcement officers
conducted by or for any police agency of the state or any
political subdivision thereof or any agency of the United
States;
(3) Any activities of the National Guard or
of the armed forces of the United States; or
(4) Any hunter education classes taught under
the auspices of the Department of Natural Resources, or
other classes intended to teach the safe handling of
firearms for hunting, recreation, competition, or
self-defense.
16-11-160. [
Index ]
(a)(1) It shall be unlawful for any person to
possess or to use a machine gun, sawed-off rifle, sawed-off
shotgun, or a firearm equipped with a silencer, as those
terms are defined in Code Section 16-11-121, during the
commission or the attempted commission of any of the
following offenses:
(A) Aggravated assault as defined in Code
Section 16-5-21;
(B) Aggravated battery as defined in Code
Section 16-5-24;
(C) Robbery as defined in Code Section
16-8-40;
(D) Armed robbery as defined in Code Section
16-8-41;
(E) Murder or felony murder as defined in
Code Section 16-5-1;
(F) Voluntary manslaughter as defined in Code
Section 16-5-2;
(G) Involuntary manslaughter as defined in
Code Section 16-5-3;
(H) Sale, possession for sale,
transportation, manufacture, offer for sale, or offer to
manufacture controlled substances in violation of any
provision of Article 2 of Chapter 13 of this title, the
'Georgia Controlled Substances Act';
(I) Terroristic threats or acts as defined in
Code Section 16-11-37;
(J) Arson as defined in Code Sections
16-7-60, 16-7-61, and 16-7-62;
(K) Influencing witnesses as defined in Code
Section 16-11-93; and
(L) Participation in criminal gang activity
as defined in Code Section 16-15-4.
(2)(A) As used in this paragraph, the term
'bulletproof vest' means a bullet-resistant soft body armor
providing, as a minimum standard, the level of protection
known as 'threat level I,' which means at least seven layers
of bullet-resistant material providing protection from at
least three shots of 158-grain lead ammunition fired from a
.38 caliber handgun at a velocity of 850 feet per second.
(B) It shall be unlawful for any person to
wear a bulletproof vest during the commission or the
attempted commission of any of the following offenses:
(i) Any crime against or involving the person
of another in violation of any of the provisions of this
title for which a sentence of life imprisonment may be
imposed;
(ii) Any felony involving the manufacture,
delivery, distribution, administering, or selling of
controlled substances or marijuana as provided in Code
Section 16-13-30; or
(iii) Trafficking in cocaine, illegal drugs,
marijuana, or methamphetamine as provided in Code Section
16-13-31.
(b) Any person who violates paragraph (1) of
subsection (a) of this Code section shall be guilty of a
felony, and, upon conviction thereof, shall be punished by
confinement for a period of ten years, such sentence to run
consecutively to any other sentence which the person has
received. Any person who violates paragraph (2) of
subsection (a) of this Code section shall be guilty of a
felony, and, upon conviction thereof, shall be punished by
confinement for a period of one to five years, such sentence
to run consecutively to any other sentence which the person
has received.
(c) Upon the second or subsequent conviction
of a person under this Code section, the person shall be
punished by life imprisonment. Notwithstanding any other law
to the contrary, the sentence of any person which is imposed
for violating this Code section a second or subsequent time
shall not be suspended by a court or a probationary sentence
imposed in lieu thereof.
(d) The punishment prescribed for the
violation of subsections (a) and (c) of this Code section
shall not be probated or suspended as is provided by Code
Section 17-10-7.
(e) Any crime committed in violation of this
Code section shall be considered a separate offense.
16-11-161. [
Index ]
Nothing in this part shall be construed to
prohibit a local governing authority from adopting and
enforcing laws consistent with this part relating to gangs
and gang violence. Where local laws or ordinances duplicate
or supplement this part, this part shall be construed as
providing alternative remedies and not as preempting the
field.
16-11-162. [
Index ]
This part shall not apply to persons who use
force in defense of others as provided by Code Section
16-3-21. This part is intended to supplement not to supplant
Code Section 16-11-106.
16-11-170. [
Index ]
(a) It is the intention of this part to
establish state regulations which are consistent with the
policy and terms of the federal Brady Handgun Violence
Prevention Act by providing a state background check law.
(b) This part shall in all respects be
construed and administered in conformity with the provisions
of the federal Brady Handgun Violence Prevention Act.
Without limiting the generality of the foregoing, it is
specifically intended that this part shall constitute a
state law requiring verification by a state official that
information available does not indicate that possession of a
handgun by a proposed transferee would be in violation of
law, as authorized under 18 U.S.C. Section 922(s)(1)(D).
16-11-171. [
Index ]
As used in this part, the term:
(1) 'Bureau' means the Georgia Bureau of
Investigation.
(2) 'Center' means the Georgia Crime
Information Center within the Georgia Bureau of
Investigation.
(3) 'Dealer' means any person licensed as a
dealer pursuant to 18 U.S.C. Section 921, et seq., or
Chapter 16 of Title 43.
(4) 'Handgun' means a pistol or revolver or
other handgun defined in Code Section 16-11-131 which has a
short stock and is designed to be held and fired by the use
of a single hand.
(5) 'Involuntarily hospitalized' means
hospitalized as an inpatient in any mental health facility
pursuant to Code Section 37-3-81 or hospitalized as an
inpatient in any mental health facility as a result of being
adjudicated mentally incompetent to stand trial or being
adjudicated not guilty by reason of insanity at the time of
the crime pursuant to Part 2 of Article 6 of Title 17.
16-11-172. [
Index ]
On and after January 1, 1996, no dealer
licensed pursuant to 18 U.S.C. Section 923 or Chapter 16 of
Title 43 shall sell or deliver from his or her business
inventory at his or her licensed premises any handgun to
another person, other than a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector, until:
(1) The dealer has obtained a completed
consent form from the potential buyer or transferee, which
form shall have been promulgated by the bureau and provided
by the licensed dealer, which shall include only the name,
birth date, gender, race, and social security number or
other identification number of such potential buyer or
transferee;
(2) The dealer has inspected identification
containing a photograph of the potential buyer or
transferee;
(3) The dealer has requested, by means of a
toll-free telephone call during hours in which such
toll-free telephone number established by the bureau is
operational as provided in Code Section 16-11-177, that the
bureau conduct a criminal history and involuntary
hospitalization records check;
(4) The dealer has received a unique
transaction number for that inquiry from the bureau
verifying that the information available to the bureau does
not indicate that possession of a handgun by the transferee
would be in violation of federal or state law; and
(5) The dealer has recorded the date of
receipt of the identifying number and the number on the
consent form.
16-11-173. [
Index ]
(a) Upon receipt of a request for a criminal
history and involuntary hospitalization records check, the
bureau shall immediately, during the licenseeīs call or by
return call:
(1) Review all criminal history and
involuntary hospitalization records electronically available
to the bureau to determine if the potential buyer or
transferee is prohibited from receipt or possession of a
handgun pursuant to state or federal law; and
(2) Inform the licensee making the inquiry
that its records demonstrate that the potential buyer or
transferee is so prohibited or provide the licensee with a
unique transaction number.
(b) In the event that the electronic check of
records available to the bureau as provided in subsection
(a) of this Code section reveals the existence of a criminal
history record not immediately available to the bureau so as
to determine the eligibility of the potential buyer to
purchase a handgun, the bureau shall in the same call or
return call advise the licensee of such existing, but not
immediately available, record. In that event, the licensee
shall not complete the sale of the handgun until the bureau
advises the licensee that information subsequently received
as a result of that request shows that the potential buyer
is not prohibited from receiving or possessing a handgun
under state or federal law.
16-11-174. [
Index ]
(a) In the event of electronic failure,
scheduled computer downtime, or similar emergency beyond the
control of the bureau or center which prevents or delays the
checks from being made as provided in Code Section
16-11-173, the bureau shall immediately notify the
requesting licensee of the reason for, and estimated length
of, such delay. After such notification, the center shall,
as soon as possible but in no event later than noon of the
next business day after the day the request is made, inform
the licensee if its records indicate the buyer or transferee
is prohibited from possessing or transporting a firearm by
state or federal law or if a requested purchase or transfer
is authorized. Unless notified by the morning of the next
day after the request is made that the potential buyer or
transferee is so prohibited, the licensee may complete the
transaction and shall not be deemed in violation of this
part.
(b) A licensed dealer is not required to
comply with the requirements of this part in the event of
unavailability of telephone service at the licensed premises
due to the failure of the entity which provides telephone
service in the state, region, or other geographical area in
which the licensee is located to provide telephone service
to the premises of the licensee due to the location of such
premises or the interruption of telephone service by reason
of hurricane, tornado, flood, natural disaster, or other act
of God, war, invasion, insurrection, riot, or other bona
fide emergency, or other reason beyond the control of the
licensee.
16-11-175. [
Index ]
The bureau shall be authorized to charge and
collect a fee not in excess of $5.00 for each criminal
history and involuntary hospitalization records check
conducted pursuant to Code Section 16-11-173.
16-11-176. [
Index ]
The bureau shall not create any list,
electronic, magnetic, or otherwise, containing any of the
information set forth in paragraph (1) of Code Section
16-11-172 pertaining to a potential buyer or transferee
unless the potential buyer or transferee is prohibited from
receipt or possession of a handgun pursuant to state or
federal law.
16-11-177. [
Index ]
The bureau shall establish a toll-free
telephone number which shall be operational Monday through
Saturday between the hours of 8:00 A.M. and 10:00 P.M. and
operational on Sundays between the hours of 8:00 A.M. and
6:00 P.M. for purposes of responding to inquiries as
described in this part from licensed dealers; provided,
however, that such telephone service established by the
bureau shall not be operational on Christmas Day. The bureau
shall employ and train such personnel as are necessary to
administer expeditiously the provisions of this Code
section.
16-11-178. [
Index ]
(a) Any person who is denied the right to
receive or purchase a handgun as a result of the procedures
established by this part may request amendment of the record
pertaining to him or her by petitioning the bureau. If the
bureau fails to amend the record within seven days and
except as otherwise provided in subsection (b) of this Code
section, the person requesting the amendment may petition
the superior court of the county of residence for an order
directing the bureau to amend the record. If the record as
corrected demonstrates that such person is not prohibited
from receipt or possession of a handgun by state or federal
law, the bureau shall destroy any records it maintains which
contain any information derived from the criminal history
record check set forth in paragraph (1) of Code Section
16-11-172.
(b) In addition to other provisions of law
relating to prohibitions against possessing or transporting
a handgun, any individual who has been involuntarily
hospitalized within five years immediately preceding the
date of an application for a handgun shall be prohibited
from purchasing or possessing a handgun; provided, however,
that, if after a hearing before the committing court, the
probate judge or judge of the superior court determines that
based on the evidence submitted by such applicant and any
other evidence required by the judge that such applicant is
not a danger to himself or herself or others, such applicant
shall not be deemed ineligible to purchase a handgun as a
result of being involuntarily hospitalized. If such
applicant is not deemed ineligible to purchase a handgun,
the bureau shall destroy any records it maintains which
contain any information derived from the involuntary
hospitalization records checks set forth in paragraph (1) of
Code Section 16-11-172.
(c) Any person erroneously identified as a
prohibited person, whose records have not been corrected
pursuant to subsection (a) or (b) of this Code section, may
bring an action in any court of original jurisdiction
against the State of Georgia or any political subdivision
thereof which is the source of the erroneous information for
damages, including consequential damages, injunctive relief,
and such other relief as the court deems appropriate. If the
person prevails in the action, the court shall allow the
person reasonable attorneyīs fees as part of the costs.
16-11-179. [
Index ]
The bureau shall promulgate regulations to
ensure the identity, confidentiality, and security of all
records and data provided pursuant to this part. Any
government official who willfully or intentionally
compromises the identity, confidentiality, and security of
any records and data pursuant to this part shall be guilty
of a felony and fined no less than $5,000.00 and shall be
subject to automatic dismissal from his or her employment.
16-11-180. [
Index ]
Compliance with the provisions of this part
shall be a complete defense to any claim or cause of action
under the laws of this state for liability for damages
arising from the sale or transfer of any handgun which has
been shipped or transported in interstate or foreign
commerce to any person who has been convicted in any court
of a crime punishable by imprisonment for a term exceeding
one year or who has been involuntarily hospitalized.
16-11-181. [
Index ]
(a) The provisions of this part shall not
apply to:
(1) Any firearm, including any handgun with a
matchlock, flintlock, percussion cap, or similar type of
ignition system, manufactured in or before 1898;
(2) Any replica of any firearm described in
paragraph (1) of this subsection if such replica is not
designed or redesigned to use rimfire or conventional
center-fire fixed ammunition or uses rimfire or conventional
center-fire fixed ammunition which is no longer manufactured
in the United States and which is not readily available in
the ordinary channels of commercial trade;
(3) Any firearm which is a curio or relic as
defined by 27 C.F.R. 178.11; and
(4) Potential buyers or transferees who hold
a valid permit or license to carry a pistol or revolver
pursuant to Code Section 16-11-129 and who exhibit such
permit or license to a licensed dealer.
(b) Notwithstanding any other provisions of
this part, in any case where a person has transferred a
handgun as collateral for a loan or as pledged goods in a
pawn transaction and such transaction has been carried out
pursuant to the provisions of this part, upon such person
reclaiming or redeeming the handgun from the dealer or upon
such person transferring any other handgun as collateral or
pledged goods to the same dealer or reclaiming the same at
any time during the 12 month period immediately following
the original transaction with such dealer, the provisions of
this part shall not apply to such transfers subsequent to
the original transfer during such 12 month period.
16-11-182. [
Index ]
(a) Any licensed dealer or any government
official who willfully and intentionally requests a criminal
history and involuntary hospitalization records check from
the bureau for any purpose other than compliance with this
part or willfully and intentionally disseminates any
criminal history or involuntary hospitalization records
information to any person other than the subject of such
information shall be guilty of a felony.
(b) Any person who, in connection with the
purchase, transfer, or attempted purchase or transfer of a
handgun pursuant to Code Section 16-11-172, willfully and
intentionally makes any materially false oral or written
statement or willfully and intentionally furnishes or
exhibits any false identification intended or likely to
deceive the licensee shall be guilty of a misdemeanor.
(c) Any licensed dealer who willfully and
intentionally sells or delivers a handgun in violation of
this part shall be guilty of a misdemeanor.
(d) Any purchaser or owner of a firearm who
willfully and intentionally transfers the firearm at any
time to a person who he or she knows to be prohibited from
possession of a handgun by state or federal law shall be
guilty of a felony and shall be punished by imprisonment for
not less than one nor more than three years.
16-11-183. [
Index ]
The bureau shall provide the Speaker of the
House of Representatives and the President of the Senate an
annual report including the number of inquiries made
pursuant to this part for the prior calendar year. Such
report shall include, but not be limited to, the number of
inquiries received from licensees, the number of inquiries
resulting in a determination that the potential buyer or
transferee was prohibited from receipt or possession of a
handgun pursuant to state or federal law, the estimated
costs of administering this part, the number of instances in
which a person requests amendment of the record pertaining
to such person pursuant to subsection (a) of Code Section
16-11-178, the number of instances in which the superior
court issued an order directing the bureau to amend a record
pursuant to subsection (a) of Code Section 16-11-178, and
the number of instances in which the probate court or
superior court issued an order directing the bureau to amend
a record relative to involuntary hospitalization pursuant to
subsection (b) of Code Section 16-11-178.
16-11-184. [
Index ]
(a)(1) It is declared by the General Assembly
that the regulation of firearms is properly an issue of
general, state-wide concern.
(2) The General Assembly further declares
that the lawful design, marketing, manufacture, or sale of
firearms or ammunition to the public is not unreasonably
dangerous activity and does not constitute a nuisance per
se.
(b)(1) No county or municipal corporation, by
zoning or by ordinance, resolution, or other enactment,
shall regulate in any manner gun shows, the possession,
ownership, transport, carrying, transfer, sale, purchase,
licensing, or registration of firearms, components of
firearms, firearms dealers, or dealers in firearms
components.
(2) The authority to bring suit and right to
recover against any firearms or ammunition manufacturer,
trade association, or dealer by or on behalf of any
governmental unit created by or pursuant to an Act of the
General Assembly or the Constitution, or any department,
agency, or authority thereof, for damages, abatement, or
injunctive relief resulting from or relating to the lawful
design, manufacture, marketing, or sale of firearms or
ammunition to the public shall be reserved exclusively to
the state. This paragraph shall not prohibit a political
subdivision or local government authority from bringing an
action against a firearms or ammunition manufacturer or
dealer for breach of contract or warranty as to firearms or
ammunition purchased by the political subdivision or local
government authority.
(c) A county or municipal corporation may
regulate the transport, carrying, or possession of firearms
by employees of the local unit of government in the course
of their employment with that local unit of government.
(d) Nothing contained in this Code section
shall prohibit municipalities or counties, by ordinance,
resolution, or other enactment, from requiring the ownership
of guns by heads of households within the political
subdivision.
(e) Nothing contained in this Code section
shall prohibit municipalities or counties, by ordinance,
resolution, or other enactment, from reasonably limiting or
prohibiting the discharge of firearms within the boundaries
of the municipal corporation.
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