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Driving Under the Influence
40-6-391
40-6-391. Driving under the influence of alcohol, drugs or
other intoxicating substances; penalties for first and second
offenses; publication of notice of conviction for persons
convicted for third time; endangering a child.
Statute text
(a) A person shall not drive or be in actual physical control of
any moving vehicle while:
(1) Under the influence of alcohol to the extent that it is less
safe for the person to drive;
(2) Under the influence of any drug to the extent that it is less
safe for the person to drive;
(3) Under the intentional influence of any glue, aerosol, or
other toxic vapor to the extent that it is less safe for the
person to drive;
(4) Under the combined influence of any two or more of the
substances specified in paragraphs (1) through (3) of this
subsection to the extent that it is less safe for the person to
drive;
(5) The person's alcohol concentration is 0.10 grams or more at
any time within three hours after such driving or being in actual
physical control from alcohol consumed before such driving or
being in actual physical control ended; or
(6) 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
person's 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 person's 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 driving safely as a result of using a drug other
than alcohol which such person is legally entitled to use.
(c) Every person convicted of violating this Code section shall,
upon a first or second conviction thereof, be guilty of a
misdemeanor and, upon a third or subsequent conviction thereof,
be guilty of a high and aggravated misdemeanor and shall be
punished as follows:
(1) First conviction with no conviction of and no plea of nolo
contendere accepted to a charge of violating this Code section
within the previous five years, as measured from the dates of
previous arrests for which convictions were obtained or pleas of
nolo contendere were accepted to the date of the current arrest
for which a conviction is obtained or a plea of nolo contendere
is accepted:
(A) A fine of not less than $300.00 nor more than $1,000.00,
which fine shall not, except as provided in subsection (g) of
this Code section, be subject to suspension, stay, or probation;
(B) A period of imprisonment of not less than ten days nor more
than 12 months, which period of imprisonment may, at the sole
discretion of the judge, be suspended, stayed, or probated; and
(C) Not less than 40 hours of community service;
(2) For the second conviction within a five-year period of time,
as measured from the dates of previous arrests for which
convictions were obtained or pleas of nolo contendere were
accepted to the date of the current arrest for which a conviction
is obtained or a plea of nolo contendere is accepted:
(A) A fine of not less than $600.00 nor more than $1,000.00,
which fine shall not, except as provided in subsection (g) of
this Code section, be subject to suspension, stay, or probation;
(B) A period of imprisonment of not less than 90 days nor more
than 12 months. At the sole discretion and under such terms and
conditions as the judge shall impose, the judge may suspend,
stay, or probate all but 48 hours of any term of imprisonment
imposed under this paragraph; and
(C) Not less than 80 hours of community service; or
(3) For the third or subsequent conviction within a five-year
period of time, as measured from the dates of previous arrests
for which convictions were obtained or pleas of nolo contendere
were accepted to the date of the current arrest for which a
conviction is obtained or a plea of nolo contendere is accepted:
(A) A fine of not less than $1,000.00 and not more than
$5,000.00, which fine shall not, except as provided in subsection
(g) of this Code section, be subject to suspension, stay, or
probation;
(B) A mandatory period of imprisonment of not less than 120 days
nor more than 12 months. At the sole discretion and under such
terms and conditions as the judge shall impose, the judge may
suspend, stay, or probate all but ten days of any term of
imprisonment imposed under this paragraph; and
(C) Not less than 20 days of community service.
For the purpose of imposing a sentence under this subsection, a
plea of nolo contendere shall constitute a conviction.
(d) (1) Notwithstanding the limits set forth in any municipal
charter, any municipal court of any municipality shall be
authorized to impose the punishments provided for in this Code
section upon a conviction of violating this Code section or upon
conviction of violating any ordinance adopting the provisions of
this Code section.
(2) Notwithstanding any provision of this Code section to the
contrary, any court authorized to hear cases involving violations
of this Code section shall be authorized to exercise the power to
probate, suspend, or stay any sentence imposed. Such power shall,
however, be limited to the conditions and limitations imposed by
subsection (c) of this Code section.
(e) The foregoing limitations on punishment also shall apply when
a defendant has been convicted of violating, by a single
transaction, more than one of the four provisions of subsection
(a) of this Code section.
(f) The provisions of Code Section 17-10-3, relating to general
punishment for misdemeanors including traffic offenses, and the
provisions of Article 3 of Chapter 8 of Title 42, relating to
probation of first offenders, shall not apply to any person
convicted of violating any provision of this Code section.
(g) (1) If the payment of the fine required under subsection (c)
of this Code section will impose an economic hardship on the
defendant, the judge, at his or her sole discretion, may order
the defendant to pay such fine in installments and such order may
be enforced through a contempt proceeding or a revocation of any
probation otherwise authorized by this Code section.
(2) In the sole discretion of the judge, he or she may suspend up
to one-half of the fine imposed under paragraph (3) of subsection
(c) of this Code section for a third or subsequent conviction
conditioned upon the defendant's undergoing an alcohol or drug
treatment program approved by the court.
(h) For purposes of determining under this chapter prior
convictions of or pleas of nolo contendere to violating this Code
section, in addition to the offense prohibited by this Code
section, a conviction of or plea of nolo contendere to any of the
following offenses shall be deemed to be a violation of this Code
section:
(1) Any federal law substantially conforming to or parallel with
the offense covered under this Code section;
(2) Any local ordinance adopted pursuant to Article 14 of this
chapter, which ordinance adopts the provisions of this Code
section; or
(3) Any previously or currently existing law of this or any other
state, which law was or is substantially conforming to or
parallel with this Code section.
(i) A person shall not drive or be in actual physical control of
any moving commercial motor vehicle while there is 0.04 percent
or more by weight of alcohol in such person's blood, breath, or
urine. Every person convicted of violating this subsection shall
be guilty of a misdemeanor and, in addition to any
disqualification resulting under Article 7 of Chapter 5 of this
title, the "Uniform Commercial Driver's License Act,"
shall be fined as provided in subsection (c) of this Code
section.
(j) (1) The clerk of the court in which a person is convicted a
third time under subsection (c) of this Code section shall cause
to be published a notice of conviction for each such person
convicted. Such notices of conviction shall be published in the
manner of legal notices in the legal organ of the county in which
such person resides or, in the case of nonresidents, in the legal
organ of the county in which the person was convicted. Such
notice of conviction shall be one column wide by two inches long
and shall contain the photograph taken by the arresting law
enforcement agency at the time of arrest, name, and address of
the convicted person and the date, time, place of arrest, and
disposition of the case and shall be published once in the legal
organ of the appropriate county in the second week following such
conviction or as soon thereafter as publication may be made.
(2) The convicted person for which a notice of conviction is
published pursuant to this subsection shall be assessed $25.00
for the cost of publication of such notice and such assessment
shall be imposed at the time of conviction in addition to any
other fine imposed pursuant to this Code section.
(3) The clerk of the court, the publisher of any legal organ
which publishes a notice of conviction, and any other person
involved in the publication of an erroneous notice of conviction
shall be immune from civil or criminal liability for such
erroneous publication, provided such publication was made in good
faith.
(k) A person under the age of 18 shall not drive or be in actual
physical control of any moving vehicle while the person's alcohol
concentration is 0.04 grams or more at any time within three
hours after such driving or being in physical control from
alcohol consumed before such driving or being in actual physical
control ended. Every person convicted of violating this
subsection shall be guilty of a misdemeanor for the first and
second convictions and upon a third or subsequent conviction
thereof be guilty of a high and aggravated misdemeanor and shall
be punished and fined as provided in subsection (c) of this Code
section. No plea of nolo contendere shall be accepted for any
person under the age of 18 charged with a violation of this Code
section.
(l) A person who violates this Code section while transporting in
a motor vehicle a child under the age of 14 years is guilty of
the separate offense of endangering a child by driving under the
influence of alcohol or drugs. The offense of endangering a child
by driving under the influence of alcohol or drugs shall not be
merged with the offense of driving under the influence of alcohol
or drugs for the purposes of prosecution and sentencing. An
offender who is convicted of a violation of this subsection shall
be punished in accordance with the provisions of subsection (d)
of Code Section 16-12-1, relating to the offense of contributing
to the delinquency, unruliness, or deprivation of a child.
History
(Ga. L. 1953, Nov.-Dec. Sess., p. 556, § 47; Ga. L. 1968, p.
448, § 1; Code 1933, § 68A-902, enacted by Ga. L. 1974, p. 633,
§ 1; Ga. L. 1983, p. 1000, § 12; Ga. L. 1984, p. 22, § 40; Ga.
L. 1985, p. 149, § 40; Ga. L. 1985, p. 758, § 17; Ga. L. 1987,
p. 3, § 40; Ga. L. 1987, p. 904, § 1; Ga. L. 1988, p. 1893, §
2; Ga. L. 1989, p. 14, § 40; Ga. L. 1990, p. 2048, § 5; Ga. L.
1991, p. 1886, §§ 6-8; Ga. L. 1992, p. 2556, § 2; Ga. L. 1994,
p. 1600, § 8; Ga. L. 1996, p. 1413, § 1.)
Reckless Driving
40-6-390.
(a) Any person who
drives any vehicle in reckless disregard for the safety of
persons or property commits the offense of reckless driving.
(b) Every person convicted of reckless driving shall be guilty of
a misdemeanor and, upon conviction thereof, shall be punished by
a fine not to exceed $1,000.00 or imprisonment not to exceed 12
months, or by both such fine and imprisonment, provided that no
provision of this Code section shall be construed so as to
deprive the court imposing the sentence of the power given by law
to stay or suspend the execution of such sentence or to place the
defendant on probation.
History
(Code 1933, § 68A-901, enacted by Ga. L. 1974, p. 633, § 1; Ga.
L. 1989, p. 350, § 2; Ga. L. 1990, p. 2048, § 5.)
40-6-10. Proof of insurance
required; penalty.
Statute text
(a) (1) The owner or operator of a motor vehicle shall keep proof
or evidence of required minimum insurance coverage in the vehicle
at all times during the operation of the vehicle. A duly executed
vehicle rental agreement shall be considered satisfactory proof
or evidence of required minimum insurance coverage. If the owner
acquired ownership of the motor vehicle in question within the
past 20 days and the vehicle is currently effectively provided
with required minimum insurance coverage under the terms of a
policy providing required minimum insurance coverage for another
motor vehicle, then proof or evidence of required minimum
insurance coverage for such other vehicle shall be considered
satisfactory proof or evidence of required minimum insurance
coverage for the vehicle in question, but only if accompanied by
proof or evidence that the owner acquired ownership of the
vehicle in question within the past 20 days. The owner of a motor
vehicle shall provide to any operator of such vehicle proof or
evidence of required minimum insurance coverage for the purposes
of compliance with this subsection. Except as otherwise provided
in paragraph (4) of this subsection, any person who fails to
comply with the requirements of this subsection shall be guilty
of a misdemeanor and, upon conviction thereof, shall be subject
to a fine of not less than $200.00 nor more than $1,000.00 or
imprisonment for not more than 12 months, or both.
(2) Every law enforcement officer in this state shall request the
operator of a motor vehicle to produce proof or evidence of
required minimum insurance coverage every time the law
enforcement officer requests the presentation of the driver's
license of the operator of the vehicle.
(3) If the owner or operator of a motor vehicle fails to show
proof or evidence of required minimum insurance, the arresting
officer shall issue a uniform traffic citation for operating a
motor vehicle without proof of insurance and shall take
possession of the driver's license and forward it to a court of
competent jurisdiction. If the court or arresting officer
determines that the operator is not the owner, then a uniform
traffic citation may be issued to the owner for authorizing the
operation of a motor vehicle without proof of insurance.
(4) If the person receiving a citation under this subsection
shows to the court having jurisdiction of the case that required
minimum insurance coverage was in effect at the time the citation
was issued, the court shall return the driver's license upon
payment of a fine not to exceed $25.00. The court shall not in
this case forward a record of the disposition of the case to the
department and the driver's license of such person shall not be
suspended.
(b) An owner or any other person who knowingly operates or
knowingly authorizes another to operate a motor vehicle without
effective insurance on such vehicle or without an approved plan
of self-insurance shall be guilty of a misdemeanor and, upon
conviction thereof, shall be subject to a fine of not less than
$200.00 nor more than $1,000.00 or imprisonment for not more than
12 months, or both. An operator of a motor vehicle shall not be
guilty of a violation of this Code section if such operator
maintains a policy of motor vehicle insurance which extends
coverage to any vehicle the operator may drive.
(c) Any person who knowingly makes a false statement or
certification under Code Section 40-5-71 or this Code section
shall be guilty of a misdemeanor and, upon conviction thereof,
shall be subject to a fine of not less than $200.00 nor more than
$1,000.00 or imprisonment for not more than 12 months, or both.
16-11-126. Carrying a concealed
weapon.
Statute text
(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 one year 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 person's
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 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.
History
(Laws 1837, Cobb's 1851 Digest, pp. 848, 849; Ga. L. 1851-52, p.
269, §§ 1-3; Code 1863, § 4413; Ga. L. 1865-66, p. 233, §§
1, 2; Code 1868, § 4454; Code 1873, § 4527; Ga. L. 1882-83, p.
48, § 1; Code 1882, § 4527; Ga. L. 1898, p. 60, § 1; Penal
Code 1895, § 341; Penal Code 1910, § 347; Code 1933, §
26-5101; Code 1933, § 26-2901, enacted by Ga. L. 1968, p. 1249,
§ 1; Ga. L. 1976, p. 1430, § 1; Ga. L. 1982, p. 3, § 16; Ga.
L. 1992, p. 6, § 16; Ga. L. 1996, p. 108, § 1.)
16-11-127. Carrying deadly weapons to or at public gatherings.
Statute text
(a) Except as provided in Code Section 16-11-127.1, a person is
guilty of a misdemeanor when he 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.
(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.
History
(Ga. L. 1870, p. 421, §§ 1, 2; Ga. L. 1878-79, p. 64, § 1;
Code 1882, § 4528; Penal Code 1895, § 342; Ga. L. 1909, p. 90,
§ 1; Penal Code 1910, § 348; Code 1933, § 26-5102; Code 1933,
§ 26-2902, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1976,
p. 1430, § 2; Ga. L. 1986, p. 673, § 1; Ga. L. 1987, p. 358, §
1; Ga. L. 1992, p. 1315, § 1; Ga. L. 1996, p. 748, § 11.)
16-11-127.1. Carrying weapons within school safety zones, at
school functions, or on school property.
Statute text
(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 three or more inches,
straight-edge razor, 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.
(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. A juvenile who violates this subsection
shall be subject to the provisions of Code Section 15-11-37.
(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 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."
History
(Code 1981, § 16-11-127.1, enacted by Ga. L. 1992, p. 1315, §
2; Ga. L. 1994, p. 543, § 1; Ga. L. 1994, p. 547, § 1; Ga. L.
1994, p. 1012, § 4; Ga. L. 1995, p. 10, § 16.)
16-11-128. Carrying pistol without license.
Statute text
(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.
History
(Ga. L. 1910, p. 134, §§ 1, 4; Code 1933, § 26-5103; Code
1933, § 26-2903, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L.
1976, p. 1430, § 3; Ga. L. 1996, p. 108, § 2.)
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