Governor Kemp has signed Senate Bill 319, allowing “Constitutional Carry” of firearms in Georgia. The term “Constitutional Carry” means the legal public carry of a handgun, either openly or concealed, without a permit. This reflects the view that the 2^nd Amendment of the U.S. Constitution does not abide restrictions on the right to keep and bear arms. Prior to the signing of this bill, those without a permit could only keep a handgun in their home, vehicle, or place of business.

Over the history of our nation there has been much debate on the full meaning and intent of the 2^nd Amendment; which states, “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” Much of the debate centered around whether keeping arms was meant only for a state militia or if it pertained to private citizens for the purpose of self-defense. That issue was decided in 2008 by the U.S. Supreme Court in the case District of Columbia v. Heller, 554 U.S. 570, in which the Court affirmed that the 2^nd Amendment applied to the individual right to keep and bear arms for self-defense. Two years later, in the case McDonald v. City of Chicago, 561 U.S. 742, the Court went further by affirming that the 14^th Amendment made the right to keep and bear arms apply to each state, not just the federal government.

Georgia is not alone, in fact we are the twenty-fifth state to enact constitutional carry behind Alabama, Alaska, Arizona, Arkansas, Idaho, Indiana, Iowa, Kansas, Kentucky, Maine, Mississippi, Missouri, Montana, New Hampshire, North Dakota, Ohio, Oklahoma, South Dakota, Tennessee, Texas, Utah, Vermont, West Virginia, and Wyoming. Illinois and New Mexico allow open carry without a permit but only for unloaded firearms. Washington allows carry without a permit but only during outdoor recreational activities.

It is important to note that although Georgia no longer requires a weapons license to carry a handgun, the same restrictions that applied to licensed persons still apply to lawful weapons carriers. For example, lawful weapons carriers are still barred from carrying in a courthouse, jail or prison, place of worship (unless the governing body has specifically allowed it), state mental health facilities, and nuclear power plants, and within 150 feet of any polling place. They may also be barred from carrying in government buildings if access is screened by security personnel.

Interestingly, although Georgia no longer requires firearms licensing, licenses can still be issued. There are thirty-two states that allow reciprocity with Georgia regarding gun licenses. In other words, if you have a Georgia firearms license, there are thirty-two states that will recognize it and allow you to carry a firearm in that state. If you wish to travel to (or through) these states, you may want to obtain a Georgia firearms permit. These states are Alabama, Alaska, Arkansas, Arizona, Colorado, Florida, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Michigan, Mississippi, Missouri, Montana, New Hampshire, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, Wisconsin, and Wyoming. All other constitutional carry states except Vermont continue to issue licenses for the purposes of inter-state reciprocity.