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Call Now: 904-383-7448The right of the people to keep and bear arms shall not be infringed, but the General Assembly shall have power to prescribe the manner in which arms may be borne.
- Art. I, Sec. I, Para. V.
- Right to bear arms, U.S. Const., amend. 2, and § 1-2-6.
Firearms industry nondiscrimination, T. 10, C. 1, A. 15, P. 7.
Restrictions on the right to bear arms, § 16-11-100 et seq.
Right to bear arms is common-law right, and is for the purpose of securing a well qualified militia. Nunn v. State, 1 Ga. 243 (1846); Strickland v. State, 137 Ga. 1, 72 S.E. 260, 36 L.R.A. (n.s.) 115, 1913B Ann. Cas. 323 (1911).
Legislature may inhibit wearing of concealed weapons. Stockdale v. State, 32 Ga. 225 (1861).
Provision requiring one carrying revolver to obtain license does not violate this paragraph. Strickland v. State, 137 Ga. 1, 72 S.E. 260, 36 L.R.A. (n.s.) 115, 1913B Ann. Cas. 323 (1911); Glenn v. State, 10 Ga. App. 128, 72 S.E. 927 (1911); McCoy v. State, 157 Ga. 767, 122 S.E. 200 (1924).
Prohibition of keeping and carrying certain kinds of weapons is justified for purpose of preventing crime under the general police power of regulation of the state, the question in each case being whether the particular regulation involved is legitimate and reasonably within the police power, or whether it is arbitrary, and, under the name of regulation, amounts to a deprivation of the constitutional right to keep and bear arms. Carson v. State, 241 Ga. 622, 247 S.E.2d 68 (1978).
- Trial court's order that the parties not have any weapons in their possession when exchanging their children did not infringe on a parent's right under Ga. Const. 1983, Art. I, Sec. I, Para. VIII to keep and bear arms as the parent's possession of a firearm was not restricted except in the context of a narrowly tailored condition of visitation justified by the evidence. Moore v. Moore-McKinney, 297 Ga. App. 703, 678 S.E.2d 152 (2009).
- The enactment of comprehensive licensing provisions for suppliers and purchasers of handguns indicates that the General Assembly is not inclined to ban the use of such weapons and that legislators do not consider the marketing of handguns to be an unreasonably dangerous or socially unacceptable activity. Rhodes v. R.G. Indus., Inc., 173 Ga. App. 51, 325 S.E.2d 465 (1984).
O.C.G.A. § 16-11-131 is a reasonable regulation authorized by the police power and thus is not violative of Ga. Const. 1976, Art. I, Sec. I, Para. V (see now Ga. Const. 1983, Art. I, Sec. I, Para. VIII). Landers v. State, 250 Ga. 501, 299 S.E.2d 707 (1983).
§ 16-11-129 not unconstitutional. - O.C.G.A. § 16-11-129, which regulated the ability of citizens to carry a weapon in public, was justified by the goal to protect the safety of individuals who are in public places, which was a legitimate and compelling government interest. The statute was not unconstitutional as applied to an applicant who pled nolo contendre to violent felonies in Florida more than 20 years earlier, under either U.S. Const., amend. II or Ga. Const. 1983, Art. I, Sec. I, Para. VIII. Hertz v. Bennett, 294 Ga. 62, 751 S.E.2d 90 (2013).
Cited in Melton v. Beard, 15 F. Supp. 980 (M.D. Ga. 1936); Coleman v. State, 215 Ga. 865, 114 S.E.2d 2 (1960); Shouse v. State, 231 Ga. 716, 203 S.E.2d 537 (1974); Wells v. State, 134 Ga. App. 328, 214 S.E.2d 414 (1975); Mahar v. State, 137 Ga. App. 116, 223 S.E.2d 204 (1975); Johnston v. State, 236 Ga. 370, 223 S.E.2d 808 (1976); Anderson v. State, 141 Ga. App. 249, 233 S.E.2d 240 (1977); McClure v. Kemp, 285 Ga. 801, 684 S.E.2d 255 (2009).
Applicant seeking Georgia pistol toter's permit need not be United States citizen. 1976 Op. Att'y Gen. No. U76-69.
- 79 Am. Jur. 2d, Weapons and Firearms, § 8 et seq.
25 Am. Jur. Pleading and Practice Forms, Weapons and Firearms, § 2.
- 94 C.J.S., Weapons, § 7 et seq.
- Validity and construction of gun control laws, 28 A.L.R.3d 845.
Application of statute or regulation dealing with registration or carrying of weapons to transient nonresident, 68 A.L.R.3d 1253.
Validity of state statutes restricting the right of aliens to bear arms, 28 A.L.R.4th 1096.
Validity of state statute proscribing possession or carrying of knife, 47 A.L.R.4th 651.
Validity of state gun control legislation under state constitutional provisions securing the right to bear arms, 86 A.L.R.4th 931.
Federal constitutional right to bear arms, 37 A.L.R. Fed. 696.
Substitution, under Rule 24c of Federal Rules of Criminal Procedure, of alternate juror for regular juror before jury retires to consider verdict in federal criminal case, 115 A.L.R. Fed. 381.
Construction and application of 18 USCS § 922(e), prohibiting delivery of firearms to common carrier, 125 A.L.R. Fed. 613.
Construction and application of United States Supreme Court holdings in District of Columbia v. Heller, 554 U.S. 570, 128 S. Ct. 2783, 171 L. Ed. 2d 637 (2008) and McDonald v. City of Chicago, Ill., 130 S. Ct. 3020, 177 L. Ed. 2d 894 (2010) respecting Second Amendment right to keep and bear arms, to state or local laws regulating firearms or other weapons, 64 A.L.R. 6th 131.
Validity of state gun control legislation under state constitutional provisions securing right to bear arms - convicted felons, 85 A.L.R. 6th 641.