16-11-126. Having or carrying handguns, long guns, or other weapons; exceptions for homes, motor vehicles, private property, and other locations and conditions; unlawful carrying of a weapon.

Any person who is not prohibited by law from possessing a handgun or long gun may have or carry on his or her person a weapon or long gun on his or her property or inside his or her home, motor vehicle, or place of business.#

Any person who is not prohibited by law from possessing a handgun or long gun may have or carry on his or her person a long gun.#

Any person who is a lawful weapons carrier may transport a handgun or long gun in any private passenger motor vehicle; provided, however, that private property owners or persons in legal control of private property through a lease, rental agreement, licensing agreement, contract, or any other agreement to control access to such private property shall have the right to exclude or eject a person who is in possession of a weapon or long gun on their private property in accordance with paragraph (3) of subsection (b) of Code Section 16-7-21, except as provided in Code Section 16-11-135.#

1. (1)

   Any person licensed to carry a weapon in any other state shall be authorized to carry a weapon in this state; provided, however, that:#

   1. (A)

      Such licensee licensed to carry a weapon in any other state shall carry the weapon in compliance with the laws of this state; and#

   2. (B)

      No other state shall be required to recognize and give effect to a license issued pursuant to this part that is held by a person who is younger than 21 years of age.#

2. (2)

   1. (A)

      The Attorney General shall create and maintain on the Department of Law’s website a list of states whose laws recognize and give effect to a license issued pursuant to this part.#

   2. (B)

      The Attorney General shall enter into an agreement with any state that requires an agreement to recognize and give effect to a license issued pursuant to this part.#

1. (1)

   Any person with a valid hunting or fishing license on his or her person, or any person not required by law to have a hunting or fishing license, who is engaged in legal hunting, fishing, or sport shooting when the person has the permission of the owner of the land on which the activities are being conducted may have or carry on his or her person a weapon or long gun while hunting, fishing, or engaging in sport shooting.#

2. (2)

   Any person with a valid hunting or fishing license on his or her person, or any person not required by law to have a hunting or fishing license, who is otherwise engaged in legal hunting, fishing, or sport shooting on recreational or wildlife management areas owned by this state may have or carry on his or her person a knife while engaging in such hunting, fishing, or sport shooting.#

Notwithstanding Code Sections 12-3-10, 27-3-1.1, 27-3-6, and 16-12-122 through 16-12-127, any lawful weapons carrier may carry a weapon in all parks, historic sites, or recreational areas, as such term is defined in Code Section 12-3-10, including all publicly owned buildings located in such parks, historic sites, and recreational areas, in wildlife management areas, and on public transportation; provided, however, that a person shall not carry a handgun into a place where it is prohibited by federal law.#

1. (1)

   Except as otherwise provided in subsections (a) through (f) of this Code section, no person shall carry a weapon unless he or she is a lawful weapons carrier.#

2. (2)

   A person commits the offense of unlawful carrying of a weapon when he or she violates the provisions of paragraph (1) of this subsection.#

Upon conviction of the offense of unlawful carrying of a weapon, a person shall be punished as follows:#

1. (1)

   For the first offense, he or she shall be guilty of a misdemeanor; and#

2. (2)

   For the second offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, 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.#

Nothing in this Code section shall in any way operate or be construed to affect, repeal, or limit the exemptions provided for under Code Section 16-11-130.#