Georgia Firearm Laws: Other Topics

Georgia Firearm Laws: Other Topics

The Headline

This section covers Georgia firearm rules that don't fit cleanly into the other sections of this guide: ammunition rules, magazine capacity, waiting periods, private sales, dealer requirements, body armor, antique firearms, and the historical and constitutional backdrop. If a question doesn't belong in Permit Basics, Concealed Carry, Open Carry, Prohibited Places, Use of Force, Castle Doctrine, Restrictions, Reciprocity, or one of the other dedicated sections, you'll find the short answer here.

Georgia is a permissive firearms state. Most of what shows up in this catch-all is not regulated at the state level. The federal framework controls, or no rule applies at all.

Ammunition

Georgia imposes no state-level ammunition restrictions. There is no ammunition background check, no caliber prohibition, no online-purchase restriction, and no registration requirement for ammunition sales between Georgia residents.

Federal law still applies:

• 18 U.S.C. § 922(a)(7) restricts the manufacture, importation, and dealing of "armor-piercing" handgun ammunition (defined for handguns by core composition and structural criteria). This is a manufacture-and-dealer rule, not a consumer-possession rule for most ammunition.
• 18 U.S.C. § 922(g) prohibits ammunition possession by the same categories of persons (felons, unlawful drug users, persons subject to qualifying protective orders, etc.) as for firearms.
• 18 U.S.C. § 922(d) makes it a federal felony to transfer ammunition to a known prohibited person.

The operative rule for instructors: in Georgia, ammunition is treated like any other consumer good at the state level, but the federal prohibitor list applies to ammunition the same way it applies to firearms.

Magazine capacity

Georgia has no magazine capacity limit. Per Wikipedia's summary of Georgia firearms law and the absence of any restriction in O.C.G.A. Title 16, Chapter 11, standard-capacity magazines (17, 20, 30, and beyond) are fully legal to own, carry, transfer, and use. There is no state assault-weapon law and no feature-test for rifles.

For full prohibited-person analysis, see Restrictions.

Waiting periods

None. Georgia imposes no waiting period for any firearm purchase. The only delay you may experience is the federal NICS background check at an FFL counter, which is typically instant but can be delayed for further review under 18 U.S.C. § 922(t). If NICS returns a "delay" status and the FFL has not received a final determination after three business days, federal law permits the dealer to proceed at their discretion (the "default proceed" rule), though many dealers wait longer as policy.

Private sales between Georgia residents

Georgia law does not require a background check for private firearm sales or transfers between Georgia residents who are not engaged in the business of dealing firearms. The Wikipedia summary of Georgia gun laws confirms: "Georgia law allows private firearm sales between residents without requiring any processing through an FFL."

Federal law still applies:

• 18 U.S.C. § 922(d): it is a felony to sell or transfer a firearm to a person you know, or have reasonable cause to believe, is prohibited.
• 18 U.S.C. § 922(a)(5): interstate private handgun sales between non-licensees are restricted; out-of-state long-gun sales must run through an FFL in the buyer's state.

Operational best practice (not required by Georgia statute):

1. Use a written bill of sale capturing buyer name, address, driver's license number, firearm description, serial number, and date.
2. Verify the buyer is a Georgia resident with a current Georgia driver's license or ID.
3. Have the buyer sign an attestation that they are not federally prohibited.
4. If you have any doubt about the buyer's eligibility, decline the sale or run it through an FFL.

A Weapons Carry License is a strong indicator the buyer cleared a recent background check, but the WCL is not a substitute for federal-prohibitor diligence.

Dealer requirements

Georgia does not impose a state-level dealer license requirement. Federal Firearms Licensees (FFLs) in Georgia are regulated by ATF under the Gun Control Act of 1968 (18 U.S.C. Chapter 44) and 27 C.F.R. Part 478. Federal rules govern the Form 4473, the bound-book A&D record, NICS background checks, and ATF compliance inspections. Georgia does not layer state-level inventory tracking, dealer-bond requirements, or state firearm-purchase permits on top of the federal scheme. Local jurisdictions are preempted from regulating dealers under O.C.G.A. § 16-11-173.

Body armor

Body armor is legal to own and possess in Georgia for non-prohibited persons. There is no state-level prohibition on the purchase, sale, or wear of soft body armor or rifle plates by ordinary residents.

Two narrow restrictions exist:

• O.C.G.A. § 16-11-160: Georgia's body-armor statute (referenced in the handgunlaw.us Georgia guide). The operative concept is that wearing body armor while committing certain felonies is a separate offense. Confirm the exact prohibited-use conduct against the live statute before relying on a precise description.
• 18 U.S.C. § 931: federal prohibition on the purchase, ownership, or possession of body armor by anyone convicted of a "crime of violence" felony, subject to narrow employment-related exemptions.

Possession of body armor by an ordinary law-abiding Georgian for personal defense, range use, or instruction is not regulated. There is no state purchase permit, no waiting period, and no registration.

Antique firearms

Federal law at 18 U.S.C. § 921(a)(16) defines "antique firearm" to include firearms manufactured in or before 1898, plus certain muzzleloading replicas. Antiques are exempt from most Gun Control Act provisions (no FFL requirement to sell, no Form 4473, no NICS for purchases). Georgia follows the federal classification. An antique that functions as a firearm is still subject to Georgia's carry framework under § 16-11-125.1 if carried in public.

Historical and educational context

Four legislative landmarks define modern Georgia firearm law:

State constitutional provision

The Georgia Constitution, Art. I, § I, Para. VIII, provides: "The 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." The second clause (the "manner of carry" clause) is the textual basis for state regulation of where and how arms are carried.

Case law touchstone

Hubbard v. State, 210 Ga. App. 141 (1993) is the most-cited Georgia appellate authority on vehicle carry. Hubbard is the source for the common WCL-training restatement that an ordinary person may carry a firearm in their own private passenger motor vehicle. The opinion is typically cited in handgunlaw.us's Georgia guide. For the operative statutory authority, see the Vehicle Carry section.

Kennesaw ordinance

The City of Kennesaw, Georgia has an ordinance (Sec. 34-1a) requiring every household head to maintain a firearm and ammunition. Per the Wikipedia summary, the ordinance has never been enforced and contains broad exemptions for conscientious objectors, felons, those who cannot afford a firearm, and persons with disabilities. The ordinance is a historical curiosity, not a practical compliance issue.

Cross-references

To avoid duplication, OTHER does not restate content covered in sibling sections. For:

• Permit eligibility, process, fees, renewal, training: see Permit Basics, Application Process, Fees & Costs, Renewal Process, Training Requirements.
• Where you can and cannot carry: see Prohibited Places, Vehicle Carry, Transport, Storage.
• Prohibited persons (federal prohibitor list also governs ammunition and body armor): see Restrictions.
• NFA items (suppressors, SBRs, etc.): see NFA Items.
• Self-defense: see Use of Force, Castle Doctrine.
• Out-of-state recognition: see Reciprocity.
• Constitutional carry framework and "lawful weapons carrier" definition: see Constitutional Carry.
• Q&A format for common student questions: see FAQ.
• Red-flag / ERPO: see Red Flag (Georgia has neither).

For any topic raised by a student that does not appear here or in a sibling section, the safe assumption is that Georgia does not regulate it at the state level and the federal framework controls. Confirm the latest statute against the live O.C.G.A. before relying on this guide.