Amazing how little we talk about this, but today’s question: So what is the penalty for carrying a weapon without a GWCL?
The only code section you HAVE TO KNOW is OCGA 16-11-126. All others flow from there. 126 establishes the places where you can carry without a GWCL, some places where you can carry with a GWCL and the penalties for not complying with the law. Prohibited places are in 127. Licensing is 129. Exemptions for special people are in 130.
126 says: (i) Upon conviction of the offense of carrying a weapon without a valid weapons carry license, a person shall be punished as follows:
- (1) For the first offense, he or she shall be guilty of a misdemeanor; and
- (2) F
or 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.
So, carrying when you aren’t allowed to carry because you don’t have a GWCL is a misdemeanor the first time, felony the second time.
After lunch, let’s say you carry when you shouldn’t but have to use it to defend yourself, then what?