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Georgia Supreme Court says you must be 21 to carry handguns in public

Mark Niesse, The Atlanta Journal-Constitution on

Published in News & Features

ATLANTA — The Georgia Supreme Court unanimously upheld a state law Wednesday that prohibits people under 21 years old from possessing or carrying handguns in public.

The court’s ruling rejected an appeal by 20-year-old Thomas Stephens that sought to overturn the law after a probate court denied his application for a weapons carry license.

Georgia law restricts people under 21 from publicly carrying a handgun, except for members of the military. Georgians who are at least 18 years old are still allowed to possess and carry handguns on their own property, in their car and in their place of business. They also can use them for hunting, fishing or sport shooting with a license.

The decision by the state’s highest court relied on the Georgia Constitution, which guarantees a right to bear arms but allows the General Assembly to pass laws limiting how those weapons may be carried.

The Georgia Supreme Court rejected the idea that the state should rely on the U.S. Supreme Court’s recent standard to consider “history and tradition” when assessing Second Amendment rights.

“These are not viable substitutes for a serious and considered attempt at determining the original public meaning of Georgia’s constitutional text — particularly text that is notably different from the Second Amendment, which has no similar clause that expressly grants to the legislature the power to regulate the manner of bearing firearms,” according to the decision written by Justice Andrew Pinson.

 

Stephens’ attorney, John Monroe, said the Georgia Supreme Court’s decision is the “ultimate authority” that settles the case.

“We were looking at over 100 years of precedent we were trying to overturn, and obviously that’s an uphill battle,” Monroe said. “I’m obviously disappointed in the result, but I respect the court and its members. It is what it is.”

The Supreme Court’s ruling upheld a lower court decision to dismiss Thomas’ lawsuit.

Stephens challenged Georgia’s age requirement to carry a handgun after Gov. Brian Kemp signed a 2022 law that allows a “lawful weapons carrier” to carry concealed handguns without first getting a license from the state. The 2022 law didn’t alter Georgia’s age limits.

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©2025 The Atlanta Journal-Constitution. Visit at ajc.com. Distributed by Tribune Content Agency, LLC.

 

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