Possession of a Firearm by a Person Under 18 years of age

If you are under 18 years of age, is it a crime to possess a handgun in Georgia?

Yes. For a first conviction for possession of a handgun by a person under 18 years of age is a misdemeanor (up to one year in jail). However, there are many legal defenses to possession of a handgun by a person under the age of 18. 

What is the law for possession of a handgun under the age of 18?

The law is found in OCGA § 16-11-132.

It says:

1. For the purposes of this Code section, a handgun is considered loaded if there is a cartridge in the chamber or cylinder of the handgun.
2. Notwithstanding any other provisions of this part and except as otherwise provided in this Code section, it shall be unlawful for any person under the age of 18 years to possess or have under such person's control a handgun. A person convicted of a first violation of this subsection shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $1,000.00 or by imprisonment for not more than 12 months, or both. A person convicted of a second or subsequent violation of this subsection shall be guilty of a felony and shall be punished by a fine of $5,000.00 or by imprisonment for a period of three years, or both.

What are the legal defenses to possession of a handgun under the age of 18?

Those are found in OCGA § 16-11-132(c). That portion of the law says, "the provisions...of this Code section shall not apply to:

1. 1. Any person under the age of 18 years who is:
      1. Attending a hunter education course or a firearms safety course;
      2. Engaging in practice in the use of a firearm or target shooting at an established range authorized by the governing body of the jurisdiction where such range is located;
      3. Engaging in an organized competition involving the use of a firearm or participating in or practicing for a performance by an organized group under 26 U.S.C. Section 501(c)(3) which uses firearms as a part of such performance;
      4. Hunting or fishing pursuant to a valid license if such person has in his or her possession such a valid hunting or fishing license if required; is engaged in legal hunting or fishing; has permission of the owner of the land on which the activities are being conducted; and the handgun, whenever loaded, is carried only in an open and fully exposed manner; or
      5. Traveling to or from any activity described in subparagraphs (A) through (D) of this paragraph if the handgun in such person's possession is not loaded;
   2. Any person under the age of 18 years who is on real property under the control of such person's parent, legal guardian, or grandparent and who has the permission of such person's parent or legal guardian to possess a handgun; or
   3. Any person under the age of 18 years who is at such person's residence and who, with the permission of such person's parent or legal guardian, possesses a handgun for the purpose of exercising the rights authorized in Code Section 16-3-21 or 16-3-23.

So, you cannot be prosecuted for possession of a handgun by a person under the age of 18 if you possess the handgun while: (1) attending a hunter safety course; (2) shooting at a gun range; (3) participating in a firearms competition; (4) hunting or fishing (with a valid hunting or fishing license in hand); or (5) traveling to or from any of these activities.