Title 16, Chapter 11, Section 132
( 16-11-132)
(a)(1) For the purposes of this Code section, the term "pistol" or
"revolver" means a firearm of any description, loaded or unloaded,
from which any shot, bullet, or other missile can be discharged
where the length of the barrel, not including any revolving,
detachable, or magazine breech, does not exceed 12 inches;
provided, however, that the term pistol or revolver shall not
include a gun which discharges shot of .46 centimeters or less in
diameter. (2) For the purposes of this Code section, a pistol or revolver is
considered loaded if: (A) There is a cartridge in the chamber or cylinder of the
pistol or revolver; (B) The person is carrying on his or her body or attached to his
or her clothing the pistol or revolver and the ammunition for
such pistol or revolver; or (C) The pistol or revolver and the ammunition for such pistol or
revolver are in such close proximity to such person that such
person could readily gain access to the pistol or revolver and
the ammunition and load the pistol or revolver. (b) 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 pistol or revolver. 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. (c) Except as otherwise provided in subsection (d) of this Code
section, the provisions of subsection (b) of this Code section shall
not apply to: (1) Any person under the age of 18 years who is: (A) Attending a hunter education course or a firearms safety
course; (B) 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; (C) 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; (D) 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 pistol or revolver,
whenever loaded, is carried only in an open and fully exposed
manner; or (E) Traveling to or from any activity described in subparagraphs
(A) through (D) of this paragraph if the pistol or revolver 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 pistol or revolver; 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 pistol or revolver for the purpose of exercising the rights authorized in Code Section 16-3-21 or 16-3-23. (d) Subsection (c) of this Code section shall not apply to any person under the age of 18 years who has been convicted of a forcible felony or forcible misdemeanor, as defined in Code Section 16-1-3, or who has been adjudicated delinquent under the provisions of Article 1 of Chapter 11 of Title 15 for an offense which would constitute a forcible felony or forcible misdemeanor, as defined in Code Section 16-1-3, if such person were an adult. |