Citation(s) from the GunPolicy.org literature library
Giffords Law Center to Prevent Gun Violence. 2021 ‘Background Check Procedures in Georgia.’ Background Checks. San Francisco, CA: Giffords Law Center to Prevent Gun Violence. 11 May
[Editor's note: The Giffords Law Center to Prevent Gun Violence regularly updates its webpages with new data as US gun regulation evolves state by state. For the most up-to-date information on US gun laws, please refer to the Giffords URL below]
Background Checks in Georgia
Federal law requires federally licensed firearms dealers (but not private sellers) to initiate a background check on the purchaser prior to sale of a firearm. Federal law provides states with the option of serving as a state "point of contact" and conducting their own background checks using state, as well as federal, records and databases, or having the checks performed by the FBI using only the federal National Instant Criminal Background Check System ("NICS") database. (Note that state files are not always included in the federal database.)
Until 2005, Georgia was a "point of contact" for the NICS, and firearms dealers had to conduct the background check required by federal law through the Georgia Bureau of Investigation. In 2005, Georgia repealed that part of the law, and now all firearm transfers by licensed dealers are processed through the FBI. Nevertheless, Georgia law provides that all transfers or purchases of firearms conducted by an importer, manufacturer or dealer licensed pursuant to federal or Georgia law are subject to NICS. Georgia law also requires the Georgia Crime Information Center to provide to NICS all necessary criminal history information and wanted person records, and information concerning persons who have been involuntarily hospitalized, in order to complete an NICS check. State administrative regulations also now recognize that federal law requires federal firearms licensees to contact NICS before transferring a firearm.
Federal law does not require dealers to conduct a background check if a firearm purchaser presents a state permit to purchase or possess firearms that meets certain conditions. As a result, concealed weapons permit holders in Georgia are exempt from the federal background check requirement. (Note, however, that people who have become prohibited from possessing firearms may continue to hold state permits to purchase or permit firearms - and pass background checks - if the state fails to remove these permits in a timely fashion.)…
Georgia does not require private sellers (sellers who are not licensed dealers) to initiate a background check when transferring a firearm…