Lawsuit challenges Georgia's age requirement to carry handguns in public

Maya T. Prabhu, The Atlanta Journal-Constitution on Apr 15, 2025

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ATLANTA — Attorneys for a 20-year-old Lumpkin County man argued before the Georgia Supreme Court on Tuesday that the state’s requirement that those seeking to possess and carry handguns in public must be at least 21 years old violates his constitutional rights.

A lower-court ruling last October that held the state has the authority to age-restrict the carrying of handguns, prompted Thomas Stephens to appeal his case to the state’s highest court. Georgia law restricts people under 21 from carrying a handgun, except for members of the military.

Stephens’ attorney John Monroe argued that the state law set was arbitrary and infringes on his client’s right.

“When you look at the nature of the training that a young person in the military gets, which is … geared towards rifles and using other small arms, like hand grenades, that’s not really very well suited or significant when it comes to carrying handguns in public,” Monroe said. “As opposed to training that people might get outside of the military that’s geared exactly towards carrying handguns in public.”

In 2023, the Lumpkin County Probate Court denied Stephens’ application for a weapons carry license. He was 18 at the time.

State law defines a “lawful weapons carrier” as someone who is at least 21 years old and doesn’t fall into a number of categories, such as having prior felony convictions or mental health issues.

Arguing the state’s case, Assistant Attorney General Zachary Mullinax said it is reasonable for the Legislature to believe younger people are less likely to be responsible when carrying handguns in public. There are also several instances in which those 18 and over can carry handguns, including at home, in their cars or while hunting, fishing or sport shooting, he said.

Plus, Mullinax said, a recent U.S. Supreme Court case determined that it did not violate the Second Amendment for Florida to prohibit most residents under 21 from buying any firearm.

“Stephens would have to show that somehow the Georgia General Assembly has less authority under (the state constitution) than it does under the Second Amendment,” Mullinax said. “I think that the reason that there are not more (challenges to the state constitution) is just the fact that Georgia doesn’t have very many gun laws.”

Stephens’ challenge of the state’s age requirement to carry a handgun came less than a year after Gov. Brian Kemp signed a law that allows a “lawful weapons carrier” to carry handguns without first getting a license from the state.

The Georgia Supreme Court is expected to issue a ruling by the end of the year.

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