STONE MOUNTAIN, Ga. —
The coronavirus pandemic has presented unique challenges. One is how people can exercise their second amendment right to bear arms, while also wearing a face covering to stay safe.
On July 4, a group of armed and masked men went Stone Mountain for a demonstration. Comments on 11Alive’s Facebook page claimed that they were committing a crime by covering their faces while open carrying.
“Wearing a mask like they were while armed is a felony – they covered their identity instead of just wearing a regular mask for the pandemic,” Brian Sharak wrote.
Leyanet Alamo wrote, “It is also against the law to wear a mask while holding a gun. Look it up. It’s a felony.”
So, 11Alive’s VERIFY team did look it up to find out if wearing a mask while carry a firearm is a crime in Georgia.
Sources:
- Georgia Governor’s Office
- Georgia Department of Public Safety
- Georgia Law
What we found:
The law that covers carrying of firearms for the most part is OCGA 16-11-126. There is no mention of masks in that law. Georgia also has a law prohibiting wearing masks under certain circumstances, but it does not mention firearms. Furthermore, Gov. Brian Kemp also suspended the enforcement of the mask law during the pandemic.
A spokesperson from Kemp’s office said in a statement to 11Alive, “there is no criminal offense in state law for wearing a mask and carrying a firearm together..."
The Georgia Department of Public Safety said if someone commits a crime and wears a mask to hide their identity, that could be illegal.
“Right now, we are in a public health crisis, so masks are allowed. If someone committed a crime while using a mask to conceal their identity, we’d have to look at it differently. Law enforcement would have to articulate why they believed the mask was being worn/used. The violator or suspect in any such crime would have to articulate the reason for the mask. Considering the public health crisis, there are different angles.”
Findings:
We can VERIFY, nowhere in Georgia law does it say people cannot wear a mask or cover their face while holding a gun.
If you have something you want us to VERIFY, send an email to verify@11Alive.com.