Georgia is a supporter of the Second Amendment. However, Georgia only supports the lawful use of firearms, so if you are charged with a gun crime, Georgia prosecutors will most likely seek the maximum penalties against you. If you have been charged with a Georgia gun crime, you must acquire the assistance of a skilled Atlanta criminal defense lawyer as soon as you can. Williamson Legal has years of experience fighting gun charges, so contact us today if you need an attorney who can help.
Gun Laws in Georgia
The Georgia state constitutional provision, Article 1, Section 1 states that “The right of the people to keep and bear arms shall not be infringed, but the General Assembly shall have power to prescribe the manner in which arms may be borne.” That being said, Georgia does not require the following to possess and carry rifles and shotguns:
- Licensing of Owners
- Permit to Carry
- Permit to Purchase
- Registration of Firearms
As of April 12, 2022, Georgia no longer requires a permit to carry handguns, either openly or concealed, for lawful weapons carriers. However, handguns still do not require a permit to purchase, licensing of owners, or registration of firearms.
Limitations on Gun Laws in Georgia
There are several scenarios in which the ownership or sale of firearms is prohibited. If you are a gun owner or vendor, it is important you keep the following in mind to ensure you are obeying the law, at all times:
- Those under the age of 18 may not lawfully possess a handgun
- Felons may not possess, receive, or transport any firearm
- Short-barreled rifles, short-barreled shotguns, silencers, and machine guns are legal only if registered in compliance with federal law under the National Firearms Act (NFA)
- You may not point a firearm at another person without legal justification
- It is illegal to discharge a firearm within 50 yards of a public highway or street unless certain exceptions apply
- You may not discharge a firearm on someone else’s property without their consent
- It is unlawful to discharge a firearm while under the influence of drugs or alcohol
- Counties or municipal corporations are prohibited from regulating gun shows or the possession, ownership, transport, sale, purchase, licensing, or registration of firearms
Penalties for Gun Crimes in Georgia
Gun crime convictions in Georgia can lead to severe and long-lasting consequences. Prosecutors do not take these offenses lightly, and the courts are often unforgiving, especially when the charges involve aggravating circumstances such as prior felony convictions, the use of a firearm during the commission of another crime, or possession of prohibited weapons. Even a first-time offense can carry a sentence that disrupts your freedom, finances, and future.
Under Georgia law, the penalties for gun crimes vary widely depending on the nature of the offense, the type of weapon involved, and the accused’s criminal history. Below are examples of how seriously Georgia treats these charges:
- Possession of a Firearm by a Convicted Felon: This is a felony offense punishable by a mandatory minimum sentence of 1 year, with a maximum of 10 years imprisonment. There is no option for parole within the first year. The law assumes the individual is a threat to public safety and applies strict sentencing guidelines accordingly.
- Carrying a Weapon Without a License (prior to constitutional carry laws): If the offense occurred before the implementation of the constitutional carry law in 2022 or involves circumstances not protected by that law (such as restricted areas or unqualified carriers), it can still result in a misdemeanor or a felony, depending on the circumstances. Convictions can result in up to 12 months in jail and/or a fine up to $1,000 for a misdemeanor, and significantly more for a felony.
- Possession of a Firearm During the Commission of a Crime: This charge is in addition to the underlying offense. It carries a mandatory minimum sentence of 5 years, which must be served consecutively to any other sentence imposed. This means even if you’re eligible for probation on the primary offense, you may still face years behind bars solely for the firearm-related charge.
- Reckless Conduct Involving Firearms: Unlawful discharge or reckless behavior with a gun, especially in populated areas, may lead to misdemeanor charges. However, if someone is injured or property is damaged, prosecutors may pursue aggravated assault or criminal damage to property, both of which are felony offenses.
- Possession of Prohibited Weapons: Possessing certain restricted firearms, such as short-barreled shotguns or rifles, machine guns, or silencers, without proper federal registration under the National Firearms Act can lead to felony charges, which carry up to 10 years in prison and substantial fines.
- Gun Possession on School Property or in School Safety Zones: This offense is a felony, punishable by up to 5 years in prison. Georgia has enacted strict regulations to protect educational environments, and violations are treated with zero tolerance.
In addition to prison time, those convicted of gun crimes in Georgia may face lifelong consequences, including:
- Loss of firearm ownership rights
- Difficulty securing employment or housing
- Immigration consequences for non-citizens, including deportation
- Ineligibility for certain professional licenses
- Probation, community service, and mandatory firearm safety programs
With so much at stake, it is critical that anyone charged with a gun crime in Georgia acts quickly to secure legal representation. The earlier an experienced gun crime lawyer becomes involved, the better the chances of reducing or dismissing the charges altogether.
Contact a Gun Crime Lawyer in Cobb County, GA
Our legal team has the experience and knowledge needed to effectively combat your Georgia weapons charge. We are proficient negotiators who have a successful track record in getting gun charges reduced, and, in some cases, completely dropped! We believe that our clients are good people. Whether you are wrongly accused of a crime, or you made a simple mistake, you deserve a second chance. If convicted, you may face repercussions that will linger forever. Those arrested for a weapons offense in Georgia must contact Williamson Legal today to learn how we can help keep you out of trouble.
