Many people across the United States own a firearm, whether it is a handgun, rifle, shotgun, or another weapon. Being able to possess a weapon of this nature is a privilege and a right that can be taken away depending on the individual’s circumstances. If you have a felony conviction in Georgia, you may wonder whether it will affect your ability to own a firearm. Continue reading for more information and speak with a Cobb County criminal lawyer to discuss your situation and obtain skilled legal advice.
What is a Felony?
A felony is a serious criminal offense that is generally penalized by lengthy prison sentences, substantial fines, probation, a criminal record, the loss of certain rights, and more. In Georgia, felonies are categorized as first-degree, second-degree, or third-degree, in descending order of severity.
According to Georgia state law, a felony is “any offense punishable by imprisonment for a term of one year or more and includes conviction by a court-martial under the Uniform Code of Military Justice for an offense which would constitute a felony under the laws of the United States.”
Common examples of felony offenses in Georgia include murder, rape, kidnapping, arson, burglary, robbery, incest, aggravated assault, and more.
Can I Own a Firearm if I Have a Felony Conviction in GA?
No, if you have been convicted of a felony, you generally cannot own a firearm in Georgia. Both state and federal laws work to prohibit individuals with certain criminal records from owning guns and other weapons. This is generally designed to prioritize public safety and prevent individuals who are deemed a risk from obtaining dangerous weapons.
The Official Code of Georgia Annotated Section 16-11-131 states that it is unlawful to receive, possess, or transport a firearm for “Any person who is on probation as a felony first offender pursuant to Article 3 of Chapter 8 of Title 42, who is on probation and was sentenced for a felony under subsection (a) or (c) of Code Section 16-13-2, or who has been convicted of a felony by a court of this state or any other state; by a court of the United States including its territories, possessions, and dominions; or by a court of any foreign nation…”
If one of these individuals is caught with a firearm, they are guilty of a felony offense and can face imprisonment for 1 to 10 years, along with a variety of other consequences.
A pardon or expungement for certain felonies may restore the individual’s gun rights, but the process can be challenging. If you have questions or concerns about your legal rights regarding firearms after being convicted of a felony, reach out to a skilled attorney at Williamson Legal today.
