Georgia Gun Laws: Charges and Penalties

Whether you’re interested in purchasing a firearm or you simply live in the area, understanding Georgia gun laws is important for your safety and well-being. Georgia gun laws can be complicated to understand, especially if you’re facing complicated weapons charges. A Georgia criminal defense attorney can give you more detailed information after learning about your situation, but in the meantime, a better understanding of Georgia gun laws is never a bad idea.

Georgia Gun Laws at a Glance

Georgia is known for having some of the weakest gun laws in the country. Due to this, the state has a higher gun violence rate than the national average, coming in at about 18.6 deaths per 100k residents. As of 2022, Georgia had the eighth-highest gun homicide rate in the country.

Weapons charges in Georgia can be classified as either a misdemeanor or a felony, depending on the type of crime and the severity of the incidents. The most common crime categories reported in Georgia that involve a firearm include firearms under investigation, dangerous drug incidents, found firearms, possession of weapons, aggravated assaults, property crimes, and homicides.

Out of 50 key policies outlined for guns in all 50 states, Georgia implements four of them. Those four policies are:

• Felony prohibitory: This policy bans any person with a felony conviction from owning or possessing a gun. If you have a felony conviction in Georgia, you cannot own or carry a firearm. It’s possible to seek a pardon from the Georgia Crime Information Center (GCIC) or a presidential pardon if you have a federal felony conviction.
• Mental health record reporting: Officials can either be required or allowed to report prohibiting records related to a person’s mental health into the background check system. For example, you’re not allowed to purchase a firearm in Georgia if you’ve been admitted to a mental hospital against your will. The law would make it so that you must disclose this information.
• No law enforcement officers’ bill of rights: It’s important to hold police departments accountable for their officers’ misconduct, such as excessive force, racial profiling, and more. By not enforcing a bill of rights for law enforcement officers, Georgia is not impeding those efforts.
• Violence intervention program funding: In Georgia, a portion of the state budget is allocated to programs for community violence intervention. These programs support members of the community who are at risk of gunshot victimization and aim to reduce gunshot injuries and deaths throughout the state.

Applying for a Weapons Carry License in Georgia

You need a Weapons Carry License (WCL) to have it out in the community on or near you. Adults over the age of 21 (or 18 if they are on active duty in the military) can apply for a Weapons Carry License (WCL) in Georgia. In order to get a WCL in Richmond Hills, you also must:

• Be a legal U.S. citizen and Georgia resident
• Not have any felony convictions, drug convictions, or other disqualifying convictions or pending criminal proceedings
• Not have been in a mental hospital or a substance abuse treatment center within the last five years
• Not have ever been committed to a mental hospital against your will

You can apply for your WCL through your local county probate court and can expect to be accepted within about 30 days, barring any red flags on your background and criminal history check. Your WCL is valid for five years, so be sure to stay on top of deadlines when it comes to renewing it.

Final Important Notes About Gun Laws in Georgia

Although Georgia gun laws are considered to be weak, they are nevertheless nuanced and complex. Here are some essential aspects to understand about them.

• The First Offender Act allows first-time offenders to enter a guilty or no-contest plea without getting a formal conviction on their criminal record. This can be another avenue to potentially restoring your gun rights after getting a weapons charge.
• You can petition for retroactive first offender status if you were not originally sentenced under the First Offender Act.
• You don’t need a permit to purchase a gun in Georgia. However, you do need a Weapons Carry License (WCL) to carry it on or near your person while out in public.
• Weapons are prohibited in active polling locations, courthouses, churches, government buildings, hospitals, jails, mental health facilities, nuclear power facilities, places of worship, prisons, schools, and certain areas of commercial airports.

FAQs

Q: Can a Convicted Felon Ever Own a Gun Again in Georgia?

A: Weapons charges can impact your eligibility to own and possess a gun in Georgia, but you have a couple of avenues to potentially restore your gun ownership rights. This can either be done by expunging a charge from your record or by getting a pardon from the Georgia State Board of Pardons and Paroles. However, if you’ve been charged with a federal felony, you must apply for a presidential pardon instead.

Q: Can a Felon Ride in the Vehicle With Someone Who Has a Gun in Georgia?

A: It is legal for a convicted felon to ride in a vehicle with another person who has a gun as long as the gun stays in that person’s control. It’s pertinent that the felon does not have access to or control of the weapon. This is considered constructive possession and is illegal.

Q: What Is Georgia’s Shoot First Law?

A: Georgia’s “shoot first” law is more commonly known as the Stand Your Ground law. It states that people are allowed to use deadly force as a form of self-defense without a duty to retreat. This means that they are not legally obligated to back down from the threat. Under this law, a person can defend themselves, their home, other people, and other property.

Q: Can You Own a Gun if You Have a Misdemeanor in Georgia?

A: Misdemeanors involving any form of domestic violence can disqualify you from possessing or owning a firearm in Georgia. You may be able to restore your rights through a pardon from the Georgia State Board of Pardons and Paroles or by filing a petition to have the charge expunged from your record.

Connect With a Georgia Weapons Charge Lawyer to Learn More About Your Options

At the offices of Jarrett Maillet J.D., P.C., we have experience handling all types of weapons cases, including charges for the use, possession, and manufacturing of weapons. If you need legal assistance for a gun-related issue in Georgia, reach out to set up an appointment with our team today.