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Possession of a Weapon by Convicted Felon
The possession of a weapon by a convicted felon is a serious crime in the state of Georgia. Being caught with a firearm if you have previously been convicted of a felony can result in significant legal penalties and consequences. The State of Georgia law prohibits convicted felons from owning, possessing, transporting, or controlling any firearm. If you are caught violating this law could face significant criminal charges and potentially harsh prison sentences.
It is Illegal to Own a Firearm in Georgia if You Have Been Convicted of a Felony
In accordance with Georgia § 16-11-131, you are not allowed to own or possess a firearm in the state of Georgia if you have a felony on your criminal record. If you are caught with a firearm, you will be arrested and charged with the charge of Possession of a Firearm by a Convicted Felon. It does not matter if you planned to use the firearm to go hunting, if you were gifted the firearm by someone else, or if you needed it for self-defense.
Exceptions to Gun Ownership Laws for Felons in Georgia
There are a few exceptions for legal gun ownership in Georgia. This includes if you have had the charge expunged from your record or removed. You can also own a firearm if you have had your full civil rights restored.
Under no circumstance should you make an assumption about whether you’re allowed to carry a firearm after being convicted of a felony, whether you were found guilty or not. If you have any questions about whether you can own a gun, you should consult with your criminal defense lawyer to ensure that you can legally possess and own one.
What Happens if You’re Caught in Possession of a Firearm on Probation?
If you are on probation when caught possessing a firearm, you will be found violating your probation agreement. This can cause you to go back to jail. In most cases, this is a term of five years.
For attempts to purchase or obtain a firearm as a felon or on probation, it is considered a felony in Georgia. The first offense is a prison term between one and five years. However, subsequent convictions face steeper consequences. You can expect up to 10 years in prison.
Contact a Georgia Criminal Defense Attorney
If you or a loved one has been charged with weapons charges, it can be a smart idea to secure excellent criminal defense as soon as possible. This will maximize the chance that you’ll be able to build the strongest defense. Contact Joshua J. Smith Attorney at Law by calling us at (706) 217-2095 or following out our contact form.