Felon in Possession of a Firearm in Georgia

In Georgia, if a felon is caught with a gun, then they will face serious legal consequences. This is because, under O.C.G.A. § 16-11-131, felons are prohibited from possessing firearms. Additionally, federal law also prohibits felons from possessing firearms, and violations can lead to even more severe penalties, including imprisonment for up to ten years or more.

Under federal law, a person’s criminal background can make it illegal for them to possess a gun. This is true for anyone who has been convicted of or charged with a crime in federal court that carries a possible sentence of over a year in jail, including felonies.

Further, individuals who have been convicted of or charged with a crime in state court, that is a felony or is a misdemeanor that is punishable by more than 2 years in prison can also not possess a firearm.

Even more than the federal law, the legal system in Georgia takes firearm possession by felons even more seriously in order to enhance public safety. When a felon is caught with a gun in Georgia, the immediate consequences typically involve their arrest and detention. Law enforcement officers will immediately take the individual into custody, and they will be charged with a felony offense for violating O.C.G.A. § 16-11-131.

Following their arrest, the felon will then likely face a court hearing where the charges will be formally presented against them, and their bail may be set. The court will then proceed with the legal process, which includes arraignment, pre-trial motions, and potentially a trial if the criminal case is not resolved through a plea deal.

What Is the Minimum Sentence for Felon in Possession of a Firearm?

The minimum sentence for a felon in possession of a firearm in Georgia is one year of imprisonment. That criminal sentence is the baseline criminal penalty that is outlined under O.C.G.A. § 16-11-131. However, that sentence can extend up to ten years, depending on various factors like the nature of the prior felony convictions and the specific circumstances of the case.

There are several factors that can lead to an extended sentence for a felon caught in possession of a firearm in Georgia including:

• Prior Criminal History: A longer criminal record, especially with violent or drug-related offenses, can result in a more harsh sentence
• Nature of the Prior Felony: If the previous felony was a forcible felony (e.g., robbery, assault), the legal penalties for firearm possession will be more severe
• Concurrent Crimes: Possession of a firearm alongside other criminal activities, such as drug trafficking or violent crimes, can also lead to increased penalties
• Type of Firearm: Possession of particularly dangerous weapons, like machine guns, can also result in closer-to-maximum penalties
• Federal Charges: Violations of federal law can also lead to additional charges and more severe penalties, including longer imprisonment

As far as the minimum sentence under federal law, the minimum federal criminal sentence for a felon in possession of a firearm is 15 years (180 months) of imprisonment without parole. This applies if the felon has three or more prior convictions for a felony crime of violence or drug trafficking felony.

Specifically, the federal law concerning the minimum criminal sentence for a felon in possession of a firearm is outlined in the Armed Career Criminal Act (“ACCA”), which is codified under 18 U.S.C. § 924(e).

Can a Felon Be Around a Person With a Gun?

Once again, in Georgia, a felon cannot legally possess a firearm. However, the law doesn’t specifically address being around someone who has a gun. It is important to note that proximity to a firearm could potentially raise suspicion and lead to legal complications for the felon.

This is especially true if there is any indication that the felon might be involved in illegal activities or attempting to gain access to the firearm. As such, it is always best for felons to avoid situations involving firearms in order to prevent any legal issues.

What Weapons Can a Felon Own To Protect Themselves?

In Georgia, felons are generally prohibited from owning or possessing firearms under both federal and state law. This includes black powder guns and antique firearms. However, felons can still legally possess certain non-lethal weapons for the purpose of self-defense, including:

• Pepper Spray: Pepper sprays are a common self-defense tool that can incapacitate an attacker temporarily and felons are allowed to possess them
• Stun Guns and Tasers: These devices can deliver an electric shock to deter an attacker
• Knives: Although some restrictions apply, felons can generally carry certain types of knives for self-defense.

It is important for felons to be aware of and comply with any local laws and regulations regarding the possession of any non-lethal weapons for the purpose of self-defense.

Can a Felon’s Gun Rights Be Restored?

In short, yes, a felon’s gun rights can be restored in Georgia. However, doing so requires a specific legal process. The Georgia Board of Pardons and Paroles is the state agency that handles the restoration of gun rights for felons.

The key steps and requirements for a felon to get their gun rights restored are:

• Completion of Sentence: The felon must have completed all of their criminal sentences, including any probation or parole, at least five years prior to applying
• Law-Abiding Life: The felon must have lived a law-abiding life during the five years prior to applying for their gun rights to be restored
• No Pending Charges: There should be no pending criminal charges against the felon
• Payment of Fines: All fines associated with the felony conviction must have been paid in full
• Application Submission: The felon must also submit an application to the Georgia Board of Pardons and Paroles
  • If their application is approved, the applicant’s gun rights can be restored.

It is important to note that the above process is not the same as the Georgia expungement process. This means that restoring gun rights does not expunge the felony conviction, but simply restores the right to possess firearms.

Overall, Georgia allows a felon to restore their gun possession rights as long as the applicant is not deemed dangerous to public safety. A local Georgia attorney will be able to answer questions you may have regarding restoring gun rights or possessing certain items.

Do I Need a Lawyer if I Am Charged With Felon in Possession of a Firearm?

If you have been charged with possession of a firearm or would like to seek felony expungement or have your gun rights restored in Georgia, it is recommended to consult with a Georgia criminal lawyer. LegalMatch can help you consult with an attorney near you.

A criminal attorney will be able to help you understand Michigan’s specific laws on possessing a firearm as a felon, and be able to represent you throughout the criminal process. This means that they will be able to ensure that your legal rights are protected, and assist you in getting the charges brought against you settled in the best possible outcome. Finally, they can represent you at any in-person court proceeding.