Atlanta Concealed Carry Violation & Gun Crimes Defense

The Second Amendment protects the right of all US citizens to keep and bear arms. Everyone who owns a gun must still comply with applicable state law. Georgia has many rules and restrictions on the sale, transportation, and use of firearms. Violating those rules can carry serious consequences.

To carry a handgun outside your own home, you may apply for a Georgia Weapons Carry License (WCL) at your local courthouse. If your WCL request was denied or pulled in error, our Atlanta gun lawyers can help you appeal the probate court ruling and protect your legal right to defend yourself. En Español.

Seeking Legal Counsel

Atlanta gun lawyers handle many matters tied to lawful firearm ownership. They can assist in difficult situations. That includes criminal charges involving the discharge of a weapon.

Georgia is a shall issue state. Any individual who meets the legal requirements should receive a WCL upon application. Even so, an attorney who understands gun ownership laws can help you obtain a license. There are many ways to become disqualified from carrying a firearm in Georgia. A simple misunderstanding of gun law can lead to a criminal charge.

A firearm in any encounter with law enforcement can raise the stakes fast, even one you own lawfully. If you face charges tied to purchasing or carrying a gun in Atlanta, you need an attorney who understands this specific area of law. An experienced gun attorney will work to protect your Second Amendment rights.

Georgia Gun Laws

Georgia gun law sits in Title 16, Chapter 11, Article 4 of the Georgia Code. That part of the Code covers lawful firearm ownership and carrying. It also covers many criminal charges involving firearms.

In Georgia, you may own and keep a firearm in your home or place of business. Carrying a handgun beyond your own property is where the rules tighten. A Georgia Weapons Carry License lets you carry a concealed weapon on your person in public.

Failure to present a valid hunting license or carry license while carrying a gun in Georgia can carry criminal consequences. That is typically a misdemeanor offense. Deliberately altering a valid weapons license is a felony, punishable by imprisonment for one to five years.

To obtain a WCL, you apply to the probate court in the county where you reside. Georgia is a shall issue state. Georgia residents who are not legally disqualified from carrying a concealed weapon shall be issued a WCL upon completing an application.

What Is a Concealed Carry Violation in Georgia?

A concealed carry violation occurs when a person carries a concealed handgun in a way Georgia law prohibits. That can mean carrying without a valid WCL. It can mean carrying in a location where firearms are banned. Or it can mean carrying while legally disqualified from possessing a weapon.

Under Georgia's carrying a weapon statute, no person may carry a weapon unless he or she is a "lawful weapons carrier." The statute still lets you keep a weapon on your own property, in your home, in your car, or at your place of business. Georgia's constitutional carry law now treats anyone who is eligible for a Georgia carry license as a lawful weapons carrier. Before that law took effect, you had to hold the license itself.

Constitutional carry does not cover everyone. Convicted felons, individuals under felony indictment, minors, individuals subject to a protective order, and others prohibited from possessing firearms can still be charged. For them, a concealed carry violation remains a serious criminal offense.

Lawful weapons carriers can commit a concealed carry violation too. Bringing a firearm into an off-limits location is against the law. Georgia law names the locations where weapons are prohibited regardless of license status. Carrying in one of those locations can bring misdemeanor or felony charges, depending on the circumstances.

Concealed Carry Disqualifiers

An application for a WCL will be denied if any of the following apply to you:

• Under 21 years of age, unless you are at least 18 and can show you finished basic training and now serve, or served with honor, in the US armed forces
• Convicted of a felony, or facing a pending felony charge
• A WCL revoked within the last three years
• A conviction for a drug offense that is a misdemeanor, without five years free of restraint or supervision since
• A conviction for carrying a weapon in an unauthorized place, without five years free of restraint or supervision since
• Adjudged mentally incompetent, or an inpatient at a mental hospital or a drug or alcohol treatment center within the last five years
• Barred from having a gun under federal law, which covers a dishonorable discharge from the US armed forces
• A fugitive from justice in any state
• Barred from having a gun by federal law because of a protective order
• An unlawful user of, or addicted to, any controlled substance under federal law

Under Georgia's Weapons Carry License statute, the probate court judge must investigate each applicant's background before issuing or denying a WCL. The judge reviews criminal history records. The judge may deny the application based on any disqualifying condition listed above.

If your WCL application is denied, you have the right to appeal. You file that appeal with the same probate court. An attorney familiar with WCL eligibility disputes can review the stated reason. The attorney can gather supporting documents and present your case at a hearing.

A concealed carry charge often triggers a close review of a person's background. Even with no prior denial, an arrest for carrying without a license may reveal a disqualifying condition. An older controlled substance conviction could block a future WCL application.

Off-Limits Areas Where Concealed Carry Is Illegal

Lawful weapons carriers must still follow Georgia's restrictions on where a firearm may go. A concealed carry violation in a prohibited location can bring criminal charges and revocation of your WCL.

Under Georgia's unauthorized locations statute, carrying a weapon or long gun in these places is a misdemeanor:

• Government buildings – Carrying in a government building while not a lawful weapons carrier is a misdemeanor.
• Courthouses – Weapons are banned in any building used by the courts that holds courtrooms.
• Jails and prisons – No guns are allowed on jail or prison grounds.
• Places of worship – Carrying is banned unless the governing body allows lawful weapons carriers to do so.
• State mental health facilities – Places that take people on an involuntary basis for mental illness or addiction care are off limits.
• Nuclear power facilities – Carrying on the grounds of a nuclear power plant falls under its own penalty section.
• Polling places – Carrying within 150 feet of a polling place during an election is banned.

School Safety Zones

Georgia treats school grounds as a class of their own. Under Georgia's school safety zone law, it is a crime to carry a weapon in a school safety zone, at a school function, or on a school bus. A lawful weapons carrier who breaks that rule commits a misdemeanor. A person who is not a lawful weapons carrier faces a felony, with two to ten years in prison, a fine of up to $10,000, or both.

Additional Restricted Locations

Federal rules add one more layer on top of state law. Carrying a firearm into the secure part of an airport can bring a federal charge. Federal buildings, which include post offices and federal courthouses, also ban guns no matter what state permit you hold.

Private property owners in Georgia may post signs that ban guns on their land. Ignoring a posted sign may not always be a crime by itself. It can still lead to a trespass charge if you refuse to leave when asked.

Why You Need a Concealed Weapon Defense Attorney

A concealed weapon defense attorney handles every stage of a weapons case. That runs from the initial arrest through trial or resolution. If you face a concealed carry charge in Atlanta, an Atlanta concealed carry violation lawyer who understands Georgia firearms law can make a meaningful difference in the outcome.

The defense process typically begins with a thorough review of the arrest report. Body camera footage and witness statements receive the same review. Many weapons cases turn on how the firearm was discovered. If officers lacked probable cause for the stop, or the search exceeded its lawful scope, your attorney may move to suppress the firearm as evidence.

In Fulton County State Court and Atlanta Municipal Court, weapons cases move through set dockets. An attorney familiar with these courts understands the local procedures. The attorney knows the prosecutors who handle weapons offenses. The attorney knows what options may be available. Depending on the circumstances, a defense attorney may negotiate for reduced charges, pretrial diversion, or a dismissal.

WCL eligibility disputes require a different approach. When a WCL is denied or revoked because of criminal charges, an attorney can challenge the denial through the probate court appeals process. Protecting your right to carry often means handling the criminal case and the licensing issue at the same time.

Consulting a licensed Georgia criminal defense attorney promptly helps preserve your legal options after a weapons charge.

Penalties for a Concealed Carry Charge in Atlanta

The penalties for a concealed carry charge in Georgia depend on the specific offense. Your criminal history and the location of the violation matter too.

Carrying a Weapon Without a License

Under Georgia's carrying a weapon statute, a first offense of unlawful carrying of a weapon is a misdemeanor. A misdemeanor in Georgia can bring up to 12 months in jail and a fine of up to $1,000.

A second offense within five years is a felony, and so is any later offense. The five years run from the date of the earlier arrest to the date of the new one. A felony here carries two to five years in prison.

Carrying in an Unauthorized Location

Carrying a weapon in a prohibited location under Georgia law is generally a misdemeanor. Such locations include courthouses, government buildings, and polling places. Carrying in a school safety zone is treated far more harshly, as set out above.

Federal Charges

Federal weapons charges apply when firearms cross state lines. They also apply when a prohibited person possesses a weapon. A firearm taken into a federally restricted area such as an airport can trigger federal charges. Federal prohibited persons, which includes convicted felons and individuals under felony indictment, face prosecution in federal court. Federal law carries its own sentencing guidelines.

Collateral Consequences

Beyond jail time and fines, a weapons conviction can follow you for years. A felony conviction ends your Second Amendment rights and permanently revokes your WCL. Employment prospects may suffer, since many employers conduct background checks. For non-citizens, a weapons conviction could trigger immigration consequences, including deportation proceedings. Even a misdemeanor weapons conviction may affect professional licensing and housing applications.

Defenses to Concealed Carry and Weapon Charges

Several legal defenses may apply in an Atlanta weapons case, depending on the specific circumstances.

Unlawful Search and Seizure

The Fourth Amendment protects against unreasonable searches. When officers discover a firearm during a traffic stop, a Terry frisk, or a vehicle search, the legality of that encounter matters. If the stop lacked reasonable suspicion, or the search exceeded its lawful scope, a court may suppress the firearm as evidence. Without the weapon, the prosecution's case often falls apart.

Lack of Knowledge or Constructive Possession

When a firearm turns up in a shared space, the prosecution must still prove guilt. A shared vehicle with several passengers, or a residence with several occupants, presents this issue. Simply being near a firearm does not establish guilt. The prosecution must show the accused actually possessed or controlled the weapon.

Valid License or Constitutional Carry Defense

When the accused held a valid WCL at the time of arrest, the charge may lack a legal basis. The accused may also qualify as a lawful weapons carrier under Georgia's constitutional carry provisions. Producing proof of license eligibility can lead to a dismissal.

Lawful Location Exceptions

Georgia's carrying a weapon statute lets a person keep a weapon at home, at a place of business, or in a car. When the alleged violation took place in one of those spots, the charge may not stand.

Self-Defense Justification

Under Georgia's justification statute, a person may threaten or use force when he or she reasonably believes it is needed to fend off another person's imminent use of unlawful force. That covers showing a weapon. This defense may apply when a person drew or carried a weapon in the face of a real threat.

Speak With an Atlanta Concealed Carry Defense Attorney

A concealed carry violation or weapons charge in Atlanta needs quick attention. Evidence such as body camera footage, dispatch records, and witness statements is easier to preserve when an attorney becomes involved early. Quick action also helps protect your WCL eligibility. It can open the door to suppression arguments that become harder to raise over time.

Kohn & Yager LLC offers free consultations around the clock for anyone facing a gun possession charge, concealed carry violation, or any weapons offense in Atlanta or Fulton County. Every case is different. Results depend on the specific facts involved.

Call today or use the online contact form to speak with a defense attorney about your situation. The sooner you act, the more options may be available to protect your rights and your future.

Frequently Asked Questions

What Happens if I'm Caught Carrying a Concealed Weapon Without a License in Georgia?

A person who is not a lawful weapons carrier may not carry a concealed weapon with no WCL. A first offense is a misdemeanor. It can bring up to 12 months in jail and a fine of up to $1,000. A second offense within five years, or any later offense, is a felony that carries two to five years in prison. You should consult a licensed attorney to evaluate the facts of your case.

Does Georgia's Constitutional Carry Law Protect Me From a Concealed Carry Violation Charge?

The answer turns on your legal status. Georgia's constitutional carry law lets anyone who is eligible for a Georgia carry license carry a concealed handgun with no license in hand. However, if you are a convicted felon, under felony indictment, subject to a protective order, or otherwise a prohibited person, constitutional carry does not apply to you. You may still face charges.

Can a Concealed Carry Violation Become a Felony in Georgia?

Yes. A second conviction within five years for unlawful carrying of a weapon is a felony, and so is any later conviction. It carries two to five years in prison. Carrying in a school safety zone is a felony for anyone who is not a lawful weapons carrier. Federal weapons charges, such as possession by a prohibited person, carry their own felony penalties as well.

Where Is Concealed Carry Illegal in Atlanta Even With a Valid WCL?

Even with a valid WCL, some places are off limits. You may not carry in courthouses. You may not carry in jails. You may not carry in government buildings unless you are a lawful weapons carrier. You may not carry in places of worship unless the governing body allows it. You may not carry in state mental health facilities. You may not carry in nuclear power facilities. You may not carry within 150 feet of a polling place during an election. School safety zones, secure airport areas, and federal buildings are off limits too.

How Can a Concealed Weapon Defense Attorney Get a Gun Charge Dismissed?

A dismissal may be possible when the evidence was obtained through an unlawful search. It may also be possible when the accused can prove he or she was a lawful weapons carrier. Dismissal is an option too when the prosecution cannot establish actual possession. An attorney reviews the arrest circumstances, files appropriate motions, and negotiates with prosecutors. Every case turns on its own facts, and no outcome can be guaranteed.