Georgia Firearms Charges Defense Attorney

Georgia Firearms Charges: What You're Facing

Georgia prosecutes firearms offenses under its criminal code. Charges range from misdemeanors to serious felonies. Many carry mandatory minimum prison sentences. Knowing what each charge requires is the first step in building a defense. If you are searching for a firearms attorney near me in Georgia, start with the charge itself.

This page is a statewide overview of the weapons charges themselves – not a local court guide. Georgia's 2022 constitutional carry law (SB 319) changed who may carry a handgun without a license. It did not end charges for people the law bars from having a gun. It did not end charges for people who carry in restricted places. And it did not end charges for firing a gun unlawfully.

Below we walk through the charges Georgia prosecutors bring most often. We explain how each one is graded and how the available defenses differ from charge to charge. If you face a firearms charge in Georgia, these distinctions shape your exposure and your options.

Carrying a Firearm Without a License in Georgia

After SB 319, Georgia no longer requires a weapons carry license from people who qualify as lawful weapons carriers. Under Georgia law, any person not prohibited by law from possessing a handgun or long gun may carry a long gun on his or her person. They may carry a handgun on their own property, home, motor vehicle, or place of business. Elsewhere in public, only a lawful weapons carrier may carry a handgun.

But the law still limits who counts as a lawful weapons carrier. People with disqualifying felony convictions may still face charges. So may some people under 21. So may non-residents who could not qualify for a Georgia license. Carrying in prohibited locations remains unlawful. Those locations include courthouses, jails, screened government buildings, and places of worship without permission.

A first offense for unlawful carrying of a weapon is a misdemeanor. A second offense within five years is a felony. It carries two to five years in prison. Prosecutors often stack this count alongside other weapons counts. That tends to happen when a carry violation surfaces during a traffic stop or a wider investigation. A Georgia criminal defense lawyer will look first at whether the carry count can stand on its own.

The defense often turns on one question. Did the person meet the statutory definition of a lawful weapons carrier at the time of the stop? Constitutional carry expanded that definition, but it did not erase it.

Possession of a Firearm by a Convicted Felon

This is one of the firearms felonies Georgia charges most often. Under Georgia law, any person convicted of a felony who receives, possesses, or transports a firearm commits a felony. The law also covers people on probation as felony first offenders and people sentenced under certain drug rules.

The penalties are severe. A first conviction carries one to ten years in prison. A second or subsequent conviction brings a mandatory minimum of five years, with a maximum of ten. If the prior felony was a forcible felony, the sentence is five years on a first firearm conviction.

Forcible felonies include murder, robbery, armed robbery, burglary, kidnapping, rape, and several other violent offenses the statute defines.

Each firearm connected to a violation is a separate offense. Multiple guns multiply the exposure.

"Possession" does not mean the gun was in your hand. Prosecutors often argue constructive possession. A firearm may turn up in a shared vehicle, a common living space, or a bedroom more than one person can reach. The state must prove you knew about the firearm and could exercise control over it.

A complete defense exists for a person who holds a pardon that authorizes them to receive, possess, or transport a firearm. Relief from federal firearms disabilities through the U.S. Department of the Treasury can also provide a pathway. That route requires Board of Public Safety approval. Persons discharged without adjudication of guilt under Georgia's first offender statute are also relieved of the disabilities this Code section imposes.

Possession of a Firearm During the Commission of a Felony

Georgia law creates a felony when a person has a firearm during the commission of certain felonies. The qualifying crimes include offenses against a person. They also include unlawful entry into a building or a vehicle. Theft from a building or of a vehicle qualifies. So do drug possession, manufacturing, distribution, or trafficking offenses.

The sentence is five years for a first offense. It runs consecutively to any sentence on the underlying felony. A second or subsequent conviction carries ten consecutive years. The court cannot suspend or probate a second or subsequent sentence. The punishment cannot be reduced to a misdemeanor.

This charge is designed to stack. Someone convicted of aggravated assault and also under this section serves both sentences consecutively. That consecutive structure can double total prison exposure.

Two phrases drive most of these cases: "during the commission of" and "on or within arm's reach." The gun must be on the person or within arm's reach during the felony.

If the gun was in a trunk or a locked safe, the arm's reach element may fail. The same is true if the firearm sat in a location beyond immediate physical access. And if the underlying felony charge is defeated at trial or on appeal, the firearm count loses its statutory foundation.

Carrying a Firearm in a School Safety Zone

Under Georgia law, carrying or possessing a weapon in a school safety zone is a serious offense. School safety zones include school buildings and grounds, including colleges and universities. The offense also covers school functions and school buses.

A person who is not a lawful weapons carrier and violates this section faces a felony conviction. The penalty is a fine of up to ten thousand dollars, imprisonment for two to ten years, or both. If the weapon is a dangerous weapon or machine gun, the range increases to five to ten years. A lawful weapons carrier who violates the subsection faces a misdemeanor charge.

The statute contains important exceptions. Lawful weapons carriers may carry or pick up students within a school safety zone. A weapon kept under a lawful weapons carrier's control in a motor vehicle fits an exception. It may instead be locked in a compartment or a container in that vehicle. An adult over 21 must be using the vehicle to bring or pick up a student. Police, certain government employees, and people with written permission from school officials are also exempt.

Many defenses turn on whether the person fit one of those exceptions. The added effects can be severe even beyond prison time. A school zone conviction can affect teaching certifications, professional licenses, and immigration status.

Discharging a Firearm: Public Places, Near Highways, and on Property

Georgia's criminal code contains several discharge-of-firearm statutes. Each one applies in a different setting.

Under Georgia law, it is unlawful to discharge a firearm on or within fifty yards of a public highway without legal justification. Exceptions cover sport shooting ranges, firearm safety courses, and licensed dealer locations. A violation is a misdemeanor.

Georgia law prohibits firing a firearm on another person's property without the owner's or lessee's permission. Self-defense and law enforcement are excepted. This is also a misdemeanor.

Georgia law prohibits discharging a firearm while under the influence of alcohol or drugs. A person violates this section when impaired to the extent that discharging a firearm is unsafe. The violation also occurs when blood alcohol concentration is 0.08 grams or more at the time of discharge or within three hours after discharge. It also occurs when marijuana or a controlled substance is present in the person's blood or urine. A conviction is a misdemeanor of a high and aggravated nature.

These charges often arrive alongside an aggravated assault count. Prosecutors may claim the discharge endangered someone.

How Defenses Differ by Firearms Charge

Firearms defenses are charge-specific. A strategy that works on a felon in possession count may do nothing in a school zone case. The distinctions matter.

Felon in possession: The defense may attack the validity of the predicate felony conviction. If that case was discharged under first offender treatment, the disability may no longer apply. Constructive possession disputes are common when a firearm turns up in a shared vehicle or residence. The state must prove the person knew about the firearm and could control it. A pardon that expressly authorizes firearm possession is a complete defense.

Firearm during a felony: If the underlying felony falls, the firearm count falls with it. Even when the underlying charge holds, the arm's-reach element is litigable. Distance from the weapon, locked containers, and accessibility all matter.

School safety zone: The statutory exceptions are numerous and specific. Was the person a lawful weapons carrier? Was the weapon locked in a vehicle compartment? Was there written permission from the school? Each is a question of fact that can beat the charge.

Carry without a license: The central question is whether the person qualified as a lawful weapons carrier at the time. Since SB 319, that definition is broader. Some charges built on older assumptions may not hold.

Discharge offenses: The defense may dispute who actually fired. It may argue the facts do not meet the specific conduct the statute describes. The fifty-yard boundary in highway discharge cases is one example.

Across every firearms charge, Fourth Amendment suppression is a cross-cutting defense. Under Georgia law, a defendant may move to suppress evidence obtained through an unlawful search or seizure. The state bears the burden of proving the search was lawful. If the firearm was found during a questionable traffic stop or a warrantless vehicle search, suppression can remove the state's primary evidence. The same can be true if the firearm was found during an illegal entry into a home.

Local Georgia Firearms Defense: Finding Representation Near You

Most people start by looking for a firearm lawyer near me who already knows the county. Georgia firearms felonies are prosecuted in the superior court of the county where the offense occurred. Each county's prosecutors and judges handle these cases in their own way. Bond terms, plea posture, and motion practice all vary. Local counsel who knows the county's tendencies matters.

If your case is in metro Atlanta, our Atlanta gun crime lawyers page covers Fulton County court procedures and local defense strategies in detail.

We also serve clients facing firearms charges across the state. For local help, see our county gun offense pages for Cobb County, DeKalb County, and Gwinnett County.

Connecting with a lawyer who practices in your county is an important first step.

Speak With a Georgia Firearms Defense Attorney

Georgia firearms charges reach well past the courtroom. Mandatory minimum sentences, back to back prison terms, the loss of future gun rights, and harm to your job and housing are all at stake. Under Georgia's recidivist sentencing provisions, a felony firearms conviction can draw the maximum sentence with no parole eligibility.

Early defense work matters. Video, witness statements, and lab evidence can disappear. Motions to suppress carry deadlines. The sooner a defense lawyer reads the facts of your case, the more options may be open. The county where the charges were filed also shapes strategy.

Kohn & Yager LLC defends clients facing firearms charges across Georgia. We handle felon in possession and firearm during a felony counts. We handle school zone cases, discharge charges, and carry license issues. Every case turns on its own facts. Past results do not guarantee a similar outcome.

Contact us to request a free, confidential consultation about your charge and your county.

Frequently Asked Questions About Georgia Firearms Charges

Is It Still Illegal to Carry a Firearm Without a License in Georgia After Constitutional Carry?

Yes, in certain circumstances. Georgia's 2022 constitutional carry law (SB 319) eliminated the license requirement for lawful weapons carriers. But people the law prohibits from possessing firearms still cannot carry legally. Convicted felons are in that category. Under Georgia law, a first offense for unlawful carrying is a misdemeanor. A second offense within five years is a felony that carries two to five years in prison.

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

Under Georgia law, a first conviction for felon in possession carries one to ten years in prison. A second or subsequent conviction carries a mandatory minimum of five years and a maximum of ten. If the predicate felony was a forcible felony, the sentence is five years even on a first firearm conviction. Each firearm involved is a separate offense.

Can the Firearm-During-a-Felony Charge Run Consecutive to My Underlying Case?

Yes. Under Georgia law, the five-year sentence for a first offense runs consecutively to any other sentence. A second or subsequent conviction carries ten consecutive years. The court cannot suspend or probate that sentence. It adds years on top of whatever the underlying felony carries.

What Counts as a "School Safety Zone" Under Georgia Firearms Law?

Under Georgia law, a school safety zone includes school buildings and grounds, including colleges and universities. The law also covers school functions and school buses. It applies whether or not school is in session. It applies whether or not the property is being used for other purposes at the time. Narrow exceptions cover lawful weapons carriers in vehicles, people with written permission, and police.

Can I Get My Firearm Rights Restored After a Georgia Felony Conviction?

It depends on the circumstances. Under Georgia law, a person pardoned by the State Board of Pardons and Paroles is exempt from the felon in possession statute when the pardon expressly authorizes firearm possession. Persons discharged without adjudication of guilt under Georgia's first offender statute are also relieved of the disability. Federal relief from firearms disabilities through the U.S. Department of the Treasury, with Board of Public Safety approval, is another path.