Can Convicted Felons Own a Gun in Georgia?
In the United States, the right to bear arms is a protected constitutional right, but there are certain restrictions and prohibitions that apply to individuals who have been convicted of a felony. In Georgia, convicted felons are prohibited from owning or possessing firearms, but there are some exceptions and considerations that are important to understand.
Legal Framework
Georgia’s gun laws are governed by the Georgia Code, which states that it is illegal for a person to possess or control a firearm if they have been convicted of a felony. The Georgia Code defines a firearm as "any weapon, including a starter gun, which is designed to or may readily be converted to expel a projectile by the action of an explosive" (O.C.G.A. § 16-11-127).
Felony Convictions
To determine whether a convicted felon can own a gun in Georgia, it is necessary to understand the types of felony convictions that are prohibited. The Georgia Code defines a felony as any crime punishable by death or imprisonment for one year or more (O.C.G.A. § 16-2-20). This includes a wide range of offenses, such as murder, robbery, burglary, theft, drug trafficking, and more.
Exceptions and Considerations
While convicted felons are generally prohibited from owning or possessing firearms, there are some exceptions and considerations that are important to understand:
• Restoration of Rights: In some cases, convicted felons may be eligible to have their rights restored, including the right to own or possess a firearm. This can occur after a certain period of time has passed since the completion of their sentence, or if they have received a pardon or expungement of their conviction.
• Probation and Parole: Individuals who are on probation or parole may be permitted to own or possess a firearm if it is a condition of their probation or parole.
• Non-Violent Felonies: Some non-violent felony convictions, such as those for drug offenses or white-collar crimes, may not be considered as serious as violent felony convictions and may not result in a lifetime prohibition on firearm ownership.
• Gun Trusts: In some cases, convicted felons may be able to own or possess a firearm through a gun trust, which is a trust that is specifically designed to hold and manage firearms. Gun trusts can be a useful way for individuals who are prohibited from owning or possessing firearms to still enjoy shooting and hunting activities.
Consequences of Violating Georgia’s Gun Laws
Violating Georgia’s gun laws can result in serious consequences, including:
• Misdemeanor Charges: Possessing a firearm while prohibited can result in a misdemeanor charge, punishable by up to one year in jail and a fine of up to $1,000.
• Felony Charges: Repeatedly violating Georgia’s gun laws or using a firearm in the commission of a crime can result in a felony charge, punishable by imprisonment for one year or more.
• Loss of Civil Rights: Violating Georgia’s gun laws can also result in the loss of certain civil rights, including the right to own or possess a firearm.
Table: Georgia Gun Laws and Felony Convictions
| Felony Conviction | Gun Ownership |
|---|---|
| Non-Violent Felony | Possibility of restoring rights |
| Violent Felony | Lifetime prohibition on firearm ownership |
| Misdemeanor | Possibility of owning a firearm with court permission |
Conclusion
In conclusion, convicted felons are generally prohibited from owning or possessing firearms in Georgia, but there are some exceptions and considerations that are important to understand. If you have been convicted of a felony and are interested in owning or possessing a firearm, it is important to consult with an attorney to determine whether you are eligible to do so and to understand the legal requirements and consequences.
