Can a Convicted Felon Own a Gun in Georgia 2023?
In Georgia, the laws regarding the ownership of firearms by convicted felons are strict and clear. According to O.C.G.A. §16-11-110, a person convicted of a felony is prohibited from possessing or owning a firearm. This law is enforced by the Georgia Peace Officers Standards and Training Council (POST).
Definition of a Felony in Georgia
Before we dive into the specifics of owning a gun as a convicted felon in Georgia, it’s essential to understand what a felony is. According to O.C.G.A. §16-2-20, a felony is any crime that carries a penalty of one year or more in a state prison. This includes both violent and non-violent crimes, such as robbery, burglary, theft, and drug-related offenses.
Conviction of a Felony and Firearm Ownership
If you are convicted of a felony, you are prohibited from possessing or owning a firearm under Georgia law. This applies to both possession and ownership, which means you cannot lawfully own a firearm for yourself or anyone else, including family members.
Exceptions to the Rule
While the general rule is that convicted felons are prohibited from owning guns in Georgia, there are specific exceptions to this rule:
- Moral Turpitude: If your felony conviction did not involve moral turpitude, you may be able to possess a firearm with a court order and waiver from the Georgia Bureau of Investigation (GBI) and the POST. However, this is extremely rare and typically only granted for specific circumstances, such as a military veteran.
- Pardoned Conviction: If you were pardoned for your felony conviction, you may be able to possess a firearm. However, the pardoning authority must explicitly include the restoration of firearm privileges in the pardon.
Consequences of Illegal Firearm Possession
It’s essential to note that if you are convicted of a felony and illegally possess a firearm, you face stiffer penalties, including:
- Up to 5 years in prison
- A fine up to $10,000
- Mandatory sentence of 5 years of imprisonment
How to Obtain a Waiver to Own a Gun in Georgia as a Convicted Felon
If you believe you are eligible for a waiver to own a firearm despite your felony conviction, you must submit an application to the GBI and the POST. The process involves:
- Completing the application
- Providing documentation of your felony conviction and waiver application
- Attending an interview with the GBI and POST
- Approval or denial by the GBI and POST
Table: Overview of Firearm Laws in Georgia for Convicted Felons
| Felony Conviction | Possession/Ownership |
|---|---|
| Convicted | Prohibited |
| Moral Turpitude | Court-ordered waiver possible |
| Pardoned | May be eligible for restoration of firearm privileges |
Conclusion
In conclusion, convicted felons in Georgia are prohibited from possessing or owning firearms, unless they have been pardoned or have a moral turpitude waiver approved by the GBI and POST. It’s essential for individuals with felony convictions to understand the laws regarding firearm ownership in Georgia and comply with the regulations to avoid severe consequences. If you have any questions or concerns, it’s recommended to consult with a qualified legal professional.
