Can a felon own an air rifle in Georgia?

Can a Felon Own an Air Rifle in Georgia?

Felony Convictions and Gun Rights

In the United States, owning a firearm is a serious right protected by the Second Amendment. However, not all individuals have this right, including those who have been convicted of a felony. In Georgia, individuals with felony convictions may have their gun rights revoked. But what about air rifles? Can a felon own an air rifle in Georgia? The answer is a bit more complex.

What is a Felon?

Before diving into the specifics of air rifle ownership, it’s essential to understand what a felony conviction is. In the State of Georgia, a felony is a crime that carries a minimum sentence of one year and one day in prison. This can include offenses such as murder, drug trafficking, burglary, and assault.

Felon In Possession of Firearm Statute

Under the Federal Felon in Possession of Firearm Statute, individuals with felony convictions are prohibited from owning or possessing a firearm, including handguns, shotguns, rifles, and, yes, air rifles. This law is enshrined in Title 18, Section 922(g) of the United States Code.

Georgia’s Felon-in-Possession Statute

In addition to the Federal Felon in Possession of Firearm Statute, Georgia has its own felons-in-possession statute. Georgia Code Ann. § 16-11-130, also known as the Georgia Felon in Possession of a Firearm, makes it a felony to own or possess a firearm if you have a previous conviction for a felony. This statute specifically mentions rifles, including air rifles, in addition to handguns and other firearms.

Exemptions and Exceptions

There are some exemptions and exceptions to the felons-in-possession laws. These can include:

• If you have received a certificate of relief from disabilities
• If you have completed a period of supervised probation
• If you have completed a period of post-sentence supervision
• If you have had your felony conviction expunged
• If you are a law enforcement officer (subject to certain requirements)
• If you are in the military or are a military veteran

So, Can a Felon Own an Air Rifle in Georgia?

In a word, no. Unfortunately, individuals with felony convictions are prohibited from owning or possessing air rifles, including BB guns and pellet rifles, under both Federal and State law. The exception, of course, being if you meet one of the exemptions or exceptions outlined above.

Important Legal Considerations

Here are some important legal considerations for felons considering air rifle ownership:

• Consult with a lawyer: Before making any decisions, consult with an attorney to ensure you meet the legal requirements to own an air rifle in Georgia.
• Check the manufacturer’s restrictions: Some air rifle manufacturers have specific restrictions on ownership, which may include individuals with felony convictions.
• Understand local laws: Local jurisdictions within Georgia may have additional regulations or restrictions on air rifle ownership.

Air Rifles vs. Real Firearms

It’s worth noting that air rifles, in many cases, are legal under Federal and State laws because they are considered a "toy" or "not a firearm." This distinction is important because some states, like California, specifically exempt air rifles from firearms laws.

A Comparison of Georgia and Other States

Here is a comparison of Georgia’s felons-in-possession law with other states:

Conclusion

In conclusion, in the State of Georgia, felons are prohibited from owning or possessing air rifles under both Federal and State law. While there are exceptions and exemptions, these requirements can be complex and varied. It’s essential to consult with a lawyer, understand local laws, and be aware of manufacturer restrictions to ensure compliance with regulations.

Important Tables

Felon Conviction Requirements

Felony Conviction Offenses

Air Rifle Exemptions and Exceptions

• Certificate of relief from disabilities
• Completion of probation
• Completion of post-sentence supervision
• Felony conviction expunged
• Law enforcement officer (subject to requirements)
• Military or veteran status