Can a Non-Violent Felon Own a Gun in Georgia?
Georgia has strict laws governing the possession and ownership of firearms, particularly for individuals with a criminal history, including non-violent felons. In this article, we will delve into the complexities of Georgia gun laws and provide a definitive answer to the question at hand.
Direct Answer:
No, a non-violent felon cannot own a gun in Georgia. According to Georgia law, a person who has been convicted of a felony, including non-violent offenses, is prohibited from possessing or owning a firearm. This prohibition is based on federal and state law.
Federal Law
The federal Gun Control Act of 1968, as amended, prohibits anyone who has been convicted of a felony from possessing a firearm. This includes individuals who have been convicted of non-violent felonies, such as drug trafficking, fraud, or white-collar crimes.
State Law
Georgia law is even more restrictive. Georgia Code Section 16-11-131(a) states that any person who has been convicted of a felony, including non-violent offenses, is prohibited from possessing or owning a firearm. This prohibition includes both misdemeanor and felony convictions.
Exceptions
There are some exceptions to these rules. For example, a non-violent felon may be able to obtain a firearms permit if:
- 5 years have passed since the completion of the sentence: If a non-violent felon has completed their sentence, including any probation or parole, they may be eligible to apply for a firearms permit 5 years after the date of completion.
- The felony was not a violent crime: If a non-violent felon has been convicted of a felony that is not considered a violent crime, they may be eligible to apply for a firearms permit after 3 years have passed since the completion of the sentence.
- The conviction was expunged or pardoned: If a non-violent felon’s conviction has been expunged or pardoned, they may be eligible to own a firearm.
Penalties for Violation
It is important to note that violating Georgia’s firearms laws can result in serious consequences. If a non-violent felon is found to be in possession of a firearm, they can be charged with a felony and face up to 5 years in prison.
Table: Conviction Types and Gun Ownership
| Conviction Type | Gun Ownership Eligibility |
|---|---|
| Violent felony | Prohibited |
| Non-violent felony | Prohibited |
| Misdemeanor | Varies (see below) |
| Expunged or pardoned conviction | Eligible |
Misdemeanor Convictions
Misdemeanor convictions can also impact a person’s ability to own a firearm in Georgia. Under Georgia law, some misdemeanor convictions can result in a 5-year waiting period before the individual can apply for a firearms permit. These convictions include:
- Misdemeanor drug offenses: Any person convicted of a misdemeanor drug offense, including drug possession or distribution, will be prohibited from owning a firearm for 5 years after the completion of the sentence.
- Domestic violence misdemeanors: Any person convicted of a domestic violence misdemeanor, including battery or stalking, will be prohibited from owning a firearm for 5 years after the completion of the sentence.
Conclusion
In conclusion, a non-violent felon cannot own a gun in Georgia, unless they meet one of the exceptions outlined above. It is important for individuals with a criminal history, including non-violent felonies, to understand their rights and responsibilities under Georgia law. Failure to comply with these laws can result in serious consequences, including imprisonment.
Additional Tips
- Always check local and state laws before applying for a firearms permit.
- Consult with a lawyer if you have questions or concerns about your eligibility to own a firearm.
- Consider seeking a pardon or expungement of a conviction if you are otherwise eligible to own a firearm.
By understanding Georgia’s complex gun laws, non-violent felons can make informed decisions about their ability to own a firearm and avoid potential legal consequences.
