What Happens if You’re Caught with a Firearm as a Convicted Felon in Columbus, Georgia?

Georgia law prohibits possession of firearms by convicted felons. If you are caught with a gun and you have a felony conviction in your past, you should immediately contact a lawyer. You are facing possibly a decade in prison, depending on your criminal history and other factors. This is a serious criminal charge. Contact our criminal Columbus criminal defense lawyer, Tyler Moffitt, to immediately launch a defense of your case. A favorable result is possible, but you need to hire the right defense attorney.

Possession of a Firearm by a Convicted Felon in Georgia

The Georgia law is found at O.C.G.A. § 16-11-131. It states that any person with a felony conviction may not receive, possess, or transport firearms. Any commission of this crime is a felony and can result in 1-10 years in prison.

However, if you were convicted of a violent (forcible) felony, then the minimum imprisonment is five years. Examples include murder, burglary, rape, aggravated child molestation, robbery, armed robbery, kidnapping, and similar violent crimes.

Repeat offenders also face enhanced penalties. If this is your second or subsequent conviction, then a defendant will receive a minimum of five years in prison.

Out-of-State Felonies Count

Georgia’s law applies even if you were convicted of a felony in a different state. Suppose you are convicted of manslaughter with a motor vehicle in Alabama and are sentenced to five years in prison.

When you move to Georgia, you have a prior felony because the offense was punishable by at least one year in prison. That means you can’t possess a firearm in Georgia, and if you’re caught, you will be charged with your second felony.

Can A Convicted Felon Own a Gun in Georgia?

The answer to “Can a felon own a gun in Georgia?” is usually a firm “no.” There are only limited exceptions to Georgia’s sweeping prohibition.

One is if you have received a pardon from the President of the United States, the State Board of Pardons and Paroles, or a pardon from the appropriate authority in a different state. A felon who has received a pardon is not subject to this law.

Another exception exists if you were sentenced as a first offender and had your case discharged without adjudication of guilt. In that narrow situation, Georgia’s law does not prohibit you from possessing a firearm.

Call Moffitt Law, LLC, to discuss these and other exceptions. It is best to know your rights before you purchase or receive a gun. We can also discuss whether you should seek a pardon and what supporting documentation you will need.

Defending Against Felon in Possession Charges

Being caught with a gun does not mean you will automatically end up convicted. For example, we might raise certain defenses:

• No possession. The gun might be in the trunk of a car you borrowed. If you did not know it was there, you should not be deemed in possession of the gun. Similarly, the gun could be in an outbuilding on someone’s property. You don’t own the property but are simply staying there for a bit. Under those facts, you do not have possession of the firearm.
• Illegal search. The gun is the centerpiece of these cases. However, the police might not have had a search warrant or probable cause to search the property. If not, then we can ask the judge to keep the gun out of evidence.
• No prior felony. Sometimes it is unclear, especially with out-of-state convictions which do not line up perfectly with Georgia crimes. We need to review your entire criminal history.
• No firearm. Under the law, a firearm is a rifle, handgun, shotgun, or similar weapon. The contraband you were caught with might not qualify as a firearm under the law.
• Reasonable doubt. The facts of the case could be unclear. Police officers could tell conflicting stories, and it might be reasonable to assume someone else had possession of the gun. All defendants are entitled to a presumption of innocence.

These are some of the defenses we can raise on your behalf. Hire the right attorney, because you could face a decade in prison if found guilty.

Call Moffitt Law, LLC, Today to Schedule a Consultation

Losing gun rights is one of the unfortunate consequences of any felony conviction. Those facing criminal charges should always hire a lawyer with a solid history of defending against serious charges. Contact our office to discuss your most recent gun charge or any other criminal charge you are facing.