Georgia has recently loosened gun restrictions so that more people can carry without the need for a license. Today, you can open or conceal carry a firearm in most places throughout the state.
Although some areas remain off-limits, you have much more freedom than people enjoyed in the past. Nonetheless, there are still some crimes involving firearms that can land you in hot water.
Moffitt Law, LLC, can represent anyone accused of firearm charges. If convicted, you could face time behind bars, as well as other tough penalties. Please call our firm to discuss possible defenses to raise. A LaGrange criminal defense lawyer is eager to hear your story and begin discussing possible defenses to raise against possession of a firearm charge.
Below, we look at many different firearm charges people face.
Unlawful Carry of a Firearm
Currently, you can legally carry a handgun or a long gun in either a concealed or open manner—provided you qualify as a “lawful weapons carrier.”
Not everyone can legally carry a weapon in Georgia. There are still limits that apply. For example, you are only eligible if:
- You have no felony charges or any pending felony charges;
- You have no prior misdemeanor convictions for drugs, domestic violence, or weapons violations
- You’re not a fugitive;
- Federal law does not prohibit you from possessing a firearm;
- You were never adjudicated as insane or mentally incompetent, and you have no history of being an inpatient at a mental health facility;
- You were not a patient in an alcohol/drug treatment facility at any point in the past five years.
If you fit the description of one of the above, you are carrying unlawfully. A first offense is a misdemeanor, but a second offense is a felony firearm charge which could send you to prison for 2-5 years.
Carrying a Firearm in an Unauthorized Location
Georgia law prevents even lawful carriers from carrying in certain locations. Usually, these are sensitive places, such as:
- Courthouses
- Jails and prisons
- Restricted government buildings
- Nuclear power facilities
- Polling places
- State mental health facilities
- Places of worship (unless allowed)
- School zones and school property (unless in a locked container)
Carrying a gun unlawfully in a prohibited location can result in firearm charges. Generally, you will face a misdemeanor charge. If you are not a lawful weapon carrier, then you can face a felony firearm charge for carrying in a school zone.
Possessing Illegal Weapons in LaGrange, Georgia
Georgia does not require that people register their firearms, so there is no “unregistered firearm charge.” Nonetheless, the state bans certain weapons as too dangerous, even for lawful carriers:
- Machine guns;
- Guns with silencers;
- Sawed-off guns and rifles;
- Rocket launchers, hand grenades, and other dangerous weapons.
If you are caught with one of the above, then you can face five years in prison as punishment.
Illegal Use of Weapons
Even those who can lawfully carry must legally use their weapons. It is against the law to do any of the following:
- Intentionally point a loaded or unloaded gun at someone without legal justification;
- Fire a gun on someone’s property without their permission;
- Fire a gun within 50 yards of a public road or highway;
- Fire a gun while under the influence of alcohol or certain drugs.
These acts are illegal, even if you can legally carry a firearm. You have no right to point it at anyone without legal justification (like self-defense). You also can’t go onto someone’s property without permission and fire, even if you can legally carry on the property.
If you point a gun at someone, you can face misdemeanor charges under O.C.G.A. § 16-11-102.
However, if you end up firing at someone, then you can face felony charges. Typically, defendants can spend 1-20 years in prison for assaulting a person by firing a gun, although the precise penalty varies depending on who you assault.
Has the State Brought Firearm Charges Against You?
Moffitt Law, LLC, has defended many people from firearm charges. Because the penalties are so steep, you deserve a vigorous defense. The state might throw the book at you, especially if you are caught with guns in a school zone or airport. Do not simply hope the state will take things easy on you. They seek stiff penalties even for those with no criminal history.
Contact us today to discuss your charges with an experienced LaGrange, Georgia criminal defense attorney. We might argue your carry or use of the firearm was legal or justified. We can also challenge the arrest or investigation as unconstitutional.