Before owning a gun, knowing the consequences of gun crimes in your state is essential. Georgia has laws restricting the ownership, carrying, and use of firearms. Violating gun laws is serious and can affect your future. The exact Georgia Laws regarding owning, carrying, and criminal charges involving firearms can be found in Title 16, Chapter 11, Article 4 of the Georgia Code. Here is a beginners guide to Georgia gun crimes:
Do I need a Permit?
In Georgia, you do not need:
- A permit to purchase a shotgun, handgun, or rifle
- To register a shotgun, handgun, or rifle
- A license to own a shotgun, handgun, or rifle
- A permit to carry a shotgun or rifle
You do need a permit to carry a handgun. If you have a carry permit, you may carry your handgun in a motor vehicle or at a place of business.
You can not legally possess a gun if:
- You are a convicted felon.
- Are under the age of 18. If you are under the age of 18, you can use a gun with the supervision of a parent or legal guardian in certain circumstances.
If you have been convicted of a felony and are caught with a firearm, you will be charged with a felony and will face from one to five years in prison. If your prior felony conviction involves the use or threat of physical force or violence, you will be sentenced to five years.
Weapons you cannot have:
- Sawed-off shotguns or rifles
- Machine guns
- Dangerous weapons (defined by Georgia law to include rocket launchers, bazookas, or recoilless rifles)
If you are charged with unlawful possession of one of the above weapons, you could be sentenced to up to five years in jail.
Weapons are prohibited in:
- Places of worship
- Government buildings
Bringing a gun into any of these locations will result in misdemeanor charges along with the possibility of a fine or imprisonment.
Carrying a Concealed Weapon
It is unlawful in Georgia to carry a weapon and not have it in full view.
If you are arrested for carrying a concealed weapon, and it is your first offense, you will be charged with a misdemeanor, have to pay up to $1,000 in fines, and spend up to a year in prison.
If you are arrested for carrying a concealed weapon, and it is your second or subsequent offense, you will be charged with a felony, have to pay more than $1,000 in fines, and spend between two to five years in prison.
Carrying a Handgun Without a License or Permit
It is required by Georgia law to have a license if you are carrying a handgun.
If caught carrying a handgun without a license and it is your first offense, you will be charged with a misdemeanor, have to pay up to $1,000 in fines, and spend one year in prison.
If caught carrying a handgun without a license and it is your second or subsequent offense, you will be charged with a felony and have to spend one to five years in prison.
Pointing a Firearm at Another
If you are caught pointing a firearm at someone, whether it is loaded or not, you will be charged with a misdemeanor, have to pay up to $1,000 in fines, and spend up to one year in prison.
Illegal Use of Weapons
If you have a gun while committing or attempting to commit certain crimes, you can be charged with a separate felony along with the underlying crime. If it is your first offense you may be sentenced to up to 5 years. If it is your second or subsequent offense, you may be sentenced to up to 10 years.
Getting charged with a gun-related crime can have severe consequences. It can be challenging to navigate gun-related charges, so having exceptional legal representation is vital to get you through the process. Contact us today at Jarrett Maillet J.D., P.C. Criminal Defense, to discuss how we can help you with your gun-related charges and learn your options.
Jarrett Maillet J.D., P.C.
210 E 31st St
Savannah, GA 31401