Although your right to own a firearm is protected under the U.S. Constitution’s Second Amendment, state laws place restrictions on ownership in some situations and for some people. A single misstep in understanding these laws can land you in significant legal trouble. Depending on the severity of an infringement, you may face hefty fines and extensive prison time.
Navigating and understanding federal, state, and county gun laws can be extremely tricky, especially without the guidance of a seasoned attorney. If you have been charged with a gun law violation or have further questions about this process, contact J. Ryan Brown Law today to speak with a Palmetto firearm lawyer that wants to help.
Under Georgia law, those who have been convicted of felony offenses, cannot own firearms. This ban extends to recreational use, too. Even after serving their sentences, previously convicted parties cannot even use rifles for hunting deer or turkey, a popular pastime in the Fulton County area.
Loss of Second Amendment rights in Georgia occurs in other ways, too. People convicted of misdemeanors related to domestic violence cannot own firearms under federal laws. Anyone convicted of a misdemeanor family crime of family violence faces federal prosecution should they later possess a firearm.
If a judge issues a temporary protective order or a domestic violence ex-parte order with a gun restriction, the person subject to the order may not be able to own a gun legally—at least temporarily. As a Palmetto attorney can further explain, crimes of family violence Can include a broad scope of conduct that is perpetrated against a spouse, co-parent, sibling, child, parent, among other family members or members of the same household.
Under the Official Code of Georgia Annotated §42-8-60, a judge may withhold judgment on a first-time defendant and order first offender status. If successful in meeting the judge’s terms, defendants are not adjudicated guilty and leave the system with no convictions. This arrangement allows a first-time offender to qualify for gun ownership that would have been precluded with a conviction under federal law. Pleading first offender to a felony does not, however, allow someone to possess a firearm while on first offender probation. In fact, that possessing a firearm while on first offender probation would be considered a separate offense and will likely lead to your arrest. But, the advantage to first offender is that if the sentence is successfully completed, then there is no lifetime firearm ban.
There are many rules and regulations surrounding firearm usage in Fulton County. While owning a gun is a constitutional right, this freedom can quickly be taken away if you are found in violation of these laws.
We understand that owning a firearm is important to you, and we are here to protect your rights. Federal and Georgia laws concerning gun ownership are complex, but a Palmetto firearm lawyer at our firm is here to advise you of your legal options and help you defend yourself. Contact J. Ryan Brown Law for help in your unique situation.
J. Ryan Brown Law, LLC
J. Ryan Brown Law, LLC
