JLA Law Group

Firearms Charges in Georgia: Aggressive Defense of Your Rights

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Firearms charges in Georgia can be extremely serious, ranging from misdemeanors to federal felonies with mandatory minimum sentences. The Georgia Legislature expanded carry rights with constitutional carry (SB 319), but the law still prohibits possession for certain persons and in certain locations. At J. Lee & Associates, we defend clients in Gwinnett County against all types of firearms charges.

Under O.C.G.A. § 16-11-131, it is a felony for a person with a prior felony conviction to possess a firearm. The penalty is 1 to 10 years (first offense) or 5 to 10 years (second). Federal charges under 18 U.S.C. § 922(g) carry up to 15 years in federal prison. For non-citizens, a conviction can have devastating immigration consequences.

Multiple defenses are available: the possession was not knowing, the firearm was on private property, the search and seizure was illegal (Fourth Amendment), the prior conviction does not qualify, or legitimate self-defense under O.C.G.A. § 16-3-21. Our attorneys examine every detail to identify the strongest defense.

Steps You Should Take

1

Don't Make Statements

Invoke your right to remain silent. Don't explain why you had the gun. Don't consent to searches. Ask for your attorney immediately.

2

Document the Arrest

Where exactly was the gun found? How was the search conducted? Did they ask consent? Was there a warrant? These details determine admissibility.

3

Contact JLA Before the First Hearing

Weapons charges often carry high bail. An attorney at first appearance can argue for reasonable bond. (770) 609-9396.

4

Evaluate Immigration Impact

If you are not a citizen, the criminal defense strategy must account for immigration consequences to avoid a plea that triggers deportation.

Frequently Asked Questions

Does Georgia require a permit to carry?
Since July 2022, constitutional carry (SB 319) allows Georgia residents 21+ who can legally possess firearms to carry openly or concealed without a license. Does NOT apply to persons with felony convictions, protective orders, or under 21.
Where are firearms prohibited?
Government buildings (O.C.G.A. § 16-11-127), K-12 schools and 1,000-foot zones (O.C.G.A. § 16-11-127.1), churches without permission, nuclear plants, and bars.
What if a gun is found during another arrest?
Depends on your eligibility. If you are legally eligible, lawful possession generally adds no charges. If you have a prior felony, you face serious additional charges. If the search was illegal, we challenge admissibility.
Can I restore my gun rights after a felony?
Under O.C.G.A. § 16-11-131(d), after completing your sentence and 5 years without new felonies, you can apply to the State Board of Pardons and Paroles.
Do weapons charges affect immigration?
Yes. Felon-in-possession, trafficking, or aggravated charges may classify as 'aggravated felony' under INA § 101(a)(43) causing near-automatic deportation. Even minor charges can affect naturalization.

Applicable Laws

O.C.G.A. § 16-11-131Possession of firearm by convicted felon: 1 to 10 years.
O.C.G.A. § 16-11-126Firearm carry under constitutional carry.
O.C.G.A. § 16-11-127.1Firearms in school zones: felony, 2 to 10 years.
O.C.G.A. § 16-3-21Use of force in self-defense.

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Norcross, GA 30093

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