What a Weapon Charge Could Lead to
To this day, the Second Amendment stands to protect Americans’ rights to bear arms. Still, there are some laws in place that regulate those privileges. Georgia law allows qualifying individuals to have and carry legal weapons in their home and around their property, in their motor vehicle, and at their place of business. Other uses are illegal and could lead to a criminal conviction.
Possession of an Illegal Weapon
While individuals can carry select weaponry, others are completely illegal. Georgia residents are not allowed to possess:
- Machine guns
- Recoilless rifles that fire rockets
- Rocket launchers
- Sawed-off rifles
- Sawed-off shotguns
If someone is found with any of the above, they could face up to five years in prison.
Pointing a Firearm at Another
Individuals are prohibited from pointing a firearm at another person – even if the weapon is unloaded. The offense is a misdemeanor and carries a potential sentence of up to one year in prison and fines of up to $1,000.
Carrying a Concealed Weapon
Georgia allows certain weapons to be carried so long as they are in full view. If you are carrying a concealed weapon, you could face:
- First offense: a misdemeanor punishable by up to one year in prison and a fine of up to $1,000
- Additional offenses: a felony punishable by two to five years in prison at least $1,000 in fines
Possession of a Firearm by a Felon
Once an individual is convicted of a felony, their right to possess a firearm is permanently revoked. If a felon is caught with a firearm, they face a felony charge punishable by one to five years in prison. However, this sentence could be automatically set for the maximum five years if the prior felony involved the use of threat or physical force.
Carrying a Pistol Without a License
A person is only allowed to carry a pistol if they have the appropriate license. Possessing a pistol or revolver without a license could result in:
- First offense: a misdemeanor punishable by up to one year in jail and a fine of up to $1,000.
- Subsequent offenses: a felony punishable by one to five years in prison.
These are only some of the weapons charges that apply to gun owners in Georgia. For more information on Georgia’s weapons crimes, and assistance defending against an accusation, contact Daniels & Taylor, P.C.