State laws governing firearms explain when you need a license to carry a weapon, where you can carry your firearms and what the penalties are for breaking the laws. It is important to know Georgia’s law surrounding your right to carry a firearm and the possible penalties you may face for breaking the laws.
License Requirement:
While state residents 21 and older may legally store a firearm in their home, motor vehicle or place of business without holding a license, you must apply for a license with your county probate court if you intend to carry it outside of your own property. If you carry your gun for hunting or sporting, your current hunting license permits you to carry your firearm outside of your own property.
To apply for a license at your county probate court, you will need:
- An official form of identification,
- Your payment, (while $75 is an average fee for licensing and fingerprinting, costs vary by county. Contact your local probate court for details)
- A self-addressed, stamped envelope (if you would like your license mailed to you).
Within 5 days, a county probate judge will request a criminal history records check and a background check on you. About 30 days later, law enforcement will finish its background check and determine whether you can receive a license. Licenses are valid for 5 years. At least 2 months before your license expires, you should go to court to apply for renewal.
Penalties:
Under Georgia law, you may be found guilty of a misdemeanor if you:
- Do not have a current firearms or hunting license when you carry a gun outside your own property.
- Intentionally and without legal justification point or aim a gun or pistol at another, regardless of whether the gun or pistol is loaded.
- Fire a gun or pistol within 50 yards of a public highway or street without legal justification for doing so.
- Discharge a firearm on private property without the approval of the property owner.
- Discharge a firearm while you are intoxicated.
Restoring Your Firearms Rights After a Felony Conviction:
If you are convicted of a felony, you lose your Second Amendment right to carry, possess, and transport firearms. Under Georgia law, however, you can have your firearm rights restored if certain conditions are met. To apply to restore your firearm rights, you must have not been convicted of a crime for five years after completing your sentence. You will also need at least three character references. The State will not restore your gun rights if your offense involved the use or possession of a firearm. These applications take time and it typically takes around 9 months for a response from the State of Georgia.
Contact An Experienced Criminal Defense Attorney Today
If you have been charged with a misdemeanor or felony involving a firearm, or if you want to restore your firearms rights, an experienced Georgia criminal defense attorney can help you through the process and fight to protect your constitutional rights.
To schedule a free consultation and case evaluation in Suwanee, Johns Creek, Cumming, Forsyth County, Gwinnett County, Dawsonville, Dahlonega, Lumpkin County, or Dawson County, please call our office today at (678) 257-4507. You may also schedule a consultation online.