
Gun laws can be complicated, resulting in the need for an Athens gun crime lawyer. Georgia citizens can generally carry a firearm without the need for a permit or a license, but it is also unlawful to possess a firearm in certain situations and places. If you unknowingly break a gun law, you could face severe penalties.
When facing a gun crime charge, you need to hire a gun crime lawyer who understands Georgia’s complex gun laws and how they apply to your case. Gun ownership is a right protected in the Constitution, but Georgia has the authority to restrict which citizens are allowed to express that right. At the Law Offices of Adam M. Cain, LLC, we understand the importance of gun ownership in Georgia and how complicated gun laws can affect your rights.
Gun violence is a serious problem in Georgia. In 2024, there were around 2,000 gun deaths in Georgia. This accounted for a death rate of 17.8 per 100,000 people due to gun-related injuries. Some key gun crime facts from 2024 include the following:
Felony gun cases are heard in the superior court, while misdemeanor gun cases are heard in the state court. Residents of Athens facing gun charges may have their cases heard at the Athens-Clarke County Courthouse.
Georgia residents have many freedoms concerning firearms. Georgia does not require a permit or license to purchase or carry a firearm, and owners are not required to register with the state. Even with these freedoms, Georgia does have several gun laws that regulate who can possess a firearm. These regulations include the following:
Even though Georgia has few regulations that restrict who can carry a firearm, there are gun-related offenses in Georgia. Misdemeanor offenses include:
Felony offenses include:
If convicted of a misdemeanor or felony crime that involves a firearm:
The consequences for illegally carrying a gun in Georgia depend on the context of the illegal carrying. If this is your first offense, you are likely to be charged with a misdemeanor, but a second or subsequent offense is generally a felony. Carrying a firearm in a restricted area can result in a misdemeanor charge. Restricted areas include schools, hospitals, and government buildings. Illegally carrying an illegal weapon can also result in heavier gun crime penalties.
Georgia does not have laws requiring citizens to inform police officers if they have a firearm in their vehicle during a traffic stop unless the officer specifically asks. However, for safety reasons, it can be better to inform the officer that there is a firearm in the vehicle, especially if the firearm is stored in the same location as any documents you are required to show the officer.
Yes, Georgia is considered a gun-friendly state. Georgia follows the constitutional carry standard, which allows anyone who is legally eligible to carry a firearm to carry one without the need for a permit. There are no waiting periods or licensing required to purchase a firearm, and registration is not required. No background checks are required during private sales. The only restrictions are that felons and minors are not allowed to own or possess a firearm.
If you lose your right to carry a firearm, there is a method for restoring your gun rights in Georgia. Through the Georgia State Board of Pardons and Paroles, if you lose your gun rights, you can petition to have them restored. Eligibility requirements include:
Also, the original charges must not include the use or possession of a firearm.
The defense strategy you use against a gun crime charge in Georgia depends on the specifics of your case, but there are some commonly used defenses. You might argue that you didn’t intend to commit a crime, as most crimes require intent.
If legal or procedural violations occurred, then evidence could be suppressed, which could even lead to the case being dismissed. Demonstrating an alibi or casting doubt on the prosecution’s version of events could also get the case dismissed.
Whether you are facing charges for illegally possessing a gun or criminal charges for a crime committed with a gun, you need a strong Athens gun crime attorney to protect your legal rights and interests. Contact the Law Offices of Adam M. Cain, LLC, today to arrange your confidential consultation.
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