Carrollton Gun Lawyer
Gun laws vary widely from one state to another and are subject to change. As a result, it is important for those who were charged with a firearm offense to consult a Carrollton gun lawyer about your rights to possess and carry a weapon.
If you violated a gun law, the penalties for doing so can be severe. With the potential punishment being incarceration, large fines, and other consequences, you may want to contact a capable defense attorney to help reduce any criminal charges.
When Gun Licenses Are Required in Carrollton
While gun owners in Carrollton can lawfully buy a firearm and keep it in their vehicles, homes, or places of business without a license, carrying that firearm elsewhere generally requires individuals to obtain a gun license, according to Official Code of Georgia Annotated § 16-11-126. In the case of a hunting rifle, individuals must possess a hunting license. Gun owners also must have a proper permit to carry a concealed weapon.
Carrying a handgun without a proper permit is a misdemeanor under Georgia law, which is generally punishable by a jail sentence of up to one year and fines. A second conviction for possession without a permit within five years, however, can result in a felony charge with a two to a five-year sentence of incarceration. Therefore, it is critical for defendants in gun cases to obtain the services of a Carrollton lawyer.
Laws Governing Who May Possess a Firearm
Georgia law prohibits certain individuals from owning or possessing any type of gun, including those who have been:
- Convicted of a felony
- Convicted of domestic violence
- Committed to a mental health institution
- Dishonorably discharged from the military
Under O.C.G.A. §16-11-131, it is a felony for individuals with a prior felony conviction to receive, possess, or transport any firearm. This offense can result in a prison sentence of one to five years. In the case of a prior conviction for a “forcible felony,” which involves the threat or use of force or violence against another, the jail sentence is five years.
The penalties for an individual with past felony convictions in possession of a firearm can be very harsh, so speaking with an experienced Carrollton gun lawyer is essential for individuals who were accused of this offense.
Illegal Weapons and Places Where No Firearms Are Permitted
Under Georgia law, individuals may not own or possess certain types of dangerous weapons, including rocket launchers, machine guns, bazookas, sawed-off shotguns, and hand grenades.
Additionally, Georgia laws bar individuals from carrying firearms or weapons into certain places, such as:
- Government buildings
- Prisons
- Churches
- Airports
- Bars
- Polling places
- School safety zone
- A school function
- On transportation furnished by a school
Violation of this law is a misdemeanor with some exceptions. For instance, illegally carrying a gun into a place of worship will not result in an arrest or criminal charge, but only in a fine of up to $100. Additionally, carrying a weapon in locations involving a school is a felony offense punishable by a sentence of incarceration ranging from two to ten years, a fine of up to $10,000, or both. Reach out to a seasoned Carrollton lawyer and they could help refute the gun charge.
Prohibitions on Pointing or Firing a Gun
Firing a gun within 50 yards of a public highway is a misdemeanor. Individuals also may not fire guns on others’ properties without consent to do so. These offenses can result in a jail sentence of up to 12 months and a $1,000 fine, or both.
Discharging a firearm when under the influence of drugs or alcohol is a high and aggravated misdemeanor, so the fine can increase to $5,000, in addition to the potential jail sentence of up to one year. With a few exceptions, such as if there is a trespasser on a property, Georgia law prohibits pointing a firearm at another person.
Call a Carrollton Gun Attorney
Gun laws are complicated and ever-changing in Georgia. Violating these laws and having to suffer the negative repercussions such as long jail terms and heavy fines may reduce your ability to enjoy your life and freedoms. Call a Carrollton gun lawyer today to determine your legal options and to begin building a robust defense strategy against the charges you face.
