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Georgia Gun Laws and Penalties 2025 – All You Need to Know
The United States Constitution recognizes the right of citizens to own guns, and each state in the union seeks to balance that right with laws to address public safety. According to World Population Review, approximately 49.2% of Georgia residents live in a home with a gun. Georgia gun laws and penalties are designed to protect its residents, and it remains critical that all gun owners understand these regulations.
Georgia’s gun laws are some of the most permissive in the country. In the state of Georgia, any “lawful weapons carrier” can carry a handgun on their person, either openly or concealed. They may carry this firearm without a permit in many public places, excluding government buildings, schools, and bars.
Who Is Defined as a “Lawful Weapons Carrier” in Georgia?
In the state of Georgia, you are considered a “lawful weapons carrier” if you meet the following requirements:
- You are eligible for a weapons carry license (regardless of whether you have one) in the state of Georgia.
- You are a resident of a different state and are eligible for a Georgia weapons carry license.
- You are licensed to carry a weapon in any other state.
Who Cannot Possess a Gun in Georgia?
While the gun laws in the state of Georgia are considered fairly lax in comparison to other states, certain people are not legally permitted to carry a firearm of any kind. This includes:
- Anyone under the age of 18. No one under the age of 18 is allowed to buy or possess a gun of any kind. It is also illegal to sell a firearm to anyone younger than 18.
- Anyone convicted of a felony. It is illegal for anyone convicted of a felony to possess a firearm at any time, anywhere. This includes felonies outside of the state of Georgia as well as within.
- Anyone convicted of certain misdemeanors. Specific misdemeanors, such as domestic abuse, can revoke your right to possess a firearm.
- Anyone who has been adjudicated or legally deemed to have mental illness(es). If you have been adjudicated as mentally ill or are legally considered a danger to yourself and/or others, you may not legally be allowed to carry a firearm.
As with most other criminal penalties, monetary fines and jail time are both potential penalties for violating gun carrier laws in the state of Georgia. If you have been accused of unlawful weapon possession, hiring an Atlanta criminal defense lawyer is an important move you can make to clear your name. If you want to avoid penalties, such as fines and jail time, having a skilled lawyer on your side can make or break your case.
What Are Some of the Defenses Against Gun Carrier Violation Charges
Facing any kind of criminal charges can be stressful, but several types of defenses may potentially lead to the charges being lessened or dropped. Here are some examples:
- Lack of possession or knowledge. An example of this would be an unknowing and non-carrying person in a car with a friend who is armed. When pulled over by law enforcement, they do not inform the police about their weapon, and the police find it in the backseat. In this case, you would need strong evidence of non-involvement to avoid being successfully prosecuted.
- Location misidentification or lack of notice. Carrying in prohibited places is illegal, but a skilled attorney can argue that you were unaware of those restrictions or that they weren’t clearly identified. Lack of intent or notice may not clear you of wrongdoing, but it can weaken the prosecution’s case.
- Lack of evidence. Evidence is a key part of building a compelling case, and if there isn’t enough applicable evidence, the case may not hold up in court.
Having an experienced Atlanta gun crime lawyer advocating for you can help you navigate your difficult situation. The team of skilled lawyers at The Law Office of Delisa Williams PC is ready to help you build a compelling case against your charges and assist you every step of the way.
FAQs
Q: What Is the Minimum Sentence for Illegal Gun Possession in Georgia?
A: The minimum sentence for illegal gun possession can vary in the state of Georgia as the result of several variables involved in your case. Having a defense lawyer advocating on your behalf can be a helpful tool when pursuing the minimum sentence or advocating to be cleared of all charges.
Q: Can You Carry a Loaded Gun in Your Car in Georgia Without a License?
A: In the state of Georgia, you are legally allowed to carry a loaded gun in your car without having a license as long as you are not prohibited by law, and it must be out in the open. For example, if you have been convicted of any felonies, you would be prohibited from possessing a firearm of any kind.
Q: Do You Have to Tell a Cop You Have a Gun in Georgia?
A: It is always wise to inform law enforcement of any weapons you have. If a police officer pulls you over, you should keep your hands where the officer can see them and respectfully inform them of the weapons you have in your car and/or on your person. This shows them that you are not a threat, that you are cooperating, and that you have no wish to escalate the situation.
Q: Can Gun Charges Be Dropped in Georgia?
A: It is possible for gun charges to be dropped in Georgia, which is why you need a skilled criminal defense lawyer on your side. Because they understand the judicial system, they can craft a strong defense against your charges. A skilled attorney knows the most effective strategy to employ on behalf of their client.
Get More Information Today
Facing criminal gun charges can be an overwhelming and confusing experience. Fortunately, you do not need to face your impending legal proceedings alone. At The Law Office of Delisa Williams PC, an accomplished team of lawyers is ready to take on your case. Contact us today for a consultation.
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