Your Guide to Firearms Possession

What is Possession of a Firearm?

When discussing the possession of firearms for those under the First Offender Act, it is important to know the basics. Namely, a firearm constitutes any handgun, shotgun, rifle, or other weapons that can expel a projectile by explosion or electrical charge.

State laws throughout the United States restrict the possession of a firearm for a convicted felon, including those sentenced under the First Offender Act. However, several defenses are available to those charged with illegal possession of a firearm, including arguing against the prosecution’s claim of “knowing possession”.

A skilled criminal defense lawyer can assist with this and other aspects of your First Offender case, but it’s still important to stay informed on your gun rights as a Georgia First Offender to ensure that you maintain the privileges that have been granted to you under this statute.

Georgia First Offender Gun Rights

In the state of Georgia, a person who is on probation as a first offender is prohibited from receiving, transporting, or possessing any firearm. Anyone who violates this will have committed a felony punishable by a prison term of up to ten years. A second conviction will result in a sentence between five and ten years. However, if the offender has previously been convicted of or on probation for a forcible felony, they will face a prison sentence of five years.

A person who cannot possess a firearm due to a forcible felony, is on probation as a first offender, or is under conditional discharge for a forcible felony and attempts to purchase or obtain the transfer of a firearm will face a felony charge and up to five years in prison. A second conviction will be punished by a prison term no less than five years and up to ten years.

What is a Forcible Felony?

The term “forcible felony” is used to define any felony where violence or physical force was used. This can include murder, burglary, robbery, home invasion, kidnapping, hijacking, stalking, rape, molestation, sexual battery, arson, and so on.

There are a few exceptions where people convicted of a felony may possess a firearm. The first is if the offender has been pardoned of the felony. The second is the person would not present a threat to Georgia citizens.

A conviction for the possession of a firearm during the attempt to commit a crime will be treated as a felony punishable by five years in prison. For a second conviction, the offender would face a ten-year prison sentence. They may also face charges for the underlying crime, which will be a separate offense.

Having a felony on your record can make life difficult, especially when it comes to getting a job. Therefore, offenders should speak with an experienced Georgia criminal defense attorney for legal advice and advocacy. When your future and freedom are at stake, do not waste time in finding an attorney who can help you navigate the law and come out on top. Contact Philip Kim Law today to schedule a free consultation.