Fulton County Gun Lawyer
In a general sense, Georgia state law supports the Second Amendment rights of Fulton County residents to possess and carry firearms. However, there are several restrictions on when and where you can carry a weapon in Georgia that, if not heeded, could lead to criminal charges and consequences.
Understanding the rights and responsibilities you have as a gun owner in Georgia could be made easier with guidance from one of our knowledgeable attorneys at Hawkins Spizman. Likewise, if you are facing criminal allegations related to gun ownership and/or usage, a Fulton County gun lawyer could work with you to structure a comprehensive and effective defense.
What are the License Requirements to Own a Gun in Fulton County?
The law treats Georgia residents very differently when they have a Weapons Carry License (WCL) issued by either the state of Georgia or one of the 32 states from which Georgia recognizes concealed-carry permits. When it comes to these licenses, Georgia is a “shall-issue” state, which means that issuing authorities must provide a permit to anyone requesting one in Fulton County who meets the following criteria:
- At least 21 years old, or at least 18 years old if enlisted in the military
- A U.S. citizen or legal alien
- A resident of Fulton County
- Has not had a weapons license revoked within three years of their application date
- Is not otherwise barred from legally possessing a firearm
The state of Georgia does not require background checks for guns sold by private individuals, nor does it require registration of the purchased firearm. Furthermore, Official Code of Georgia §16-11-126 specifies that a license is not necessary for a person to carry a handgun or long gun inside their own home, vehicle, or business.
However, under O.C.G.A. §16-11-127, no person in Georgia—with the exception of those specifically exempted from this statute by O.C.G.A. §16-11-130—may carry a firearm with or without a license in any of the following locations:
- Government buildings, including courthouses
- Places of worship, unless given explicit permission by the governing authority of said place of worship
- Inside any jail, prison, or state-run mental health facility
- On school grounds, with certain exceptions
- Within 150 feet of a polling location while an election is underway
A gun attorney could offer further clarification about which restrictions, if any, might apply to a Fulton County firearm and/or owner in a given situation.
Gun-Related Criminal Offenses
Under O.C.G.A §16-11-126, any person in Georgia who violates state regulations regarding ownership, licensing, and/or carrying in public may be charged with a misdemeanor for their first offense. Like other misdemeanor offenses in Georgia, this type of offense is typically punishable by a maximum of 12 months imprisonment and up to $1,000 in fines.
A second offense within a single five-year period is a felony offense punishable by no less than two and no more than five years in prison. Furthermore, other criminal offenses like assault and robbery may be more severely punished if a firearm is used or even presented during the commission of the crime. Guidance from a gun lawyer in Fulton County could be crucial to achieving a positive outcome in situations like this.
Discuss Your Legal Options With a Fulton County Gun Attorney
While Georgia generally does not restrict the rights of residents without felony records to own firearms, there are various laws that govern where firearms can be carried and who can carry them. Since failing to abide by these regulations may result in criminal penalties as well as the loss of your right to own a firearm, retaining skilled legal counsel can be especially important.
If you end up facing gun-related charges, talking to a Fulton County gun lawyer at Hawkins Spizman should be your priority. Call today to schedule an initial consultation.