Weapon Charges Lawyer in Cumming
Comprehensive Knowledge of Georgia Gun Laws
State laws governing firearms explain when you need a license to carry a weapon, where you can carry your firearms and what the penalties are for breaking the laws. It is important to know Georgia’s law surrounding your right to carry a firearm and the possible penalties you may face for breaking the laws.
Call our Cumming weapon crimes attorney today at (678) 257-4507 to find out how we can assist you.
State residents at or above the age of 21 are legally allowed to store firearms in their home, business, or vehicle. However, to carry a firearm outside of your property, you must apply for a license with the county probate court. To carry your gun in sporting or hunting activities, you must have a valid hunting license permit.
To apply for a license at your county probate court, you will need:
- An official form of identification,
- Your payment, (while $75 is an average fee for licensing and fingerprinting, costs vary by county. Contact your local probate court for details)
- A self-addressed, stamped envelope (if you would like your license mailed to you).
A county probate judge will, within 5 days, request a background check and your criminal record. Roughly a month later, these checks will be completed and law enforcement will determine whether or not you can receive a license. These licenses are valid for five years at a time, and you should apply for renewal at least two months before your existing license expires.
Under Georgia law, you may be found guilty of a misdemeanor if you:
- Carried a gun outside of your property without a current hunting or firearm license
- Pointed a gun or pistol at another person, intentionally, and entirely without legal justification. Whether or not the firearm is loaded is irrelevant to the charge
- Fired a firearm without legal justification within 50 yards of a public street or highway
- Discharged a firearm while on private property, without the permission of the property owner
- Discharged a firearm while intoxicated
Restoring Your Firearms Rights After a Felony Conviction
If you are convicted of a felony, you lose your Second Amendment right to carry, possess, and transport firearms. However, under Georgia law, you may have your firearm rights restored if certain conditions are met. To apply to restore your firearm rights, you must have not been convicted of a crime for five years after completing your sentence. You will also need at least three character references. The State will not restore your gun rights if your offense involved the use or possession of a firearm. These applications take time and it typically takes around 9 months for a response from the State of Georgia.
Contact an Experienced Cumming Attorney for Firearm Charges
If you have been charged with a misdemeanor or felony involving a firearm, or if you want to restore your firearms rights, an experienced criminal defense attorney can help you through the process and fight to protect your constitutional rights.
To schedule a free consultation and case evaluation in Suwanee, Johns Creek, Cumming, Forsyth County, Gwinnett County, Dawsonville, Dahlonega, Lumpkin County, or Dawson County, please call our office today at (678) 257-4507. You may also schedule a consultation online.
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