Weapons and firearm charges in Georgia can arise out of police searches, such as a traffic stop, or as part of a broader police investigation. While Georgia law permits many individuals to lawfully carry a firearm, criminal charges can arise where an individual is believed to be unlawfully carrying a weapon or in possession of a firearm after being a convicted felon. Understanding the specific charges that you face is an important part of defending against allegations of unlawful conduct
Weapons and Firearms Charges in Georgia
Like many states, Georgia law regulates when and how firearms can be carried and how Georgia residents may legally possess firearms. Under Georgia law, convicted felons cannot possess, receive, or transport a firearm. If they are discovered with a firearm in their possession, they can face up to ten years in prison. Georgia law also prohibits the unlawful possession of excessively dangerous weapons such as sawed-off shotguns, machine guns, and explosive rocket launchers.
Even if you are legally allowed to carry a firearm in the state, you may be prohibited from carrying a weapon in certain locations, such as government buildings, courthouses, state mental health facilities, and school safety zones. Here, having a weapon on your person can result in misdemeanor charges. Likewise, even lawfully carrying a weapon can be a crime if you are in possession of that weapon while committing another felony, or where you point or aim a gun at someone without legal justification.
Defending Against Weapons Charges
Defending against a weapons or firearm charge often requires evaluating how police obtained evidence of your possession of a weapon or firearm. For example, you may need to review the circumstances of your traffic stop or home search to ensure the police followed proper procedures and respected your constitutional rights. If a stop or search was improper, you may have grounds to exclude evidence of your firearm from court.
If your weapons charge results from being in a particular location or from alleged behavior such as pointing the weapon, you may be able to dispute the truth and accuracy of those allegations. For example, witness testimony may help to establish that you were not in a school zone or did not intentionally aim your weapon at a particular individual.
Crafting a Careful Defense
Although weapons and firearm charges can be intimidating, they do not automatically mean a criminal conviction. An experienced Georgia criminal defense attorney like Omar A. Cooper can help you review the circumstances of your arrest holistically, identify errors in police conduct, find opportunities to contest evidence, and explore options for mounting a strong defense.
At Village Counsel Law Firm, Mr. Cooper works with Georgia residents facing weapons charges, thoughtfully and comprehensively explains the circumstances of your case, and fights aggressively for your rights in the courtroom. For more information, contact us today.