Atlanta Gun Charges Lawyers

If you have been charged with gun-related crimes in the State of Georgia, you need to respond to these serious charges immediately.

If you are convicted of gun crimes, you may be facing decades in prison and lose your right to bear arms. High sentences are typical for gun charges because they are often tacked on to other charges. You need immediate legal advice to navigate your interactions with law enforcement and assistance to prepare for court.

For the past 70 years, the lawyers of Garland, Samuel & Loeb have displayed a commitment to vigorously defending those accused of serious crimes such as firearm charges. To this day, our lawyers strongly adhere to our commitment to tenacious advocacy for our clients in the southeastern United States and beyond. Contact us for a free consultation.

While you wait to hear back from our law office, you may want to learn more about Georgia’s gun laws or the federal laws that may affect your case. The information below may provide you with some important facts.

What Do I Need to Know about My Gun Charges?

Georgia has several laws regarding the possession of weapons. Some are misdemeanor charges, but many carry serious penalties.

Laws like Section 16-11-123 ban the unlawful possession of firearms or weapons. This law makes it a criminal offense to be in possession of a sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon, or silencer. If convicted, you can be imprisoned for five years.

Dangerous weapons, as described in the list above, means any weapon commonly known as a “rocket launcher,” “bazooka,” or “recoilless rifle” which fires explosive or nonexplosive rockets designed to injure or kill personnel or destroy heavy armor, or similar weapon used for these purposes.

In Georgia, “felon in possession” is usually an additional charge that is added when a felon is arrested for a different crime and is found to have possessed a firearm. Gun charges raise the stakes of the criminal case considerably. For example:

Punishment for the gun possession charge is added consecutively to any punishment for the underlying offense.
In federal court, possession of a firearm can be used as an enhancement under the federal sentencing guidelines, which would make the accused ineligible for a prison sentence below the mandatory minimum.
Possession of a gun during the commission of a felony can make the underlying charge more serious. For example, converting an assault into an aggravated assault.
You could be subject to the Armed Career Criminal Act of 1984, which provides sentence enhancements for felons who commit crimes with firearms.

How We Create a Solid Gun Charge Defense Case and Fight for You

Our gun lawyers have the skill and determination to pursue your case's legal and factual issues aggressively.

For example, possession of the weapon has to be “knowing possession”, meaning if the gun was in your car, the prosecutor has to prove that you knew it was there. If you lacked knowledge that the gun was in your possession, then your act is not considered intentional.

If someone else was in your car with you, the prosecutor has to prove that you were in possession of the gun, and not the other person. The gun evidence can be suppressed if the search and seizure were unlawful.

Sometimes, you may be a victim of mistaken identity. Both police and witnesses can make mistakes and identify incorrect individuals. This defense benefits from a very strongly documented alibi, but when one exists, it may be possible to have the charges dropped before you even go to trial.

There are many other ways to call the state’s gun crime evidence into question. Our defense lawyers may seek to demonstrate that the state violated your rights while collecting the evidence against you. We may also attack a lack of evidence when it exists or question whether you were charged with the right offense.

Before your trial, it may be possible to have your charges dismissed or reduced. If your case goes to trial, we will represent you in court as your trial lawyers.

We have argued cases involving most weapon crimes in Georgia and have experience keeping weapons violations off our clients’ criminal records.

Contact Our Team of Gun Charge Attorneys

As Atlanta’s firearm defense firm, we do everything possible to protect our clients when they face weapon charges in Georgia. Our law firm has experience with many types of weapons charges, including those that involve owning a weapon as a convicted felon, concealed weapons, silencers, handguns, and weapons that might be characterized as machine guns.

To learn more about how we can help you, you’ll need to help us understand your situation. You can have all of your questions answered in a free consultation. Get started today by leaving your information on our gun charges contact form.

FAQs About Gun Laws in Georgia

The sentence depends on the person's criminal history. Generally, someone who is convicted of felon in possession of a firearm will be sentenced somewhere between one and ten years. That range can change depending on whether it's the person's first conviction for such a crime, and whether their prior conviction was for a forcible felony.

A lawyer is vital to defending you against a firearms offense case. A lawyer can analyze the facts of your case to see if there were any legal problems with the search of your property, or to determine whether you have a valid defense as to whether you actually possessed the firearm.

It depends on whether you are prohibited from carrying a gun for some reason. Anyone with a felony conviction cannot legally possess a gun. If you are on "first offender probation" you cannot possess a gun. If you have been convicted of a family violence offense (even a misdemeanor) or are subject to a protective order, then you cannot legally possess a gun.

Georgia used to require a permit in order to carry a gun in a concealed manner. That law was changed in 2022. Now, Georgia law provides: "Any person who is not prohibited by law from possessing a handgun or long gun may have or carry on his or her person a weapon or long gun on his or her property or inside his or her home, motor vehicle, or place of business."

Once someone has been convicted of a felony, the only way their gun rights can be restored is by obtaining a pardon from the Georgia Board of Pardons and Parole. The cost to submit such an application can vary.

Defending against a gun possession charge will depend on the circumstances of your case. You need an experienced lawyer who can analyze your case to see if there were any legal errors with the search of your property, or whether there is a defense as to whether or not you actually possessed the firearm.

Yes, you can carry a loaded gun in Georgia, presuming that you are legally authorized to possess a firearm.

No. Georgia law does not distinguish between the types of felons who are prohibited from carrying a weapon.

Yes, unless the judge orders otherwise. The defendant must make sure that if there is a search of the house, the police will readily see that the gun is owned and possessed by somebody other than the defendant.

Yes, as long as you are a "lawful weapons carrier." A lawful weapons carrier is: "any person who is licensed or eligible for a license pursuant to Code Section 16-11-129 and who is not otherwise prohibited by law from possessing a weapon or long gun, any resident of any other state who would otherwise be eligible to obtain a license pursuant to such Code section but for the residency requirement, and any person licensed to carry a weapon in any other state."

Federal law forbids anyone who is convicted of a family violence or domestic violence crime from possessing a firearm. Georgia misdemeanors and felony crimes can both count as these types of charges.

How Can We Help You?

When you hire the law firm of Garland, Samuel & Loeb, you can rely on us to do everything in our power to reach the best possible outcome in your case. Whether you have suffered a serious injury in an accident or are facing criminal charges, our attorneys will fight to see that your rights are protected from the start.