If you're coping with a charge intended for possession of a firearm by a convicted felon Georgia , you already understand the stakes are incredibly high plus the legal program doesn't offer very much wiggle room. It's one of all those charges that may catch people off guard, especially if they thought their particular past was at the rear of them or they will didn't realize that "possession" doesn't always mean the weapon was tucked directly into their waistband. Georgia takes its weapon laws seriously, so when you combine guns with a previous felony conviction, the particular prosecutors usually aren't looking to do many favors.
The actual Georgia legislation actually says
In plain English, Georgia Code Section 16-11-131 makes it illegal for anybody who has been convicted of a felony—either in Georgia, an additional state, or below federal law—to have, carry, or transportation any firearm. It sounds straightforward, but there are some nuances that vacation people up.
For starters, this particular doesn't just utilize to people who have finished their sentence. In case you are presently on probation intended for a felony under Georgia's First Offender Act, you're nevertheless prohibited from getting a gun. Actually if you haven't been "convicted" within the traditional sense yet because you're nevertheless finishing your probation, the law treats you as a felon for the particular purposes of firearm possession. This catches a lot of people by surprise because they think their First Offender status protects all of them from this particular restriction. It doesn't.
Also, this doesn't matter in case your original criminal offence was non-violent. You could have a 15-year-old conviction for a low-level medication possession or a white-collar financial criminal offense. In the eyes of the law, a felon is a felon, as well as the restriction upon firearms applies across the board.
The difference among actual and constructive possession
This is how things get really sticky. Most individuals imagine if the particular gun wasn't on their person, these people weren't "possessing" it. That's a dangerous assumption to make. In Georgia, the courts look with two types of possession: actual and constructive.
Actual possession is what you'd expect. The gun is in your hand, in your pocket, or in a holster on the hip. If the law enforcement find a tool directly on you, that's actual possession, and it's pretty difficult to argue against.
Positive possession is a lot broader plus far more common within these types of cases. This means that while the gun wasn't physically on a person, you had "dominion plus control" over this. Think of this this way: if you're a convicted felon and there's a handgun in the glovebox of the car you're driving, or even under the mattress within your bedroom, the state will claim you were within constructive possession of it.
Even if the gun belongs in order to your spouse or a roommate, you are able to still get charged if the criminal prosecution can be you knew it was there plus had the ability to gain access to it. This network marketing leads to all sorts of messy situations exactly where someone gets caught because their partner keeps a gun in the house for protection, ignorant how the felon residing there is certainly technically busting the law simply by being in the same home since the weapon.
What qualifies as a "firearm" under this law?
You might believe you're safe in case the gun is definitely broken or doesn't have ammunition, but Georgia law is definitely pretty broad here too. The statute defines a firearm as any tool designed to (or may readily be transformed to) expel a projectile by the action of an explosive.
Generally, this consists of handguns, rifles, plus shotguns. While some antique firearms or specific types of dark powder guns might fall into a gray area based on how they're grouped, you really don't wish to test those limits. If this looks like a gun and functions like a weapon, Georgia police are likely to treat it like a gun.
The penalties are no joke
In case you're convicted of possession of a firearm by a convicted felon Georgia , the consequences are heavy. We all aren't talking about a slap on the wrist or even a simple good. This is a felony charge in the own right.
Usually, the charges for a first offense is a single to ten yrs in prison. Nevertheless, if the fundamental felony you had been originally convicted of was a "forcible felony" (like armed robbery, kidnapping, or even aggravated assault), the particular stakes get even higher. If you're caught with a gun after a forcible felony certainty, you will be looking with a mandatory minimum of five yrs in prison.
It's furthermore important to remember that these charges frequently come as a good "add-on" to additional charges. When the law enforcement stop you for something else and find a gun, you're looking at your own original trouble plus the firearm cost. It's a "force multiplier" for your prison time.
Federal government vs. State fees
One of the scariest parts about a possession of a firearm by a convicted felon Georgia situation is it may also be a federal crime. Below 18 U. H. C. § 922(g), it is a federal offense for a felon to have a firearm that will has traveled in interstate commerce (which is almost every gun).
Federal government prosecutors are often even tougher compared to state ones. They will have higher certainty rates and the federal sentencing suggestions are notoriously firm. Sometimes the condition will drop their particular charges when the feds decide to pick up the case, but you definitely don't want to be in a place where you're battling the federal government. They have deep pockets and a lot of resources.
Common defenses that truly function
It's not all doom and gloom, though. Simply because someone is charged doesn't mean they'll be convicted. A good defense frequently hinges on just how the police discovered the gun within the first location.
- Last Amendment Violations: When the law enforcement searched your vehicle or even your home without a valid cause, or without possible cause, the evidence (the gun) may be suppressed. In the event that the judge throws the gun away of evidence, their state usually doesn't possess a case remaining.
- Absence of Knowledge: Especially within constructive possession situations, their state has to prove you knew the gun was there. In the event that you were traveling a friend's car and didn't know they had a pistol tucked below the seat, that's a valid defense.
- Temporary Possession: In some very specific, rare situations, if you just held the gun for a split second (perhaps in order to take it away from someone else or to move this out of reach of a child), a lawyer may be able to argue you weren't "possessing" it in the legal feeling.
- Privileges Restoration: Occasionally, people are usually charged even even though they've had their rights restored plus the records just haven't been updated. If you've received a pardon that will specifically restores your own right to have a firearm, that's a complete defense.
Are you able to ever get your gun privileges back in Georgia?
This is definitely a question that comes up a lot. People want in order to know if a felony conviction is definitely a permanent "no" for the rest of their life. In Georgia, it's difficult, but not impossible.
You can't just wait 10 years and possess it happen immediately. You generally have got to make an application for a pardon through the Georgia State Board of Pardons and Paroles. Getting a pardon is a long, tedious process, plus you usually have to await at minimum five years right after completing your entire sentence (including probation) just before you can also apply. Even then, you need to specifically request that the firearm privileges be restored as part of that will pardon.
It's a high pub to clear. You have to show that you've been a model citizen, stayed away of trouble, and also have a good reason for wanting your own rights back.
Why you need to take this particular seriously
The legal system in Georgia isn't developed to be friendly to those with a criminal report who are found with weapons. Prosecutors often use these charges as leverage to get responsible pleas on some other cases, and judges aren't always sympathetic to the "I didn't know" excuse.
If you or somebody you know is usually facing a charge for possession of a firearm by a convicted felon Georgia , the best thing that can be done is remain quiet and get a lawyer included immediately. Don't try to explain this away to the particular cops—you'll likely just end up admitting in order to constructive possession with no realizing it. Every single word you state has been recorded plus will be used to build the situation against you.
The truth is that a single mistake or even a misunderstanding of legislation can prospect back to a prison cell. Navigating these waters requires someone who understands the local courts, understands the nuances of possession laws, plus can spot when the police overstepped their bounds. It's a tough spot to be in, but understanding the rules is the first step toward battling back.