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Atlanta Criminal Defense Lawyers > Blog > Gun Crimes > What Can Prevent You From Being Able to Own a Gun?

What Can Prevent You From Being Able to Own a Gun?

Gun rights and gun restriction laws are always a hot topic, but become even more so after reports of someone using a gun to commit a serious or savage crime. No matter where you stand on one’s right to own a firearm, there are those who, by law, are not permitted to have a weapon in their possession, much less own one.

Federal Law

Under federal law, a person who falls within a certain category may not purchase or possess a gun. These people include convicted felons, people with certain mental health issues, and people who have been convicted of domestic abuse or violence. People who the federal government doesn’t ban from gun ownership include those who committed crimes as juveniles, people who have a known history of drug or alcohol abuse, people who have been convicted of some violent crimes, and those who have non-specified mental illnesses.

State Law

Currently, Vermont is the only state in the nation that places no restriction on the purchase or possession of firearms. Other states strictly follow federal law, and still others have added their own laws in an attempt to tighten federal law. In Georgia, the laws are considered somewhat mild when compared to the laws in place in other states.

Illegal Weapons in Georgia

There are some weapons that are restricted in Georgia. These include any sawed-off rifle or shotgun, machine gun or dangerous weapon like a rocket launcher. People are also prohibited from possessing silencers for the weapons they do own.

Restrictions on Ownership in Georgia

In Georgia, certain people may not own a firearm. These include convicted felons, any person convicted of an offense that arises from a serious drug crime, a fugitive from justice, and any person with pending felony charges. Additionally, anyone who has been an inpatient at a drug or alcohol treatment center or mental hospital within five years of applying for the purchase of a weapon will be denied.

When a person in Georgia violates these restrictions, they can be charged with a felony. Punishment for conviction will depend on the circumstances of the crime, past criminal history and the judge’s discretion. It is extremely important before purchasing or possessing a firearm in Georgia that you are well aware of your right to do so. If you are found to be in possession of a firearm without the legal ability to do so, you could be facing criminal charges.

If you have been charged with a gun crime in DeKalb County, you are facing serious consequences if you are found guilty. Call our office today to speak with a member of our team. We will help you schedule a free case evaluation at which time we will discuss the unique nature of your charges and help you make appropriate legal decisions. You do not want to fight charges as serious as this alone. Reach out to our team now or browse our website for more information about our firm and the types of cases we handle.

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