The charges we see most
- Possession of a firearm by a convicted felon or first-offender probationer (O.C.G.A. 16-11-131): one to ten years, five-year minimum for some prior convictions
- Possession of a firearm during the commission of a felony (O.C.G.A. 16-11-106): a mandatory five years, consecutive to the underlying sentence
- Carrying in a prohibited place (school, courthouse, government building) or while under the influence
- Theft by receiving a stolen firearm, and altered or removed serial numbers
- Federal charges under 18 U.S.C. 922(g) and 924(c) in the Northern District of Georgia, where sentencing guidelines and mandatory minimums are harsher still
What the defense turns on
Cases involving the possession of firearms depend on whether the firearm was in your actual possession or the State is relying on “constructive possession” of a weapon in a shared car or house. Whether the search that found it was lawful; whether you knew it was there; and whether the prior conviction the State relies on actually qualifies are things that we investigate and use to defend you. Brandon examined these questions from the other side during his twelve years as a prosecutor and knows where the State’s cases are weakest.
Common questions
What is the penalty for a felon in possession of a firearm in Georgia?
One to ten years in prison under O.C.G.A. 16-11-131, with a five-year minimum if the prior conviction was for a forcible felony. Federal prosecution under 18 U.S.C. 922(g) is also possible and carries up to fifteen years.
Can I be charged if the gun was in someone else’s car?
Yes, under constructive possession, if the State can show you knew about the gun and had the ability to control it. Mere presence in the car is not enough, and that is frequently where these cases are won.
Does a first offender plea count as a conviction for gun purposes?
While you are on first offender probation you are prohibited from possessing a firearm under Georgia law. After successful discharge, Georgia treats you as not convicted, though federal law and other states may see it differently. Ask before you buy or carry.
Can I get my gun rights back after a felony?
In Georgia, a pardon from the State Board of Pardons and Paroles that specifically restores firearm rights can do it. It is a separate application with its own waiting period, and Brandon can advise whether you are eligible.
This page is general information about Georgia criminal law and is not legal advice about your case. Prior results do not guarantee a similar outcome. Every case is different.