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Criminal Defense · Georgia

Weapons charges: possession by a felon, firearms in a crime, carry offenses

Former prosecutor. Now on your side.

Georgia is a Constitutional carry state, meaning that you can possess and carry most firearms in Georgia without a license. However, if you are a felon or are committing a crime, possession of a firearm is illegal. Firearms charges can result in significantly increased punishment and your case being prosecuted federally.

Reviewed by Brandon Delfunt ·

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.

Answered by Brandon Delfunt · Updated September 2026

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.

Answered by Brandon Delfunt · Updated September 2026

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.

Answered by Brandon Delfunt · Updated September 2026

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.

Answered by Brandon Delfunt · Updated September 2026

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.

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