The Second Amendment of the United States Constitution provides the foundation for our right to bear arms. The United States Supreme Court has interpreted this to mean that we have a right to possess firearms. In Georgia, if you've been convicted as a felon by any court, within the state of Georgia, or courts within the United States, you may no longer possess a firearm. Additionally, if you are a First Offender Probationer as a result of a felony charge, you may not possess a firearm during the term of your probation.
O.C.G.A. 16-11-131 lays out the relevant law regarding possession of firearms by convicted felons and felony First Offender probationers.
O.C.G.A. 16-11-131 states in essence that any person on probation as a felony First Offender pursuant to Article 3 of Chapter 8 of Title 42 or has been convicted of a
felony and who RECEIVES, POSSESSES, OR TRANSPORTS ANY FIREARMS commits a felony, and upon conviction thereof, shall be imprisoned for one to five years. If a forcible felony, then a conviction shall bring imprisonment for a period of five years.
For the purposes of this section, O.C.G.A. defines a firearm as any handgun, rifle, shotgun, or other weapon which will or can be converted to expel a projectile by the action of an explosive or electrical charge. In our next discussion, I will delve more into this subject area. If you've been arrested for Possession of a Firearm by a Convicted Felon or First Offender probationer, call the Law Office of Robert L. Booker, P.C. today. We will provide you with a thorough evaluation of your case, and discuss with you with options for effectively defending your case.