Convicted Felons, First Offender Probationers, and Possession of Firearms

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.