Illegal Possession of a Firearm: Defenses Against Weapons Charges in Georgia

Georgia takes weapons charges seriously, particularly when it comes to the illegal possession of a firearm. While the state does have relatively broad gun rights compared to many others, there are strict laws about who may legally possess a firearm, how it can be carried, and under what circumstances.

A person may face criminal charges for firearm possession if:

• They are a convicted felon and are found with a firearm.
• They carry a gun without a valid Georgia Weapons Carry License (in situations where one is required).
• They possess a firearm while committing another crime, such as drug trafficking, burglary, or assault.
• They are underage and not legally permitted to own or carry a firearm.
• They possess a firearm in a restricted location, such as a school, government building, or secure airport area.

Convictions for illegal possession can result in heavy fines, probation, and lengthy prison sentences — especially if the charge is tied to another felony offense.

Penalties for Illegal Firearm Possession

The consequences for unlawful possession depend on the facts of the case and the individual’s prior record. Some common outcomes include:

• Misdemeanor charges for carrying a weapon without a license in certain cases.
• Felony charges for possession of a firearm by a convicted felon, punishable by 1–10 years in prison.
• Sentence enhancements if the firearm was involved in another crime, leading to longer prison terms.
• Loss of civil rights, including the right to vote or own a firearm in the future.

Because the penalties are severe, building a strong defense with the help of an experienced weapons charges lawyer is critical.

Common Defenses Against Illegal Firearm Possession Charges

Every case is different, but there are several defense strategies that may be effective in fighting unlawful possession charges in Georgia.

1. Unlawful Search and Seizure

The Fourth Amendment protects individuals from illegal searches and seizures. If law enforcement found the firearm during a traffic stop, home search, or pat-down without proper justification, the evidence may be thrown out. Without the firearm as evidence, the prosecution’s case may collapse.

2. Lack of Knowledge or Possession

To secure a conviction, prosecutors must prove that the defendant knowingly possessed the firearm. If the gun was found in a shared car or home, the defense may argue that the accused had no knowledge of its presence. Constructive possession cases are often difficult for the state to prove beyond a reasonable doubt.

3. Valid Permit or License

Sometimes, charges are filed because of confusion over licensing. If the defendant actually had a valid Georgia Weapons Carry License at the time, the case may be dismissed.

4. Restoration of Rights

In some cases, individuals with past convictions may have had their firearm rights legally restored. Presenting this documentation can serve as a complete defense.

5. Self-Defense Exception

If the firearm was used or carried in a legitimate act of self-defense, Georgia’s strong self-defense laws may provide protection.

6. Mistaken Identity or Wrongful Arrest

If law enforcement misidentified the suspect or the gun was linked incorrectly to the defendant, these mistakes can form the basis of a strong defense.

Why Weapons Charges Are Complex

Weapons cases often involve overlapping state and federal laws, which makes them particularly complex. For example, a person convicted of illegal possession under Georgia law may also face federal charges for the same conduct. Federal convictions typically carry harsher penalties, including mandatory minimum prison sentences.

Additionally, prosecutors may attempt to add charges like possession during the commission of a felony, which can significantly increase exposure to prison time.

An experienced Atlanta weapons charges lawyer can identify weaknesses in the prosecution’s case, file motions to suppress evidence, and build a defense tailored to the facts.

How JD Law Group Helps Clients

At JD Law Group, we know how stressful and intimidating weapons charges can be. Our defense team takes a proactive approach, including:

• Reviewing the arrest and all police procedures for constitutional violations.
• Challenging the evidence and seeking to suppress illegally obtained firearms.
• Investigating whether the accused had a valid license, or if their rights were restored.
• Exploring plea agreements or reduced charges when appropriate.
• Fighting aggressively in court when trial is necessary.

Our goal is always to minimize the consequences our clients face — or eliminate the charges entirely.

Frequently Asked Questions

Can I be charged if the gun wasn’t mine?
Yes, but the prosecution must prove you knowingly possessed it. A defense lawyer can challenge constructive possession claims.

What if I’m a felon and was caught with a firearm at home?
Possession of a firearm by a convicted felon is a serious felony charge in Georgia. However, defenses may still be available, especially if the firearm was discovered during an unlawful search.

Is carrying without a license always a crime?
Not always. Georgia has specific exceptions for carrying in certain situations, but misunderstanding the law can still lead to arrest.

Can these charges be expunged?
Some weapons charges may be eligible for record restriction under Georgia law, but felony convictions often remain permanent.

Protecting Your Rights Against Weapons Charges

Being accused of illegal firearm possession does not mean you are automatically guilty. With the right defense, many people are able to reduce charges, avoid jail time, or even have their cases dismissed.

If you or a loved one is facing weapons charges in Atlanta or anywhere in Georgia, don’t wait. The sooner you involve an experienced defense lawyer, the stronger your case will be.

Call JD Law Group today for a free consultation and let us fight to protect your rights, your freedom, and your future.