First offender felon in Georgia, Am I able to purchase/own a firearm legally?

Asked about 1 year ago - Atlanta, GA

First offender felon in Georgia, sentence and probation was completed a few years ago. Am I able to purchase/own a firearm legally? If so, am I able to have a carry permit? If not, what do i do to become elligible for firearm ownership?

Attorney answers (4)

  1. Benjamin David Goldberg

    Pro

    Contributor Level 17

    9

    Lawyers agree

    Answered . So long as you successfully completed the first offender probation, you don't otherwise have any felony convictions and you don't have any domestic violence convictions, yes, you can legally purchase and possess firearms.

  2. Carl Santos Cansino

    Contributor Level 13

    7

    Lawyers agree

    Answered . The answer to your question is generally "yes." However, there are some offenses, example family violence that precludes purchase of a firearm even if completed under first offender act.

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  3. John Arnold Steakley

    Contributor Level 18

    6

    Lawyers agree

    Answered . Yes you can.

    18 USC 921 reads "What constitutes a conviction of such a crime shall be determined in accordance with the law of the jurisdiction in which the proceedings were held. Any conviction which has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for purposes of this chapter, unless such pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms."

    In other words, the Feds defer to the States to determine who is and isn't a "felon" for purposes of 18 USC 922. So if your First Offender plea was completed without adjudication, Georgia doesn't consider you a felon and therefore the US government doesn't either (for purposes of 18 USC 922, at least).

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  4. James Donald Garrett

    Contributor Level 20

    3

    Lawyers agree

    Answered . No. There is a federal statute that strictly forbids any felon from possession a firearm or even ammunition (even one round can be charged as a crime). It doesn't matter what the law is in Georgia, Virginia, or any other state. The federal law preempts those laws.

    I am licensed to practice law in VA, not your state. As such, I may be unaware of certain state laws; therefore, my response may be wrong or irrelevant. Please use my response for informational purposes only and contact a local attorney for legal advice.

    Good luck.

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    James Garrett
    Garrett Law Group, PLC
    http://www.garrettlawgroup.com
    jd@garrettlawgroup.com
    (757) 422-4646 - 24 hour Service

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