Most people have heard that a drug conviction will prevent you from obtaining a license to carry a gun in Georgia. But, a careful reading of the statutes, makes this Georgia lawyer say: Think again!
Code Section 16-11-129(b)(5)(A) & (B) is where we first see the law preventing those convicted of drug offenses from obtaining a license. It is easy to assume that this includes marijuana. Reading further, a person must have been convicted of a "controlled substance" or a "dangerous drug". These are legal terms that carry specific meaning. Within these legal definitions, marijuana is not included.
Upon reviewing the definition for controlled substance in paragraph (4) of Section 16-13-21, we learn that marijuana is not listed in one of the five drug schedules. Nor is marijuana listed in the definition of dangerous drugs. In fact, marijuana has its own definition and its own code sections tha fall outside of the licensure exclusions stated in 16-11-129.
Now how do I obtain a license
The statutes require every county probate court to carry a free license application. The Department of Public Safety furnishes these applications and license forms. There will be a fee to obtain a license, but it should be good for five years unless a crime is committed during the application process or after the license is issued that would disqualify a person from licensure.
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