Can a Felon Own a Gun in Georgia? Cobb County Gun Charges

Can a felon own a gun in Georgia? Generally, no. Under Georgia law, possession of a firearm by a convicted felon is charged as a separate felony offense, and the State may bring that charge even when no other crime is alleged. People who search "can a convicted felon own a gun" after finishing a sentence often assume the right comes back on its own once probation ends. In Georgia, it does not. Federal law separately bars firearm possession by people with felony convictions, so a single incident can create exposure in two court systems. This page explains the Georgia rule, the penalties a conviction carries, the constructive possession trap that reaches guns owned by other people, and how firearm rights may be restored.

Can a Felon Own a Gun in Georgia?

The prohibition reaches anyone convicted of a felony whose firearm rights have not been restored. It also reaches people who are fugitives from justice and people with felony charges still pending. The conviction does not have to be recent, and it does not have to come from a Georgia court. Once the prohibition applies, the presence of a firearm during any encounter with law enforcement can produce a new charge.

How the earlier case ended matters, and it is worth checking rather than assuming. A guilty plea, a jury verdict, and a case that closed without an adjudication of guilt are not the same thing on paper. Anyone unsure of what their record actually shows should have a lawyer pull the disposition before drawing conclusions about firearm rights.

The statute draws no violent versus non-violent line for the base offense. Searchers often ask "can a non violent felon own a gun," expecting theft, fraud, or drug convictions to sit outside the rule. They generally do not. The nature of the prior conviction matters at sentencing, not at the threshold question of whether the prohibition applies. So the answer to "can a convicted felon own a firearm" is the same whether the underlying felony involved violence or not.

The prohibition also covers firearms generally, not just handguns. Two of the most common questions are "can a felon possess a shotgun" and "Can I own a shotgun with a felony?" Long guns, shotguns, and hunting rifles are not carved out of the statute. A weapon kept for deer season carries the same legal risk as a pistol kept in a nightstand. Readers who ask "can you own a firearm with a felony" because the gun was inherited, unloaded, antique, or inoperable should not assume those facts place the item outside the law. Whether a particular object qualifies is fact-specific, and it deserves review with an attorney before anyone acts on a guess. Prosecutors in neighboring Gwinnett County pursue unlawful possession of a firearm cases with the same seriousness.

Penalties for Felon in Possession of a Firearm

Georgia's felon-in-possession statute makes this a felony in its own right. A first conviction is punishable by one to ten years in prison. Where the person's prior conviction was for a forcible felony, the law requires a five-year term. That five-year figure is a mandatory floor tied to a violent prior. It is not a cap on what anyone else faces.

The charge is prosecuted separately from, and in addition to, whatever offense brought officers to the scene. A traffic stop that produces drug charges can produce a firearm count alongside them, and a person can face both. Georgia also treats possessing a firearm during the commission of a felony as its own offense, which stacks on top of the underlying charge.

Federal authorities sometimes prosecute firearm possession by people with felony convictions. Federal law bars firearm possession by anyone convicted of a crime punishable by more than one year in prison, so a single incident can be charged in either system. A federal case follows different rules, a different discovery schedule, and a different sentencing framework, and a defendant does not control which office takes it. Whether Georgia relief also lifts the federal bar depends on the terms of that relief, so the paperwork is worth reading closely. All of this is why a state gun arrest deserves to be treated as serious from day one.

What happens if a felon gets caught with a gun usually follows a familiar path. Officers make an arrest, and a prosecutor then decides what to charge and whether to seek an indictment. Bond comes early, and firearm allegations often shape the conditions a judge sets. The defense reviews the State's discovery next: the incident report, body camera and dashcam video, any recorded statements, and the property records showing where the weapon was found and who claimed it.

A firearm count also changes the shape of the whole case. Bond conditions, plea discussions, and any probation a court considers all look different once a gun sits in the file. That is why the defense usually treats the possession element as the main battleground, and asks whether the State can prove the client knew the weapon was there and could control it. Proof that someone else owned the gun does not answer that question by itself.

Suppression litigation frequently drives these cases. If the stop, the pat-down, or the search of a car or a home was unlawful, the defense can ask the court to exclude the firearm. Without the gun, the State's proof of possession may not hold together. Whether that argument works depends entirely on the facts of the search.

Can a Felon Be Around a Gun Owned by Someone Else?

The question "can a felon be around a gun" has no clean yes or no answer. Georgia prosecutors can pursue a possession charge without the firearm ever being on the person. The theory is constructive possession, and the State argues that the person knowingly had the power and the intention to exercise control over the weapon.

That theory reaches ordinary situations. An unsecured shotgun in a shared closet, a pistol in the console of a car the person drives, or a rifle in a jointly used garage can each support a constructive possession argument. Whether it succeeds turns on who had access, who owned the gun, where it was stored, and what the person said to officers.

Cars draw a large share of these charges. When officers find a gun in a vehicle, the State often argues that anyone with access to it possessed it, and passengers can be charged alongside the driver. Who owns the car, where the weapon sat, and whether anyone claimed it all shape that argument.

Statements matter more than most people expect. Casual remarks at the scene about whose gun it is, or who put it there, often become the State's best evidence of knowledge and control.

Living with a gun owner is not automatically a crime, but it can create real exposure depending on how the firearm is stored and who can reach it. Defense lawyers routinely point to the same practical facts. A weapon locked in a safe the person cannot open, kept in a room the person does not use, and documented as belonging solely to the other resident is weaker ground for a charge than a loaded gun left on a shelf. No precaution guarantees that a charge will not be filed.

Being near a person who is lawfully carrying, or visiting a range where others handle firearms, is likewise fact-dependent rather than a bright-line rule. Handling a weapon, even briefly, may support a possession theory. Anyone in that position should get case-specific advice instead of assuming a routine activity is safe.

Restoring Firearm Rights After a Felony Conviction

One of the most common searches on this topic is "can a convicted felon buy a gun after 10 years." Georgia law contains no automatic time-based exception. Waiting ten years after a conviction, or ten years after finishing a sentence, does not by itself restore the right to possess a firearm. Neither does completing probation, paying restitution, or staying out of trouble.

Restoration requires affirmative relief. In Georgia, that means a pardon or a restoration of civil and political rights granted by the State Board of Pardons and Paroles. The Board sets its own eligibility requirements, application process, and review standards, and it decides each request on the record in front of it. Because those particulars turn on the individual conviction, no web page can tell a reader whether an application would succeed.

Restoration is also different from clearing a record. Georgia's term for limiting access to a criminal history entry is record restriction, not expungement. Record restriction may reach charges that were dismissed or otherwise resolved without a conviction. A felony conviction that stands on the record is not reached by it, and restricting a record is not the same thing as regaining firearm rights.

Anyone who believes relief has already been granted should confirm in writing exactly what it covers, and should ask counsel how it interacts with the federal prohibition. Whether any path exists at all depends on the specific conviction, its age, and how the case ended. A lawyer who reads the actual disposition can explain which options are worth pursuing. Until that question is answered clearly, buying, borrowing, or accepting a firearm carries serious risk.

Georgia Gun Ownership and Carry Rules

Georgia regulates how firearms are sold, transported, and carried, and Cobb County agencies enforce those rules regularly. To legally own a handgun in Georgia, the owner must be at least 18. There are no additional prerequisites for ownership itself, though many things can later disqualify a person from having a gun at all.

Carrying a handgun outside the home is a separate question, and Georgia changed the answer in 2022. Under the permitless carry law, a lawful weapons carrier may carry a handgun in public without first obtaining a license. Georgia law defines a lawful weapons carrier as someone who holds a Georgia Weapons Carry License, or who is eligible for one, and who is not otherwise barred by law from having a weapon. Eligibility is the part that matters on this page. Permitless carry gives nothing to a person the law already prohibits from possessing a firearm.

Many Georgians still apply for the license. It settles the eligibility question on paper, and other states recognize it. An applicant must generally be at least 21, although a service member who is 18 or older and has finished basic training may apply. The applicant files in the probate court of the county where they live and is fingerprinted. The probate judge then directs a fingerprint-based criminal history check through the Georgia Crime Information Center and the FBI, and issues the license if the report shows nothing disqualifying. The Georgia law on concealed weapons also covers knives, tasers, and pepper spray carried in public.

Carrying a weapon while not a lawful weapons carrier is still a crime, and Georgia calls that offense unlawful carrying of a weapon. A first offense is a misdemeanor, punishable by up to 12 months in jail and a fine of no more than $1,000. A second offense within five years, measured from the earlier arrest date to the current one, and any offense after that, is a felony punishable by two to five years in prison. Georgia law also says a person carrying a weapon may not be detained for the sole purpose of checking whether they hold a license, so an officer needs some other basis for the stop. Deliberately altering or counterfeiting a weapons carry license is a separate felony carrying one to five years.

Licensing carries its own disqualifiers beyond a felony record. A person who has been hospitalized as an inpatient in a mental hospital, or in an alcohol or drug treatment center, within the five years before the application generally cannot be issued a carry license, though the statute allows a petition for relief in probate court. Because a license governs carrying rather than owning, that bar does not by itself make it illegal to buy or keep a gun after treatment. It does remove the eligibility that permitless carry depends on.

None of these rules help a person who is already prohibited from possessing a firearm. For someone with a felony conviction, the felon-in-possession rule described above applies no matter what licenses exist. A professional gun attorney can explain how these provisions interact with a specific charge.

Speak With a Cobb County Gun Charge Lawyer

Kohn & Yager LLC is dedicated to Georgia criminal defense and handles felony firearm possession cases in Cobb County and the surrounding metro Atlanta courts. In a gun case, the work starts with the basics: how officers found the weapon, whether the stop and the search were lawful, whether the State can prove knowing possession, and how any prior conviction changes the sentencing exposure. Each of those questions can change what a case looks like.

Timing matters. Body camera video, surveillance footage, and witness memories do not stay available forever, and charging decisions and discovery deadlines pass whether or not a person has a lawyer. Bringing counsel in early gives the defense room to work before those windows close.

No attorney can promise a particular result. Outcomes depend on the facts, the evidence, and the law that applies to the individual case. What a client should expect instead is a clear explanation of the charge and a defense built on the record.

The firm offers a free consultation and is available 24/7. Contact Us Now to discuss a felon in possession charge. You can also read client reviews or submit a law firm client review if the firm has represented you. Past results do not guarantee a similar outcome, and every case depends on its own facts.

Frequently Asked Questions

Can a Convicted Felon Buy a Gun After 10 Years in Georgia?

No. Georgia law has no automatic ten-year exception. A felony conviction bars firearm possession until rights are restored through a pardon or a restoration of rights from the State Board of Pardons and Paroles. Time alone does not change that, and neither does finishing probation. Buying or accepting a gun on the assumption that a decade cured the problem can lead to a new felony charge.

Can a Non-Violent Felon Own a Gun in Georgia?

Generally, no. Georgia's felon-in-possession rule applies to felony convictions without separating violent offenses from non-violent ones. A theft, fraud, or drug conviction can trigger the same prohibition as a violent crime. The distinction matters at sentencing instead: a first conviction carries one to ten years, while a prior forcible felony conviction requires a mandatory five-year term.

Can a Felon Possess a Shotgun or Hunting Rifle in Georgia?

Generally, no. The prohibition covers firearms broadly rather than handguns alone, so shotguns and hunting rifles fall within it. A gun kept for hunting or passed down through a family carries the same legal risk as a pistol. Whether a specific item counts as a firearm can be fact-specific, so anyone unsure should ask a lawyer before taking possession of one.

Can a Felon Be Around a Person Who Is Carrying a Gun?

Being near a lawful carrier is not automatically a crime, but it is not risk-free either. Georgia allows a possession charge on a constructive possession theory, which asks whether the person knowingly had the power and intention to control the weapon. Handling the gun, or having ready access to it in a shared car or home, may support that theory depending on the facts.

What Happens if a Convicted Felon Is Caught With a Firearm in Georgia?

The person is typically arrested, and a prosecutor then decides what charges to bring. Felon in possession is charged separately from any other offense arising out of the same incident, so both can move forward at once. A first conviction carries one to ten years in prison. Much of the defense work centers on the State's discovery and on whether the search that produced the gun was lawful.