Illegal Firearm Possession Charges in Lawrenceville, Georgia

Illegal firearm possession in Georgia means having a gun the law does not allow you to have. Charges fall into three buckets: prohibited people, prohibited places, and prohibited weapons. A person barred by state or federal law may not possess any firearm at all. Others are charged for carrying into a banned location, or for having a weapon Georgia treats as contraband. Most of these cases in Lawrenceville are prosecuted in Gwinnett County Superior Court. This page explains the charges, the penalties, and the defenses that may apply. An experienced Lawrenceville defense lawyer can review your facts, and the firm's gun offense attorneys handle weapons cases across metro Atlanta.

Common Gun and Weapons Charges in Lawrenceville

State law regulates who may carry a firearm and where. Many gun charges in Lawrenceville are felonies, which means a conviction can carry state prison time. Smyrna residents face the same limits on the right to carry a gun under state law. These are the counts Gwinnett County prosecutors file most often:

• Carrying while not a lawful weapons carrier. Since Georgia's 2022 permitless carry law, an eligible adult does not need a license to carry a handgun openly or concealed. The crime now is carrying when you are not a lawful weapons carrier, such as when a prior felony conviction bars you from having a gun at all.
• Possession of a firearm during the commission of a felony. Under Georgia law, this count adds a prison term that runs consecutively to the sentence for the underlying felony. It is the charge that most often turns a probation case into a prison case.
• Carrying in a prohibited location. The statute bars weapons in places such as courthouses, jails, government buildings, and secured areas of an airport. A weapons carry license does not cure the violation in those locations.
• Weapons in a school safety zone. That section bars weapons within 1,000 feet of school property. A lawful weapons carrier who violates it faces a misdemeanor. A person who is not a lawful weapons carrier faces a felony punishable by two to ten years in prison. A common fact pattern is a gun left in a car in a school parking lot, and the statute's exceptions are narrow.
• Furnishing a firearm to a minor. Giving or selling a handgun to someone under 18, outside the statute's narrow exceptions, is a separate offense. Parents are sometimes charged after a child takes a gun from the home.
• Possessing an illegal firearm. A sawed-off shotgun, machine gun, or silencer is contraband. Officers may charge possession even when the person has no criminal record.
• Discharging a firearm while impaired. Georgia makes it a crime to fire a gun while under the influence of alcohol or drugs, subject to limited exceptions.

Penalties vary with the offense, the person's record, and whether other counts accompany the weapons charge. Some cases draw federal attention, and federal mandatory minimums can apply there. Anyone facing a weapons charge in Lawrenceville should speak with a firearms defense lawyer soon after arrest.

Aggravated Assault With a Deadly Weapon

Another common gun crime is assault with a deadly weapon, known as aggravated assault in Georgia. Someone can be charged with aggravated assault if they committed an assault with a gun or any other weapon that can be used to cause severe bodily harm. Aggravated assault charges can also result from firing a gun from inside a vehicle. A conviction for this felony charge carries one to 20 years in prison under the aggravated assault statute, and a court may probate part of that term. Restitution to a victim may also be ordered. That statute sets no fine of its own, so any fine comes from the general felony fine cap of $100,000.

Felon in Possession of a Firearm

Those convicted of a felony in Georgia are prohibited from owning firearms in the future. Someone with a felony conviction could face another if found with a firearm. In fact, prosecutors may file an unlawful possession of firearm count when guns are found in the residence, even if the weapons belong to someone else. Cobb County courts see frequent prosecutions under the same gun laws in Georgia.

The penalty is set by Georgia law. A first offense carries not less than one nor more than ten years in prison. A second or subsequent offense carries a longer mandatory range of five to ten years.

Constructive possession is where these cases are usually won or lost. To prove unlawful possession of a firearm, the State must show the person knew about the gun and had the ability to control it. A spouse's or roommate's lawfully owned firearm does not automatically convict everyone in the home. Where the gun was stored, who had access to that space, and whether another person claimed it are all litigated facts. In cases we have handled out of Gwinnett County Superior Court, a firearm turned up in a shared vehicle during a traffic stop, and the central question was whether our client knew it was there.

A new possession charge while on probation for the prior felony usually creates a second problem. Prosecutors typically file a revocation petition alongside the new case. The client then faces the old sentence and the new charge at the same time. A Lawrenceville gun crimes lawyer can defend both.

Illegal Possession of Weapons Other Than Guns

Georgia's weapons laws reach past firearms. State law treats a knife with a blade longer than twelve inches as a weapon, and carrying one is restricted much the way a handgun is. Metal knuckles and other items that meet the definition of a deadly or offensive weapon fall under similar rules. Charges for illegal possession of weapons therefore reach people who never touched a gun.

Location often matters more than the type of weapon. Carrying a weapon into a courthouse, a government building, a jail, or a secured area of an airport is charged whether the item is a firearm or a blade. Airport screening cases are common in the metro area. Travelers are often surprised that a blade in a carry-on bag becomes a criminal case rather than a simple confiscation.

Georgia also treats certain items as dangerous weapons. That list includes sawed-off shotguns, sawed-off rifles, machine guns, and silencers. Possession of one of these items is a felony on its own.

Carrying a weapon during the commission of certain offenses raises the exposure the same way a firearm does. A possession of unlawful weapon count added to an underlying charge can turn a case that might have resolved with probation into one with prison exposure. Whether an item qualifies depends on its design and how it was used, and those questions are often contested.

What Is Illegal Possession of a Firearm in Georgia?

Two very different situations both get called illegal possession of firearms, and the difference shapes the entire defense.

The first is unlawful possession by a person. The gun may be perfectly legal, but the possessor is barred from having it. A felony record, an active felony sentence, or a federal disqualifier can each support an unlawful possession of firearm charge, even when the weapon was bought lawfully from a licensed dealer.

The second is a possession of illegal firearm case, where the item itself is contraband. Georgia treats sawed-off shotguns, sawed-off rifles, machine guns, and silencers as dangerous weapons under Georgia law. A person with a clean record can face these counts.

Possession takes two forms in both situations. Actual possession means the gun was on your person. Constructive possession means the gun sat somewhere you could reach and control, such as a glovebox, a trunk, or a shared bedroom. The State does not have to prove you owned the weapon. It only has to prove you knew about it and could control it, which is why passengers and roommates get charged.

Georgia has allowed lawful weapons carriers to carry a handgun without a license since 2022. In most Lawrenceville cases, then, the question is not whether you held a permit. The question is whether you are a person the law allows to have a gun at all.

Who Cannot Legally Own or Carry a Gun in Georgia

People convicted of a felony. Convicted felons are barred from possessing a firearm, and that bar does not lift on its own with time.

People serving first offender or conditional discharge probation for a felony. Georgia treats these individuals as prohibited while the sentence remains active, even though no conviction has been entered.

People under 18 with a handgun. Minors under 18 are barred from possessing a handgun, subject to narrow exceptions for hunting, target practice, and being on their own property or at home with a parent's consent.

People subject to an active family violence protective order. The order itself usually requires the surrender of firearms, and federal law bars possession while the order stands.

People barred by federal law. Anyone convicted of a misdemeanor crime of domestic violence loses gun rights under federal law. That rule is a trap for clients who assume a Georgia misdemeanor leaves their rights intact, and it produces illegal possession of weapons cases years after the original plea.

Eligibility depends on the specific conviction and the current status of the sentence. A person may be charged even when they believed in good faith that their rights had been restored. Anyone unsure of their status should have a lawyer review the record before handling a firearm.

Penalties for Illegal Firearm Possession in Georgia

Penalties depend on which statute the State charges. A misdemeanor weapons offense may bring up to 12 months in jail and a fine of up to $1,000. Many prohibited-location cases start there.

Possession of a firearm by a convicted felon carries one to ten years in prison for a first offense. A second or subsequent offense carries five to ten years. The firearm-during-a-felony count adds a separate term that runs consecutively to the sentence for the underlying felony, so it stacks rather than merges.

Several facts drive the outcome. The prior record usually matters most. Courts also weigh whether the firearm was loaded or reported stolen. Whether drug, assault, or robbery counts accompany the possession charge can change the picture entirely. Individual Gwinnett County judges follow their own sentencing practices, and local counsel will know them.

The consequences a sentencing chart never shows are often the worst part. A felony conviction ends Georgia gun eligibility for life unless the person later receives a pardon that restores firearm rights. The conviction surfaces on employment and housing screens indefinitely. It may also affect professional licenses and immigration status.

Two people charged under the same statute may face very different results, depending on the circumstances. No attorney can predict the sentence in a given case. Talk with a defense lawyer about the specific facts of yours.

Defenses to an Illegal Firearm Possession Charge

Unlawful search and seizure. Officers may not extend a traffic stop past its purpose without reasonable suspicion, and warrantless searches of a car or a home are limited. If the court suppresses the search, the State may be left without the firearm as evidence, and the case can weaken or fail.

Lack of knowledge or control. This is the standard answer to a constructive possession theory. When the gun belonged to another occupant of the car or the home, the defense focuses on who knew about it, who had access to it, and who actually controlled the space.

A statutory exception. Georgia law contains exceptions for a person under 18, and other provisions address possession within one's own home or place of business. Whether an exception fits depends on the exact location and activity at the time.

A defective underlying predicate. A felon-in-possession count fails if the prior conviction was not a qualifying felony. The same is true when the earlier sentence had already been discharged or the record does not show what the State assumes it shows.

Each of these defenses depends on the facts, the paperwork, and the testimony. None applies automatically, and none can be promised in advance. An attorney should review the discovery in your case before assessing which may be available.

Speak With a Lawrenceville Gun Possession Lawyer

If you have been charged with illegal firearm possession in Gwinnett County, the first days of the case matter. Kohn & Yager LLC starts by requesting the incident report and any body camera or dash camera footage. We examine why officers stopped you, what gave them a reason to search, and whether the search stayed within legal limits. We look closely at whether the State can prove you knew about the gun and controlled it. We also address bond conditions early, because firearm cases often carry restrictions that affect work and travel.

Our attorneys have handled weapons and firearm cases in Gwinnett County Superior Court for years, and we know how local prosecutors approach these counts. Every case turns on its own facts, and no lawyer can tell you how yours will end before reviewing the evidence. Past results do not guarantee a similar outcome. Consultations are free and available 24/7, so you can talk with a defense lawyer about your charge before your first court date.

Frequently Asked Questions About Illegal Firearm Possession

Is illegal possession of a firearm a felony in Georgia?

It often is. Possession of a firearm by a convicted felon is a felony, and so is possession of a firearm during the commission of a felony. Some weapons offenses, including certain prohibited-location and underage cases, are charged as misdemeanors. The classification depends on the statute the State selects and on the person's record.

How much jail time can you get for unlawful possession of a firearm in Georgia?

A misdemeanor weapons offense may bring up to 12 months in jail. A first felony conviction under Georgia law carries one to ten years in prison, and a second carries five to ten. Sentences depend on the facts, the prior record, and the judge, so no attorney can predict the outcome of a specific case.

Can I be charged with illegal firearm possession if the gun was not mine?

Yes. Georgia allows prosecution on a constructive possession theory when a firearm sits in a car, a shared room, or a home you occupy. The State still must prove you knew about the gun and had the ability to control it. Ownership by another person is strong evidence but does not end the case by itself.

Can a minor be charged with possession of a firearm in Georgia?

Yes. The statute generally bars a person under 18 from possessing a handgun. The statute contains narrow exceptions, including hunting, target practice, and possession on the minor's own property or at home with a parent's consent. Whether an exception applies depends on the exact circumstances of the stop or search.

Do I need a license to carry a handgun in Georgia in 2026?

No. Since 2022, a lawful weapons carrier may carry a handgun openly or concealed without a weapons carry license. A license still helps with reciprocity in other states and with some location rules. The license does not matter if you are a person the law bars from possessing a firearm at all.