Who Is Prohibited From Owning a Gun in Georgia?

September 14, 2025 • Posted In White Collar Crime

Unlawfully possessing a gun in Georgia can result in significant legal actions and penalties. State and federal laws prohibit some individuals from owning a firearm in Georgia. Knowing who can legally own a gun can protect you from firearm offense charges in Atlanta.

Who Does Georgia Law Prohibit From Owning a Gun?

In Georgia, the law prohibits convicted felons and first offender probationers from owning firearms, according to O.C.G.A. §16-11-131. A felony conviction can include offenses punishable by a prison term of one year or more. Convictions of an offense under the Uniform Code of Military Justice by a court-martial also constitute felonies.

Who Does Federal Law Prohibit From Owning a Gun in Georgia?

Federal laws supersede state laws and may prohibit Georgians not only from owning guns but also from possessing them. Federal law prohibits individuals who undergo involuntary commitment to a mental health facility from owning a firearm under 18 U.S.C. §922(g)(4). Receiving an official determination of a mental health condition may also subject individuals to federal laws prohibiting gun ownership.

Others prohibited from possessing a gun under 18 U.S.C. §922(g) in the Gun Control Act (GCA) include:

• Fugitives from justice
• Individuals who use or experience addiction to controlled substances
• Anyone entering the U.S. illegally
• An individual receiving a dishonorable discharge from the Armed Forces
• Those subject to a domestic court restraining order for harassing, stalking, or threatening a person with whom they are intimate or their intimate partner’s child
• Anyone who renounces their citizenship
• Someone with a misdemeanor domestic violence conviction

As gun laws continue to shift and change on the state and federal levels, it is imperative to seek updates on who is prohibited from owning a gun in Georgia if you want to own a firearm. Facing possession charges does not require you to own a gun. Federal laws can impose strict penalties for firearms possession.

When Can I Own a Gun in Georgia After a Felony Conviction?

State and federal laws govern whether you may own a gun after a felony conviction. The Georgia State Board of Pardons and Paroles administers the application process to restore firearms rights to individuals. Individuals must meet the following criteria for consideration of restoring their gun rights after a felony conviction in Georgia:

• Successfully complete a felony sentence
• Be disposed of a prior felony which cannot be docketed or pending
• Be free of supervision and criminal actions, meeting the waiting requirements before applying for restoration
• Have three citizens with unquestionable integrity submit letters of recommendation
• Have an in-person interview with a Board member
• Not have a dishonorable discharge from the Armed Forces on record

The Board cannot restore a person’s right to own a gun in Georgia if their conviction is for a federal felony. Submitting an application for a Presidential Pardon is necessary. Meeting all the criteria for restoring firearms rights does not guarantee the board will restore your rights. Discuss state and federal prohibitions on gun ownership with an experienced Georgia criminal defense attorney.