December 9, 2025 • Posted In Firearm Offenses
Gun possession charges in Georgia can result in significant fines and jail time if you are convicted. Beating these charges may be possible with strategic defense. When possible, using one or more common defenses against firearm offenses in Georgia may offer you legal protection.
Proving that a firearm located in a communal space with multiple occupants belongs to you may be challenging for the defense. Their job is to prove beyond a reasonable doubt that you had knowledge of and control of the gun.
A firearm may be found in a home or automobile with multiple tenants or passengers, making it challenging to prove your awareness of the firearm and that it belongs to you. Evidence must exist linking the gun to you to prove gun possession charges in Georgia.
It is possible to have gained the right to own a gun, even after a felony conviction in Georgia. Receiving a pardon for a prior felony conviction may afford you the right to lawfully own a firearm. O.C.G.A §16-11-131(c) allows individuals who have been pardoned for a crime to receive, possess, or transport a firearm.
A firearm offenses attorney in Georgia can assist with obtaining the documentation. Other laws may allow you to possess a gun legally. Laws are case-specific and may depend on completing probation or other requirements.
The Constitution’s Fourth Amendment protects against unlawful searches and property seizures. A warrant is necessary unless law enforcement catches you in an illegal act, unlawful goods are in plain view of an officer’s sight, or an urgent situation requires intervention.
A warrant for search and seizure requires probable cause. Being caught with an illegal firearm may be inadmissible in court when law enforcement fails to secure the appropriate documentation ahead of time. You have the right to refuse a search if law enforcement asks but does not possess the proper paperwork.
Constitutional challenges to a gun possession charge may exist, protecting your right to possess a gun under the Second Amendment. Dismissing the charge may be possible when the law infringes on your ability to keep and bear arms.
You have the right to protect yourself or someone else when facing imminent danger. Using a firearm may be necessary in certain circumstances. When it is possible to prove you acted in self-defense, gun possession charges may be dismissed or reduced.
Georgia’s Stand Your Ground law (O.C.G.A. §16-3-23) does not require individuals to retreat when self-defense is necessary. A firearm offense attorney may be capable of proving belief in the necessity of force existed.
You may be facing other charges in addition to gun possession. Georgia law allows for the enhancement of certain charges under aggravating circumstances, like using a firearm while committing another crime. A firearm offense attorney may be able to prove your lack of intention in using a gun during another offense.
Though Georgia gun laws are more relaxed, a gun possession conviction can be costly. Other defenses may apply to your case. Explore your defenses and protect your right to a fair legal process if you face gun possession charges in Georgia.
