Like many southern states, Georgia has some of the most lax gun laws in the country, with many openly carrying firearms. While many in Georgia exercise their right to carry, it’s important to understand that there are some laws and regulations in place. As such, if you are facing weapons charges, the following blog explores what you should know about these matters and the importance of working with a Cobb County criminal defense lawyer to discuss your legal options and potential defenses.
What Are Common Weapons Charges in Georgia?
In Georgia, there are five different charges you can face regarding weapons. One of the most common is include possession of a concealed weapon without a permit. In Georgia, a 2022 law made it possible for lawful weapons carriers to possess a firearm so long as they are eligible for a license, regardless of whether or not they actually have the license. However, if you do not have the eligibility to carry a concealed weapon, you can face charges if caught.
You can also face charges if you are a convicted criminal and found in possession of a weapon, or if you possess an illegal weapon. These include items like brass knuckles or zap guns, but can also include sawed-off shotguns and silenced firearms. Finally, you can face charges if you are found with a weapon while committing a crime or bringing a firearm onto school property.
It’s imperative to understand that you could face federal charges for certain firearm crimes. For example, any charges of firearms trafficking are considered a federal offense, meaning you will be charged by the United States government as opposed to the state of Georgia. Federal charges are incredibly serious and should not be taken lightly.
What Defenses Might I Be Able to Use?
If you are charged with a weapons charge in Georgia, it’s imperative to understand that the potential defenses you may be able to utilize will depend on the circumstances of your unique case.
Generally, one of the most common defenses to a firearms charge is that there was a lack of intent. In order to be convicted of a crime, the prosecution must show that you knowingly or willfully intended to violate the law. However, if you can prove that you lacked the intent to commit the crime, you may be able to avoid prosecution.
Another common defense is a constitutional violation. If you are the victim of an illegal search and seizure by the police, in which they conduct a search without a warrant, consent, or probable cause, your attorney can fight to have the evidence that was collected illegally barred from trial. This can severely impact the prosecution’s case against you.
As you can see, weapons charges are not something that should be taken lightly in Georgia. At Miller Law Practice, LLC, we understand how difficult these matters can be to navigate, which is why we will do everything in our power to assist you during these difficult times. When you need help, our firm is here. Contact us today to learn how we can assist you.