Understanding gun laws in Marietta and the surrounding Cobb County communities is essential to avoid serious criminal penalties. While the gun laws in Georgia are generally more lax, violations, like unlawful possession or carrying in a restricted area, may still result in a misdemeanor or felony offense. As such, understanding the penalties associated with gun crimes in Georgia is critical. Read on to learn more.

Do I Need a Gun Permit in Georgia?

In Georgia, including Marietta and the Cobb County area, gun ownership and carrying laws are more flexible than in many other states, but there are still important distinctions to understand.

Key Permit & Ownership Rules

  • Georgia law does not require a permit to carry a rifle or shotgun
  • Those looking to carry a firearm must still meet Georgia eligibility requirements to be considered a “lawful weapon carrier,” which includes not being a prohibited person under state or federal law
  • You do not need a license to own a rifle, shotgun, or handgun
  • Georgia law generally allows individuals who are legally eligible to possess a firearm to legally carry a handgun without a permit (permitless carry)
  • With a valid carry permit, you may carry a firearm:
    • On your property
    • In your motor vehicle
    • At a place of business
  • Georgia enacted significant updates to its carry law in recent years; as such, you should always verify current rules with the official state resources

Who Cannot Possess a Gun in Georgia?

Under Georgia law, certain individuals are prohibited from legally possessing firearms.

Prohibited Persons

  • Convicted felons are prohibited from possessing, receiving, or transporting any type of firearm
  • Anyone under the age of 18 is prohibited from owning or using a handgun, unless under the supervision of a parent or legal guardian, in certain circumstances
  • Individuals under the age of 21 may face additional handgun carrying restrictions in public, with limited exceptions under Georgia law
  • Additional restrictions may apply to:
    • Individuals with certain domestic violence convictions
    • Those subject to protective or restraining orders
    • Individuals with certain mental health adjudications

These restrictions are enforced under Georgia criminal law and may also overlap with federal firearm prohibition laws.

What are the Penalties for Gun Crimes in Georgia?

Gun crimes in Georgia can result in misdemeanor or felony charges, depending on the type of offense, the prior criminal history of the defendant, the location of the violation, and additional aggravating factors.

Common Gun Charges and Consequences

  • Carrying a weapon in public without a license: This is considered a misdemeanor, but if you are charged for a second or subsequent violation, you will most likely face felony charges
  • Carrying a weapon on school property: The severity of your penalties will depend on whether you have a license. If you have a license to carry, you may only receive a misdemeanor, but if you do not have a license to carry, you will likely face felony charges
  • Possessing a firearm as a felon: If you are already a convicted felon and you are caught in possession of a firearm, you will face a felony charge
  • Possession of a handgun while under the age of 18: If you are a minor under the age of 18 and you are caught in possession of a handgun, you will most likely face misdemeanor charges. But your charges may increase depending on your record. For example, if this is your second offense, you may face felony charges
  • Possession of prohibited weapons: If you are caught in possession of a prohibited weapon, such as a machine gun or a sawed-off shotgun, you will most likely face felony charges and a potential five-year prison sentence

Where are Guns Prohibited in Georgia?

Georgia law restricts firearms in certain locations, even for otherwise lawful gun owners.

Common Restricted Locations

  • School zones
  • Government buildings with security screening
  • Courthouses
  • Jails and correctional facilities
  • Places of worship, subject to specific permissions
  • Private property where firearms are expressly prohibited

It’s important to understand that even lawful weapons carriers can face criminal charges if they possess a firearm in a restricted location under Georgia law.

What Should You Do if You Are Charged With a Gun Crime?

If you have been charged with a firearm offense in Marietta or the surrounding Cobb County areas, the penalties you can face are severe. As such, it is in your best interest to understand the actions you should take following an arrest to best protect yourself.

Immediate Steps to Take

  • Immediately ask for an attorney
  • Immediately invoke your Fifth Amendment right to remain silent
  • Do not make statements or try to explain yourself, as anything you say may be twisted and held against you in a court of law
  • Do not discuss your case with anyone other than your attorney
  • Preserve any evidence or records that may aid in your defense

Contact Our Experienced Georgia Criminal Defense Firm

We at Miller Criminal Law understand that people make mistakes. We are here to fight for you throughout all of your criminal law matters. Do not hesitate to reach out to our firm today and speak with an experienced and dedicated attorney.