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Georgia has very liberal gun laws compared to other states. In June 2010, Governor Sonny Perdue signed new legislation into effect, greatly expanding where license holders are allowed to carry a weapon. The State of Georgia does not require residents to obtain a permit to own a handgun, rifle or shotgun and they do not have to be registered. A permit must be obtained for anyone who wishes to carry either a concealed weapon or one openly upon his or her person. Georgia is a “shall issue” state, which means they will issue a concealed carry permit to residents who meet the requirements. The individual must apply for a permit with the probate court in the county where they reside. All applicants must be able to pass an NICS federal background check.
It is legal in the State of Georgia to carry a weapon without a license as long as the person is on his or her own property or in their motor vehicle. The Georgia Common Sense Lawful Carry Act was enacted in June 2010. This new legislation expands where law-abiding citizens can legally carry a weapon with a proper license. Prior to this law, citizens were prohibited from carrying a weapon in a place of public gathering. The only places that are still off limits include:
Lawfully carrying citizens are also allowed to leave their weapon in a parked vehicle at the airport as long as it’s secured. Those with a valid carry license can also leave their weapon in a parked vehicle on colleges and university campuses.
Georgia has some of the most lenient gun laws in the nation, but there are still some concealed weapons offenses, which are outlined below:
|
Type of Crime |
Description of the Offense |
Jail Time & Amount of Fine |
|
Misdemeanor For First Offense |
Anyone who carries a concealed weapon onto a college or university campus
Unlawful to carry any type of firearm within 1,000 feet of any educational facility
Unlawful to carry or possess a firearm whether licensed or not onto the premises of a nuclear power plant
|
Up to one year in county jail or one year probation
Maximum fine of up to $1,000 |
|
Second Offense is a Felony if Committed Within Five Years of the First Offense |
Anyone who carries a weapon onto a campus without a carry license
Using a counterfeit or altered gun permit |
Not less than two years and no more than five years in state prison (for counterfeit or altered gun permit, sentence is one to five years)
Maximum fine of up to $5,000 |
Criminal defendants in Georgia will usually have their first court appearance within 48 hours of being arrested. At that time, the judge will inform the person what they are being charged with. Pleading not guilty to the crime will result in a trial date and bail being set. Those without a prior criminal record may request to be released on their own recognizance.
The State of Georgia allows defendants to choose a commitment hearing if they have been charged with a felony offense. This is similar to a trial and forces the prosecution to show the judge that there is enough evidence to bind the case over for trial. If the prosecution’s case is weak, they may offer the individual the option of pleading to a misdemeanor offense instead. Accepting a plea bargain will result in immediate sentencing by the judge.
Once you hire a criminal defense attorney, they will be able to find out what evidence the prosecution has against you. This can be helpful when deciding how to plead to the charges. An experienced attorney can advise you about possible defenses and will always work to preserve your constitutional rights.
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