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Understand the legal implications of Gun Related Crimes. Conoscienti and Ledbetter provide defense strategies to protect your rights and ensure fair treatment under the law. Learn more about gun crime laws and how we can help.
Author: J. Blake Ledbetter, Partner, Conoscienti & Ledbetter
Mr. Ledbetter specializes in civil litigation in metropolitan Atlanta, Georgia, and possesses vast experience in criminal defense. Mr. Ledbetter was recognized as a SuperLawyers Rising Star in 2018-2025 in the area of Civil Litigation. Published on July 21, 2025.
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Atlanta Gun Crime attorney
An arrest for a weapons offense in Georgia can feel like your world is collapsing. The sudden reality of facing serious charges, the fear of imprisonment, and the uncertainty of your future can be overwhelming. At Conoscienti & Ledbetter, we understand the immense stress and anxiety you are experiencing. As a dedicated Atlanta Gun Crimes Lawyer, we want you to know that an arrest is not a conviction. You have rights, and our firm is here to protect them with skill, compassion, and an unwavering commitment to achieving the best possible outcome for your case. We know that good people can find themselves in difficult situations. A simple mistake, a misunderstanding of Georgia’s complex criminal law, or an act of self-defense can quickly escalate, leaving you entangled in the criminal justice system. Our role as your defender is to stand beside you, to listen to your side of the story without judgment, and to build a powerful, strategic defense tailored to the unique facts of your situation. We are here to be your advocates and your shield, navigating the legal complexities so you can focus on moving forward.
Facing Gun Charges in Georgia? Our Experience is Your Best Defense.
When your freedom and future are on the line, the experience of your legal team is paramount. The attorneys at Conoscienti & Ledbetter have spent years in the courtrooms of Atlanta and the surrounding counties, building a formidable track record of defending clients against a wide array of gun charges. We are not just attorneys; we are a team of trial-tested criminal defense lawyers who are deeply familiar with the tactics used by prosecutors and the intricacies of Georgia’s firearm statutes. Our focused practice in Atlanta criminal defense means we are prepared for the challenges your case may present.
We recognize that every gun crime case is unique. The circumstances leading to an arrest can range from a simple misunderstanding of carry laws to a complex self-defense scenario. That is why we begin every case with a comprehensive and confidential consultation. We take the time to listen to you, to understand the specifics of your situation, and to answer the pressing questions that are keeping you up at night.
Our commitment is to provide you with more than just legal representation. We provide clarity in a time of confusion, a steady hand in a time of fear, and a strategic path forward. We believe that a strong Georgia criminal defense is built on a foundation of trust, open communication, and meticulous preparation. From the moment you retain our firm, we begin dissecting the prosecution’s case, identifying weaknesses, and developing a defense strategy designed to protect your rights and secure your future.
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Understanding Gun and Weapon Offenses in Georgia
Georgia law contains a broad spectrum of offenses related to firearms and other weapons. Prosecutors in Fulton County and across the state take these charges very seriously, often seeking harsh penalties. Understanding the specific charge you are facing is the first step in building an effective defense. An experienced Atlanta gun crimes attorney can demystify the allegations and explain exactly what the prosecution must prove to secure a conviction.
Unlawful Possession of a Firearm
While Georgia law is generally permissive regarding firearm ownership, there are several scenarios where possessing a gun is illegal. This charge, often referred to as unlawful possession, can apply in various contexts. For example, carrying a handgun or other deadly weapon without being a “Lawful Weapons Carrier” in a location not covered by an exception (like your home, car, or place of business) could lead to this charge. The penalties can vary, with a first offense typically being a misdemeanor, but subsequent offenses can be elevated to felonies.
Possession of a Firearm by a Convicted Felon
One of the most serious gun crimes in Georgia is the possession of a firearm by a convicted felon. Under O.C.G.A. § 16-11-131, any person who has been convicted of a felony is prohibited from possessing, receiving, or transporting any firearm. This law is incredibly strict.
- What constitutes “possession”? Possession can be “actual,” meaning the firearm is on your person, or “constructive,” meaning you have knowledge of the firearm and the power and intent to exercise control over it, even if it is not physically on you (e.g., in your car’s glove box or in your home).
- What is a “firearm”? The definition is broad and includes any handgun, rifle, shotgun, or weapon that expels a projectile via an explosive charge.
- Penalties: A conviction for this offense is itself a felony, carrying a potential prison sentence of one to five years. If the prior felony was a “forcible felony” (one involving the use or threat of violence), the penalties can be even more severe.
Possession of a Firearm During the Commission of a Crime
Georgia law, specifically O.C.G.A. § 16-11-106, imposes severe additional penalties for possessing a firearm while committing or attempting to commit certain other crimes. This charge is often “stacked” on top of the underlying offense, creating significant legal jeopardy for those accused of a violent crime.
- Applicable Crimes: This law applies to a long list of predicate offenses, including any crime against a person (such as murder, manslaughter, homicide, or robbery), unlawful entry into a building or vehicle, and any felony drug offense involving a controlled substance like methamphetamine.
- Mandatory Consecutive Sentence: A conviction under this statute carries a mandatory five-year prison sentence that must be served consecutively to (after) any sentence for the underlying crime. For a second or subsequent conviction, this mandatory sentence increases to ten years. These sentences cannot be probated or suspended.
Unlawful Discharge of a Weapon
Discharging a firearm can lead to criminal charges depending on the location and circumstances. O.C.G.A. § 16-11-103 makes it illegal to discharge a gun on or near a public highway or street. O.C.G.A. § 16-11-104 makes it a misdemeanor of a high and aggravated nature to recklessly discharge a firearm on the property of another without their permission. These charges are often related to celebratory gunfire, accidental discharges, or acts of intimidation.
Pointing a Pistol at Another
Under O.C.G.A. § 16-11-102, it is a misdemeanor to intentionally and without legal justification point or aim a gun or pistol at another person. It does not matter whether the firearm is loaded or unloaded. While this is a misdemeanor, it is a serious charge that can sometimes be elevated to felony aggravated assault if the act places the victim in reasonable fear of receiving an immediate violent injury. A strong defense often hinges on proving that the act was not intentional or that there was a legal justification, such as self-defense.
Airport Gun Charges
With Hartsfield-Jackson Atlanta International Airport being one of the busiest in the world, charges for carrying a weapon in an unauthorized airport area are common. Many of these cases involve out-of-state visitors who are licensed to carry in their home state but forget a firearm is in their carry-on luggage. Under Georgia law, it is illegal to attempt to pass through TSA screening with a weapon. These are serious charges that require a knowledgeable gun crimes lawyer in Atlanta, GA to navigate the complexities of airport regulations and state law.
Federal Weapons Charges
In addition to state charges, certain firearm offenses can be prosecuted in the United States District Court. Federal charges often carry mandatory minimum sentences and are governed by a different set of laws and procedures under statutes like the National Firearms Act (which regulates items like silencers and short-barreled rifles) or the Armed Career Criminal Act (which imposes harsh sentences on individuals with multiple prior convictions for violent crimes or serious drug offenses). Facing federal charges can include:
- Possession of a firearm by a prohibited person.
- Lying on a federal firearm purchase form (Form 4473), which can be part of an illegal straw purchase.
- Possession of a weapon without a required federal firearms license (FFL).
- Trafficking firearms across state lines.
If you are facing federal charges, it is absolutely critical to hire an attorney with specific experience in the federal court system.
Georgia Gun Laws You Need to Know
Georgia’s gun laws have seen significant changes in recent years, leading to confusion for many residents. Having a basic understanding of these key laws, which are rooted in the Second Amendment to the United States Constitution, is crucial for any gun owner. However, this information is not a substitute for legal advice from a qualified Atlanta criminal lawyer.
Georgia’s Concealed Carry & Open Carry Laws
In 2022, Georgia became a “permitless carry” or “Constitutional carry” state. This was a major shift in the law.
- What it Means: Under O.C.G.A. § 16-11-126, any person who is a “Lawful Weapons Carrier” can carry a handgun openly or concealed in many public places without a Weapons Carry License (WCL).
- Who is a “Lawful Weapons Carrier”? This is a critical definition. You are a Lawful Weapons Carrier if you are not prohibited from possessing a firearm under state or federal law. This means individuals with felony convictions, those on felony first offender probation, and others are still barred from carrying.
- Weapons Carry Licenses (WCLs) Still Exist: While not required for lawful carry, WCLs are still issued by probate courts and are highly recommended. A WCL provides reciprocity with other states that recognize Georgia permits and can simplify the process of purchasing a firearm.
The “Castle Doctrine” and Self-Defense
Georgia has strong self-defense laws, often referred to as the “Castle Doctrine” and “Stand Your Ground.” These laws provide a legal justification for using force, including deadly force, to protect yourself, your home, and others.
- Defense of Habitation: O.C.G.A. § 16-3-23 justifies the use of force likely to cause death or great bodily harm to prevent or terminate an unlawful entry into your home or vehicle if you reasonably believe the intruder intends to commit a felony or to offer personal violence to you or another occupant.
- Defense of Self or Others (Stand Your Ground): O.C.G.A. § 16-3-21 states that a person is justified in using force intended to cause death or great bodily harm only if they reasonably believe that such force is necessary to prevent death or great bodily injury to themselves or a third person, or to prevent the commission of a forcible felony. Importantly, a person who uses such force has no duty to retreat.
While these laws are robust, claiming self-defense is a complex legal argument. The prosecution will scrutinize your actions to determine if your belief of imminent danger was “reasonable.” Having an experienced gun attorney is vital to successfully asserting a self-defense claim and avoiding a wrongful conviction for homicide.
Where Are Guns Prohibited in Georgia?
Even with permitless carry, there are numerous locations where carrying a firearm is illegal. O.C.G.A. § 16-11-127 outlines these “off-limits” areas. Carrying a weapon in these places can result in a misdemeanor charge for a first offense. Prohibited locations include:
- In a courthouse or government building that has security screening at the entrance.
- In a jail or prison.
- On the premises of a nuclear power facility.
- Within 150 feet of a polling place during an election.
- In the sterile area of an airport, past TSA security checkpoints.
- On the campus of a public college or university (with some exceptions for WCL holders storing firearms in locked vehicles).
- Churches and other places of worship may choose to prohibit weapons, but they must notify you, typically with signage.
Rules for Carrying a Firearm in a Vehicle
Georgia law allows any person who is not prohibited from possessing a firearm to have one in their motor vehicle. This is a significant exception to general carrying rules. The firearm can be loaded and kept anywhere in the vehicle. This applies whether you have a WCL or not. This protection allows law-abiding citizens to transport firearms for protection or sporting purposes without fear of violating the law simply by being in their car.
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Penalties for a Gun Crime Conviction in Atlanta
A conviction for a gun crime in Georgia can have devastating and life-altering consequences. The penalties extend far beyond potential jail time and fines; they can impact your family, your career, and your fundamental rights for the rest of your life. The specific punishment depends heavily on the nature of the offense, your prior criminal history, and the skill of your Atlanta gun crimes lawyer.
Misdemeanor Gun Crime Penalties
Many gun offenses are classified as misdemeanors, particularly for first-time offenders. While less severe than felonies, a misdemeanor conviction is still a serious matter.
- Potential Jail Time: Up to 12 months in a county jail.
- Fines: Up to $1,000, plus court costs and surcharges.
- Probation: A judge may sentence you to a period of probation, which includes strict conditions such as regular check-ins, community service, and refraining from any further legal trouble.
- Examples of Misdemeanors: Pointing a pistol at another, unlawful discharge of a weapon near a public street, and a first offense for carrying in an unauthorized location.
Felony Gun Crime Penalties
Felony gun crime convictions carry much harsher penalties and are designed to punish and deter serious offenses.
- Potential Prison Time: A minimum of one year in a state prison. Many offenses carry much longer sentences. For example, possession of a firearm by a convicted felon can result in up to five years in prison, while possession during the commission of another felony adds a mandatory, consecutive five-year sentence.
- Hefty Fines: Fines can reach tens of thousands of dollars.
- Lengthy Probation: Felony probation can last for many years and involves highly restrictive conditions.
Long-Term Consequences (Loss of Gun Rights, Employment, etc.)
The collateral consequences of a felony conviction are often the most damaging. These are the penalties that follow you long after you have served your time, creating a permanent criminal record.
- Loss of Second Amendment Rights: A felony conviction results in a lifetime ban on owning, possessing, or purchasing firearms under both state and federal law, a direct impact on your rights under the Second Amendment to the United States Constitution.
- Loss of Voting Rights: Convicted felons in Georgia cannot vote while they are serving their sentence, including any period of parole or probation.
- Employment Difficulties: A felony record can make it extremely difficult to find a job, as many employers conduct background checks. An expungement is generally not available for felony convictions in Georgia, making this a permanent barrier.
- Housing Challenges: Landlords may refuse to rent to individuals with a felony conviction.
- Professional Licensing: You may be barred from obtaining or maintaining professional licenses (e.g., in healthcare, real estate, or education).
- Social Stigma: The label of “convicted felon” carries a heavy social stigma that can affect personal and community relationships.
Given the severity of these consequences, it is crucial to fight the charges against you with the help of a dedicated legal advocate.
How Our Atlanta Gun Defense Lawyers Can Help
When you are facing the power of the state, you need a powerful advocate in your corner. At Conoscienti & Ledbetter, our approach to criminal defense law is proactive, strategic, and client-focused. We do not simply wait to react to the prosecutor’s moves; we launch our own investigation and build your defense from the ground up. An aggressive defense strategy is your best chance at avoiding the severe penalties of a gun crime conviction.
Conducting an Independent Investigation of Your Case
We never take the report from law enforcement at face value. Our legal team conducts a thorough, independent investigation into the facts of your case, often beginning before a grand jury even returns an indictment. This may involve:
- Visiting the scene of the alleged crime.
- Interviewing all potential witnesses, not just the ones listed by the police.
- Uncovering and preserving evidence that may be favorable to your case, such as surveillance video.
- Filing open records requests for police dispatch logs, 911 calls, and officer body camera footage.
- Identifying inconsistencies and contradictions in the prosecution’s evidence.
Challenging Illegal Searches and Seizures
The Fourth Amendment protects you from unreasonable search and seizure. If the police found a firearm through an illegal search of your person, vehicle, or home, we will fight to have that evidence suppressed.
- Filing a Motion to Suppress: This is a formal legal request asking the judge to exclude illegally obtained evidence from your case.
- Common Issues: We analyze whether the police had a valid reason to stop you in the first place, whether they had probable cause to conduct a search, or whether they exceeded the scope of a search warrant.
- Impact: If the motion is successful, the prosecutor may be left with no evidence and could be forced to dismiss the charges entirely.
Negotiating with Prosecutors for Reduced Charges
Not every case goes to trial. Through skillful negotiation, it is often possible to achieve a favorable plea bargain without the risk and expense of a full trial. Our reputation as tough, prepared Atlanta criminal lawyers gives us leverage at the negotiating table. Prosecutors know we are not afraid to fight a case in court, which can lead to better plea offers. We may be able to negotiate for:
- A dismissal of the charges.
- A reduction from a felony to a misdemeanor.
- An agreement that avoids jail time.
- Entry into a pre-trial diversion program that can result in the charges being dropped upon completion.
Defending Your Rights at Trial
If a fair plea agreement cannot be reached, we are fully prepared to defend your rights before a judge and jury. Our attorneys are experienced litigators who excel in the courtroom. We will meticulously prepare for trial, holding the prosecution to its burden of proving your guilt beyond a reasonable doubt. Our ultimate goal is an acquittal. This includes:
- Developing a compelling case theory.
- Preparing you to testify, if you choose to do so, and respecting your right to counsel and to remain silent if you do not.
- Skillfully cross-examining the state’s witnesses to expose weaknesses in their testimony.
- Presenting evidence and witness testimony that supports your defense.
- Making persuasive legal arguments to the judge and a compelling closing argument to the jury.
Should a conviction occur, we are also prepared to handle your appeal and argue your case before higher courts, including the Supreme Court of Georgia, if necessary.
Frequently Asked Questions About Atlanta Gun Charges
Facing a gun charge brings a wave of urgent and stressful questions. Here are answers to some of the most common concerns we hear from our clients.
What is the first thing I should do if I’m charged with a gun crime?
The most critical first step is to exercise your right to remain silent and your right to counsel. Do not speak to the police, detectives, or investigators without a lawyer present. Politely state that you will not answer any questions and that you want to speak with your attorney. Anything you say can and will be used against you. Contacting an experienced Atlanta gun crimes lawyer as soon as possible is essential to protecting your rights from the very beginning.
How much does it cost to hire a gun crime lawyer in Atlanta?
The cost of legal representation can vary significantly based on the complexity of the case, the severity of the charges (misdemeanor vs. felony), and whether the case proceeds to trial. Most reputable gun lawyers, including Conoscienti & Ledbetter, offer a free initial consultation to discuss your case and provide a clear understanding of their fee structure.
Can I own a gun again after a felony conviction?
Under current Georgia and federal law, a felony conviction results in a lifetime prohibition on possessing firearms. However, there are limited pathways to restoring these rights. A full pardon from the State Board of Pardons and Paroles that specifically restores your firearm rights can allow you to possess a gun again under Georgia law. This is a difficult and lengthy process, and expungement of the felony itself is not an option, making it all the more critical to fight the felony charge from the outset to avoid the conviction in the first place.
What disqualifies you from getting a weapons carry license in Georgia?
Even though Georgia has permitless carry, many people still want a Weapons Carry License (WCL) for reciprocity with other states. Under O.C.G.A. § 16-11-129, a probate judge must deny a WCL application for several reasons. You can be disqualified if you:
- Have a felony conviction.
- Are currently facing felony charges.
- Have been convicted of certain drug offenses.
- Have been convicted of a misdemeanor involving domestic violence.
- Have been hospitalized as an inpatient in a mental hospital or drug or alcohol treatment center within the last five years.
- Have been adjudicated mentally incompetent.
Schedule a Free Consultation with Our Atlanta Gun Crime Attorneys
If you or a loved one has been arrested for a weapons offense anywhere in the metro Atlanta area, from the suburbs of Cobb County to the streets of downtown, the time to act is now. The decisions you make in the hours and days following an arrest can have a lasting impact on the outcome of your case. Do not face the overwhelming power of the prosecution alone. The dedicated legal team at Conoscienti & Ledbetter is ready to stand with you, protect your rights, and fight for your future. We offer a free, completely confidential consultation to discuss your case, explain your legal options, and outline how our experience can make all the difference. As your gun crimes lawyer in Atlanta, GA, we are committed to providing the aggressive, strategic, and compassionate defense you deserve.
Decatur Office
(404) 373-5800
315 W Ponce de Leon Ave. Suite 400 Decatur, GA 30030
