Georgia is a very pro-firearm ownership state. There are, for example, no requirements for permits or licensing to buy or possess a firearm, no gun registration requirements and there are no background checks before purchase. Georgia has two types of firearm licenses: weapons carry and concealed carry. A weapons carry license is needed to carry a handgun, but is not required for a person to carry on his or her property or inside his or her home, motor vehicle, or place of business. There are also exceptions if the handgun is loaded and kept in a case and for carrying a firearm while hunting or fishing with a valid license.
That being said, like every other State, Georgia makes it unlawful for any person convicted of a felony to possess, receive or transport any firearm. See Ga. Code 16-11-131. A “firearm” is broadly defined and includes Tasers. Violation of the statute is a felony.
Unlike some States, Georgia does not restrict firearm ownership and possession rights based on any other facts like mental infirmity or addiction (although a carry permit cannot be issued to any person who has been hospitalized as an inpatient in any mental hospital or alcohol or drug treatment center within the five years immediately preceding the application).
Restoring firearm rights in Georgia – the process
Restoring firearm rights can be difficult in Georgia. Essentially, one must obtain a pardon or a relief from firearm rights disability. Both are handled by the Georgia State Board of Pardons and Paroles (“SBPP”). There are two application forms: a general form and a form for those who are registered sex offenders. See information page here.
The forms are used for all purposes, including seeking pardons, seeking to restore civil rights and seeking to restore firearm rights.
As noted on the forms, a pardon is “an act of official forgiveness, and is granted only in exceptional cases.” Further, a pardon will not automatically restore firearm rights.
An alternative is to seek a restoration of firearm rights. To do this, a person must “check the line” which states: “Restoration of Right to Receive, Possess or Transport in Commerce a Firearmwhere firearm rights restoration is sought.” Since a State-level felony conviction will cause a ban on owning and possessing a firearm under federal law, to obtain relief from the federal ban, a person must also obtain a restoration of their civil rights. Thus, a person should also “check the line” that states: “Restoration of Civil and Political Rights.”
In Georgia, the civil rights that are restored are the right to hold public office, the right to serve on a jury and the right to be a notary public. The right to vote is automatically restored when a person completes their sentencing. The other rights are restored through application with the SBPP.
Eligibility requirements
Eligibility requirements for an application for restoration of firearm rights are these:
- Applicant has completed his/her full sentence obligation, including serving any probated sentence and paying any fine
- Applicant been free of supervision (custodial or non-custodial) AND criminal involvement for at least 10 years – this could be longer than 10 years since the actual requirement is that the person must be free of supervision and criminal conduct for 5 years after completing all sentence obligations AND for 5 years immediately prior to applying
Registered sex offenders have more extensive eligibility requirements.
Exceptions
Unlike many states, there are no exceptions barring certain State-convicted felons from applying. Of course, the severity of the crime will affect success in obtaining firearm right restoration. That being said, the SBPP is not allowed to consider restoring firearm rights to any former offender convicted of a federal offense or dishonorably discharged from the Armed Forces. See Ga. Comp. R. & Regs. 475-3-.10(4).
Application process and timing
According to the SBPP, the process takes between 6 and 9 months to complete. The application must be completed and the applicant must submit 3 letters of reference from citizens (non-family members) of “unquestionable integrity.” There are various requirements for the letters including the reference’s signature, valid notarization and contact information (to validate authenticity).
Further, all applicants must submit to fingerprinting and provide a criminal history obtained within 30 days of submission of the application. Applicants must also obtain and submit all relevant criminal disposition documents from the Clerk of Court in the county of conviction.
Once the application is filed, the SBPP will seek written comments on the application by sending notice to any registered victim(s) of the crime(s) and by sending notice to the relevant district attorney(s) of the judicial circuits out of which all convictions have occurred. In general, any victim or district attorneys have ten days from the date of the notice to submit any information that they wish the BP&P to consider before making its decision on firearm rights restoration.
Finally, an applicant must submit to a personal face-to-face interview with a SBPP staff member. Photo identification must be provided at the time of the interview.
The BP&P does not conduct hearings. Rather, the disposition of an application is based on the written record.
Special note on “dead docket” criminal cases
To consider an application for firearm rights restoration, the SBPP requires that all “dead docket” cases that appear on an applicant’s criminal history must be disposed of prior to filing an application. If there are “dead docket” cases on an applicant’s criminal history, the application will be denied. A “dead docket” case typically involves an arrest/charge that is not finished – fully disposed of – by the relevant court. This can happen when the prosecuting attorney does not pursue a case, but there is no official court order disposing of the case or a proper filing made by the prosecuting attorney.
Find A Firearm Rights Attorney Today
If a conviction or something else in your past is inhibiting your ability to own and carry a firearm, you may benefit from the help of an experienced firearm rights-focused attorney. FirearmRights.net can help you find attorneys in your area that can provide advice and legal counsel. This website has been developed by firearm rights attorneys with extensive experience in protecting firearm rights. Our goal is to support the firearm community by restoring the rights of people who deserve them.
Click on the “Restore Your Rights” tab to be connected with a dedicated attorney in your area who can review the facts of your case and start the journey to reclaiming your second amendment rights.