If you are facing charges alleging the illegal use or possession of a firearm, you may find yourself in need of a skilled Fort Oglethorpe gun lawyer. Whenever charges of this nature are leveled, it is vital that aggressive legal representation be sought without delay. Certain gun offenses may be punishable by lengthy periods of incarceration and extreme fines, which makes it vital that you hire a well-versed criminal attorney who could advocate zealously on your behalf for a reduction or potentially a dismissal of your charges.
Misdemeanor gun offenses may be punished by moderate fines and no more than 12 month’s incarceration; however, higher felony crimes may lead to much more serious losses of personal liberty. This makes it crucial that Fort Oglethorpe gun attorney be sought who could pursue all avenues of attack against the state’s case.
For instance, carrying a gun at a school could lead to felony charges, with associated legal punishments including a $10,000 fine and a period of incarceration not to exceed 15 years. Owning a gun that falls under a prohibited class could be accompanied by a maximum prison term of five years. Enhanced sentences may apply if someone has already been convicted of a gun-related crime.
A outlined under Georgia Code §16-11-122, there are certain types of weapons which individuals are strictly prohibited from possessing, including silencers, machine guns, and sawed-off shotguns. Georgia law also places stringent limitations on the locations where a gun may be owned, used or carried.
Locations such as schools, school functions, and churches are among the areas where carrying a weapon is strictly prohibited (see O.C.G.A. §16-11-127 and O.C.G.A. §16-11-127.1). Exceptions may apply to the gun-ban on school property if the owner locks their firearm away in their car. It is also illegal for someone to bring a gun on the premises of nuclear power plants, polling places, prisons, and courthouses.
In most cases, if someone is convicted for carrying a gun at a prohibited location, the offense would usually be chargeable as a misdemeanor. However, taking a gun onto school premises without a carry license, for example, would be charged as a felony crime.
Individuals convicted of a felony offense, or certain classifications of juvenile offenses, are barred from owning a firearm at penalty of felony charges. The only exception would be if the person received a pardon reinstating their gun ownership privileges. Minors may also face felony charges for owning a gun, unless certain exceptions apply (i.e. they were shooting at a gun range). Except for parents supplying a gun to their minor child for a legal use such as at a shooting range, any individual who gives a minor a handgun could also face felony charges.
Individuals who use a firearm while engaging in specific types of offenses may also be charged with a felony, notwithstanding the charges they may receive for the other crime committed. It is a misdemeanor offense for any individual to point a firearm at another person without legal cause or to shoot a gun on someone else’s private property without their approval.
Unless someone has a carry license, they may not open or conceal carry a handgun in public. Certain exceptions apply, such as if the person is fishing with a license or on their own private property. A first-time violation would be charged as a misdemeanor offense, while additional violations are felonies. A gun lawyer in Fort Oglethorpe could provide the strong legal defense needed if charges of this nature are lodged.
To build a thorough defense against any type of firearm-related charge, you need zealous legal representation on your side form the outside. A Fort Oglethorpe gun lawyer who could provide clear counsel and formulate the most effective defense strategies for your case. To learn how an attorney could assist with your case, call today to schedule your initial case evaluation.