Every person has the right to protect their home, and with a proper license, to carry a firearm in public. However, gun ownership comes with certain responsibilities under the law. No person may use a gun to help them commit another crime or use a firearm in a reckless manner. Additionally, certain people may never legally own a gun, and a violation of this law could result in a lengthy prison sentence.
A Ringgold gun lawyer could help people to understand their rights and obligations as a gun owner. Attorneys could also work to defeat any allegations of illegal gun use or ownership. Finally, these legal professionals could strive to develop legal defenses that could defeat a prosecutor’s case in court.
Ringgold is in a state that places minimal restrictions on the legal purchasing and ownership of guns. However, there are certain steps that purchasers must follow. A person attempting to buy a gun must provide a state ID and be over the age of 21. If buying from a licensed dealer, a buyer must pass a background check.
Once a person obtains a gun, they do not need a special license to keep it at home or in their vehicle. Even so, people must obtain a weapon carry license if they wish to bring their firearm out in public. Ringgold is in a “shall-issue” state, meaning that the licensing agency must have a valid reason to deny a permit. One common offense that prosecutors allege is that a gun owner did not have a license to carry upon arrest. According to the Official Code of Georgia Annotated §16-11-126(h), a violation of this law is a misdemeanor where a court may sentence a guilty party to up to one year in jail.
Similar laws control who may own any type of firearm. Under O.C.G.A. §16-11-131, people who have a felony conviction on their record in any United States jurisdiction may never legally own or possess a firearm. Convictions here are felonies that carry a mandatory minimum prison sentence of five years. A Ringgold gun charges lawyer could help to defend people against allegations of illegal gun ownership.
While Ringgold makes it fairly easy for a person to own a firearm, the laws are much stricter when it comes to the legal use of that weapon. The simplest examples involving bring a firearm into a restricted area. O.C.G.A. §16-11-127 states that it is a misdemeanor for people to bring a firearm into:
In other situations, it is illegal to bring a firearm into locations without a permit to carry.
Other laws prohibit the reckless use of firearms. O.C.G.A. §16-11-134 criminalizes the discharge of a firearm while under the influence of drugs or alcohol. Convictions here are misdemeanors that carry enhanced fines.
Ultimately, a firearm is a deadly weapon that enhances the severity of other criminal charges. For instance, the use of a gun to commit an assault immediately transforms that assault charge from a misdemeanor to a felony. Additionally, O.C.G.A. §16-11-102 makes it a crime to merely point a gun at another person. However, the possession of a firearm during an attempt to commit a crime against the person of another or in the commission of a burglary commits a felony with a mandatory five-year prison sentence. A Ringgold gun lawyer could help to contest whether the use of a firearm was illegal or whether a gun was present at the scene of an alleged crime.
Few criminal charges are as serious as those that involve a firearm. At the simplest level, it is illegal for some people to ever possess a gun. For others, there are restrictions on where a person may bring a gun or on which firearm they may own.
The most severe allegations are those that involve the illegal use of a gun. From pointing a gun at another person, to firing while intoxicated, to using a gun to help commit another crime, these offenses could be felonies with mandatory minimum prison sentences.
A Ringgold gun attorney could help you. Attorneys could work to explain the nature of the charges and what a prosecutor must prove in court. Additionally, they could then examine the evidence in the claim to help to protect your Constitutional rights. Finally, an attorney could make potent arguments at trial to create reasonable doubt in the minds of jurors. Contact a Ringgold gun attorney today to see how they could help you.