Have You Been Charged with Furnishing a Pistol or Revolver to a Person Under 18 in Georgia?
Georgia heavily punishes those convicted of weapon offenses, and it is critical to hire an experienced Georgia Weapons Lawyer. Most people charged with a weapon related crime end up with a felony on their record. Don't let that happen to you! We have over 50 combined years of criminal defense experience. We know how to protect your rights, your future, and your freedom. Call now for a free case evaluation.
Georgia Law on Furnishing a Pistol or Revolver to a Person Under 18
Georgia law O.C.G.A. § 16-11-101.1(b) states It shall be unlawful for a person intentionally, knowingly, or recklessly to sell or furnish a pistol or revolver to a minor.
There are some exceptions to this rule. If possession of the pistol or revolver was given to a minor for a lawful purpose, then no crime has occurred. Minors are permitted to possess a pistol or revolved when:
(B) Engaging in practice in the use of a firearm or target shooting at an established range authorized by the governing body of the jurisdiction where such range is located;
(C) Engaging in an organized competition involving the use of a firearm or participating in or practicing for a performance by an organized group under 26 U.S.C Section 501(c)3) which uses firearms as a part of such performance;
(D) Hunting or fishing pursuant to a valid license if such person has in his or her possession such a valid hunting or fishing license if required; is engaged in legal hunting or fishing; has permission of the owner of the land on which the activities are being conducted; and the handgun, whenever loaded, is carried only in an open and fully exposed manner; or
(E) Traveling to or from any activity described in subparagraphs (A) through (D) of this paragraph if the handgun in such person's possession is not loaded.
O.C.G.A. § 16-11-132.
It is critical to note that parents are not exempt from this crime and face severe consequences if they allow their child or another minor to take possession.
O.C.G.A. § 16-11-101.1(c) states
(1) It shall be unlawful for a parent or legal guardian to permit possession of a pistol or revolver by a minor if the parent or legal guardian knows of a minor's conduct which violates the provisions of O.C.G.A. § 16-11-132 and fails to make reasonable efforts to prevent any such violation of O.C.G.A. § 16-11-132.
(2) Notwithstanding any provisions of subsection (c) of O.C.G.A. § 16-11-132 or any other law to the contrary, it shall be unlawful for any parent or legal guardian intentionally, knowingly, or recklessly to furnish to or permit a minor to possess a pistol or revolver if such parent or legal guardian is aware of a substantial risk that such minor will use a pistol or revolver to commit a felony offense or if such parent or legal guardian who is aware of such substantial risk fails to make reasonable efforts to prevent commission of the offense by the minor.
(3) In addition to any other act which violates this subsection, a parent or legal guardian shall be deemed to have violated this subsection if such parent or legal guardian furnishes to or permits possession of a pistol or revolver by any minor who has been convicted of a forcible felony or forcible misdemeanor, as defined in O.C.G.A. § 16-1-3, or who has been adjudicated for committing a delinquent act under the provisions of Article 6 of Chapter 11 of Title 15 for an offense which would constitute a forcible felony or forcible misdemeanor, as defined in O.C.G.A. § 16-1-3, if such minor were an adult.
Under Georgia law, parents or guardians have a heightened responsibility when furnishing pistols or revolvers to minors. If you are a parent or guardian and have been charged under this statute, you need an experienced weapons attorney in Georgia. We understand that mistakes happen, and parents may not have known of their child's intention. We want to help protect your future and your rights!
Penalty for Furnishing a Pistol or Revolver to a Person Under 18 in Georgia
If convicted of violating subsection (b) or (c) of O.C.G.A. § 16-11-101, the accused will be guilty of a felony and punished by a maximum fine of $5,000, a prison term between three and five years, or both.
Georgia Defenses to Furnishing a Pistol or Revolver to a Person Under 18
Furnishing weapons to people under 18 in Georgia requires that the defendant knowingly sell or furnish the weapon to a minor. Any evidence that the accused was unaware the person was under 18 would be very beneficial in getting the charges reduced or dismissed.
Another defense could be that a weapon was not sold or furnished. If the item sold was not a weapon, that would also be a defense.
With regards to a parent, if reasonable efforts were made to prevent the commission of a crime, we will use this evidence to obtain a lower sentence.
No matter what the particulars of your case may be, there are always Georgia Criminal Defenses at your disposal. Our weapons lawyers in Georgia have more than 20 years of experience in exclusively criminal law. We are proficient in reaching resolutions outside of trial but are also extremely capable of taking your case to trial. However, we will discuss all your options with you before you choose how to proceed with your situation.
Contact Us Today
If you or a loved one has been charged with a weapon crime, you are facing severe penalties that will put your future and freedom at risk. We are experienced in handling weapons possession cases and want to help you achieve the best possible result for your case. We have built relationships with prosecutors throughout Georgia that will help you get the best result. Call now for a free no-obligation consultation.