Weapons Offenses and Dangerous Instrumentalities
Weapons offenses are violations of statutes or regulations that control weapons and dangerous instrumentalities. Violations of weapons statutes come with stringent penalties and could cause owners to lose their ability to own guns in the future. If you have been charged with a crime relating to weapons, you need legal representation to preserve your rights and to get you the best outcome possible! Our Georgia Weapons Attorneys have over 20 years of exclusive defense experience so let their experience work for you today. Contact us today and receive your free case evaluation.
Georgia Weapons and Dangerous Instrumentalities Offenses
- Abandoning, Discarding, or Leaving Unattended Containers which Lock or Fasten Automatically or Abandoning or Discarding Motor Vehicle : The offense of abandoning containers can occur in a couple different ways. One way is when a person leaves an abandoned container that is unlocked and accessible to children. The other way is when a person leaves a discarded motor vehicle that can easily be opened accessible to children. A person convicted of this crime will be guilty of a misdemeanor.
- Carrying a Weapon in Unauthorized Locations: There are numerous locations where weapons are not allowed and you can be charged with a crime by bringing them. These places include: courthouses, in a place of worship, on nuclear power facilities, and other places. A person will be charged with a misdemeanor if convicted.
- Carrying a Weapon or Long Gun at Commercial Service Airport: Weapons are not allowed beyond security checkpoints at airports. It is not a crime to carry one in the general parking area, the airport drive, or terminal outside of the screening checkpoint.
- Carrying Weapons within School Zone/School: It is common knowledge that it is a crime to carry a weapon in a school zone. This includes both public and private schools as well as colleges. Weapon is broadly defined under the statute and a person convicted of carrying a weapon in a school zone without a license will be guilty of a felony.
- Carrying a Weapon Without a License: There are situations in Georgia where you are able to carry your weapon without a license. However, if convicted of carrying a weapon without a license in specific places, you could be guilty of a misdemeanor.
- Discharge of a Gun or Pistol Near Public Highway: In Georgia, it is unlawful for a person to discharge a firearm within 50 yards of a public highway. There are a couple exceptions to this rule including shooting at an indoor or outdoor shooting range.
- Discharge of Firearms on Property of Another: It is illegal to discharge a firearm on someone else' property. However, consent from the owner of the property to shoot will be a sufficient defense. Our weapons attorneys in Georgia can help collect evidence to support this argument.
- Discharging Firearm While Under the Influence of Alcohol or Drugs: Driving while under the influence is a serious offense, but discharging a firearm is also a serious offense in Georgia. A person convicted of this crime will be guilty of a misdemeanor of a high and aggravated nature.
- Harming a Law Enforcement Animal : Law enforcement animals include police dogs, fire department animals, patrol dogs, narcotic detection dogs, police horses, and other animals used in performance of law enforcement duties. A conviction for harming a law enforcement animal will be considered a felony and will include hefty fines.
- Furnishing Pistol or Revolver to Person Under the Age of 18: For the most part, it is illegal for a person to intentionally furnish a pistol or revolver to a person under 18. However, if the possession was given for a lawful purpose, then no crime has occurred.
- Furnishing Knuckles or a Knife to a Person Under the Age of 18 Years: In addition to firearms, it is illegal for a person to furnish knuckles or a knife to a person under 18 years of age. The penalty for this offense includes a fine up to $5,000, a prison term up to one year, or both.
- Pointing or Aiming Gun or Pistol at Another: It is illegal to intentionally point or aim a gun at another person. Whether or not the gun was loaded is immaterial. In either situation, a person can be charged with this offense.
- Possession of Firearm by a Convicted Felon or First Offender Probationer: Convicted felons and first offender probationers have strict rules they must adhere to. One of those conditions is that they are prohibited from possessing a firearm.
- Possession of Firearm During Commission of or Attempt to Commit Certain Crimes: Committing a crime or attempting to commit a crime comes with consequences if convicted. However, if the accused possessed a firearm while attempting to or committing a crime, they can also be charged with that offense as well. The accused will then face penalties for each offense.
- Possession of Handgun by a Person Under the Age of 18: Persons under 18 years are prohibited from possessing or having in their control a handgun. It does not matter whether the accused owned the handgun. The punishment for this crime will be a misdemeanor for a first conviction and a felony for a second or subsequent conviction.
- Possession of Sawed Off Shotgun, Dangerous Weapons, or Silencers: It is illegal to possess a sawed off shotgun, dangerous weapon, or silencer in Georgia. However, it is also illegal to use one of these weapons while committing or attempting to commit a crime. In either situation, it is critical to hire an experienced Georgia Weapons Lawyer.
- Revocation of Hunting License: There are two situations where your hunting license can be revoked: when a person uses a firearm in a way that endangers the safety of another or engages in hunting while their license is revoked. Both charges can result in your hunting license being revoked for years.
- Solicitation of Another to Furnish Weapon to Felon or Providing a Firearm to a Felon: In Georgia it is a crime to provide a weapon to a felon but also to convince or solicit another to provide a firearm to a felon. In both situations, the crime is charged as a felony with a prison sentence between one and five years.
- Unlawful Possession of Firearms or Weapons: A person can be convicted of unlawful possession of firearms or weapons when they knowingly have a sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon, or silencer. The penalty is a five year prison term and will result in a felony going on your record.
Penalty for A Conviction
The majority of weapons offenses are categorized as misdemeanor offenses. Misdemeanor convictions carry penalties of up to one year in jail or up to $1,000 in fines, or both. However, some of the crimes will be treated as felonies and carry heavy prison terms and hefty fines. Furthermore, you could lose your ability to own a weapon in the future.
Contact Us Today
Weapons offenses have the potential to have a dramatic impact on your life. Don't let an accident or misunderstanding control your future. Lawson and Berry has over 50 combined years of experience in defense work so let our experience work for you today. We understand that crime does not follow regular working hours so their office is available nights, weekends, and holidays. Contact us today for a free case evaluation.