Carrying a Concealed Weapon
Were You Charged in Georgia with Carrying a Concealed Weapon? Georgia Defense Force Lawyers Will Shield You.
In 2010, Georgia changed its law regarding the right to carry weapons in Atlanta and around the state as well as changing the carrying concealed weapon laws. Anyone can carry a weapon if they:
- Have a valid “weapons carry” permit
- Carry a handgun regardless of whether the handgun is concealed or not
- Are license to carry a weapon or handgun in another state and those laws recognize Georgia weapon carry license
- Have a valid fishing or hunting license
It is legal to own and possess a weapon in a person’s home or place of business. However, a person needs a permit if they want to carry the weapon outside their home or office.
It is Illegal to Carry a Concealed Weapon without a Permit in Georgia
It is legal to own and possess a weapon in a person’s home or place of business. However, a person needs a permit if they want to carry the weapon outside their home or office. In Atlanta, the law prohibits an individual from carrying a weapon under two circumstances. The first circumstance is if they have a permit and need to go into a government building. Weapons are not allowed in any government building. The second circumstance is when the person does not have a permit to carry a weapon.
Georgia Prosecutors have to Prove a Person is Guilty of Violating the Carrying Concealed Weapons Law
A prosecutor has the job of proving beyond reasonable doubt a defendant charged with violating the carrying concealed weapons law is guilty. The term “beyond reasonable doubt” means a jury or judge must be completely convinced of the person’s guilt.
Prosecutors do have help in form of elements. Georgia has specific elements prosecutors must go by to prove guilty beyond a reasonable doubt. These elements are like a guide and include the following:
- The defendant possessing the weapon outside their home or business
- Georgia law requires everyone who takes their weapons outside their home or business to have a permit.
- The defendant did not have a permit at the time they were arrested in Atlanta
Penalty for Carrying Concealed Weapon in Georgia
A person convicted of carrying a concealed weapon for the first time faces a misdemeanor punishment. This punishment is about 12 months in jail and $1,000 fine.
However, the penalty increases if they are charged and convicted a second time. Georgia considers it a second conviction if it happens for a second time within a five-year period. They will receive the felony punishment associated with the crime. The punishment is two to five years in state prison.
Georgia Defense Force, LLC will Defend You in Your Carrying Concealed Weapon Charge in Georgia
Georgia’s carrying concealed weapon laws are complicated and confusing. You can have a weapon in your business or home, but cannot walk around with it outside unless you have a permit. You have the right to defend yourself against the charge.
Contact Yeargan Barber & Kert, LLC for help. We are tough lawyers who will fight for you. You may have made a simple mistake. That mistake should not have permanent consequences. Contact us immediately for help with your case. We offer a free consultation, tough defense and positive ways to resolve your case.