Possession Of A Handgun By Person Under The Age Of 18

Defending Possession Of A Handgun By Person Under 18 Cases In Cobb County And In The Atlanta-Metropolitan Area

The Offense

Elements Of the Crime

Georgia Code 16-11-132 defines the offense of Possession of Handgun by Person Under the Age of 18 Years as follows:

Notwithstanding any other provisions of this part and except as otherwise provided in this Code section, it shall be unlawful for any person under the age of 18 years to possess or have under such person's control a handgun.

Definitions

Georgia Code 16-11-125.1 defines a "handgun” as a firearm of any description, loaded or unloaded, from which any shot, bullet, or other missile can be discharged by an action of an explosive where the length of the barrel, not including any revolving, detachable, or magazine breech, does not exceed 12 inches; provided, however, that the term “handgun” shall not include a gun which discharges a single shot of 0.46 centimeter or less in diameter.

A handgun is considered loaded if there is a cartridge in the chamber or cylinder of the handgun.

This Crime Can Be Charged As Either A Misdemeanor Or A Felony

Misdemeanor

A first conviction for this offense is a misdemeanor and shall be punished by a fine not to exceed $1,000.00 or by imprisonment for not more than 12 months, or both.

Felony

A person convicted of a second or subsequent violation of this subsection shall be guilty of a felony and shall be punished by a fine of $5,000.00 or by imprisonment for a period of three years, or both.

I Am Going Hunting With My Family. Am I Breaking The Law? Are There Any Exceptions To This Law For People Under 18 Years Old?

Yes. The Georgia legislature has written into the law various exceptions where people under 18 can still possess and carry handguns. Georgia Code 16-11-132(c) states that this law shall not apply to any person who is:

(A) Attending a hunter education course or a firearms safety course;

(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.

In addition, people under the age of 18 years who are:

on real property under the control of such person's parent, legal guardian, or grandparent and who have the permission of such person's parent or legal guardian to possess a handgun; or
are at such person's residence and who, with the permission of such person's parent or legal guardian, possesses a handgun for the purpose of exercising the rights authorized in Georgia Code Section 16-3-21 or Georgia Code Section 16-3-23, which are the use of force to defend oneself, to defend others, and to defend a place of habitation are legally allowed to possess a handgun.

When These Exceptions Do Not Apply

The exceptions stated above do not apply to those who have been convicted of a forcible felony or forcible misdemeanor, or who has been adjudicated for committing a delinquent act for an offense which would constitute a forcible felony or forcible misdemeanor.

Addison Waid has years of experience both prosecuting and defending cases involving the possession of firearms and other dangerous weapons.

Call The Law Office of Addison C. Waid IV, LLC today at 770-727-1088 or contact us online to see how he can help you defend this type of criminal case.