Charged with a Gun Crime in Georgia? You Need a Proven Defense.
Georgia takes firearm offenses seriously. Even a first-time weapons charge can carry mandatory prison time, felony status, and long-term consequences. Whether you’re accused of illegal possession, using a weapon during another crime, or being a felon in possession of a firearm, your freedom and future are at stake.
At the Waid Law Firm, we defend clients charged with gun-related crimes throughout Cobb County, Fulton County, and the metro Atlanta area. Attorney Addison Waid is a former prosecutor who understands how these charges are built – and how to defend them strategically.
Whether this is your first, or a repeat offense, we can help.
Common Firearm-Related Charges in Georgia
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In all cases, possession of a firearm by a convicted felon and first offender probationers is a felony offense. It is illegal for anyone convicted of a felony, or on probation as a First Offender, or under Conditional Discharge, to possess, receive, or transport a firearm.
First offense:
1–10 years in prison
Second offense:
5-10 years in prison, or if the felony was “forcible”: mandatory 5 years
If the felony for which the person is on probation or has been previously convicted is a forcible felony: 5 years in prison
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In all cases, possession of a firearm during the commission of a crime is a felony offense. Any person who has within arm’s reach of his or her person a firearm or knife with a blade of 3 or more inches in length during the commission of, or the attempted commission of any crime against the person of another, the unlawful entry into a building or vehicle, a theft from a building or vehicle, or the unlawful possession, sale, or trafficking of marijuana or controlled substance.
First offense:
A mandatory 5-year prison sentence that shall be served consecutively to any other sentence that the person has received
Second or subsequent offense:
10 years in prison, which shall not be suspended or served on probation
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It is generally illegal for minors under 18 to possess a handgun, except in limited, lawful circumstances.
First offense:
Misdemeanor, up to 12 months in jail or a $1,000 fine
Second or subsequent offense:
Felony, 3 years in prison, a $5,000 fine, or both
Legal exceptions include hunting, target practice, competitions, and self-defense on private property
Understanding Possession: Actual vs. Constructive
Actual Possession: The firearm is found on your person (e.g., in your pocket or hand)
Constructive Possession: The firearm is not located on your person, but the prosecutor must show that you knew about the firearm and had the power and intent to control it (e.g., car center console, home)
In many gun cases, prosecutors rely on constructive possession. We challenge these types of cases aggressively to weaken the State’s case.
Legal Defenses to Firearm Charges
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No actual or constructive possession
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Illegal search or seizure
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The firearm belonged to someone else
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Statutory exception (e.g., lawful hunting by a minor)
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Violation of constitutional rights (e.g., 2nd or 4th Amendments)
Why Clients Choose
The Waid Law Firm
✔ Former Prosecutor with Firearm Case Experience
✔ Knowledge of Georgia’s Complex Gun Laws
✔ Skilled in Motions to Suppress & Pretrial Strategy
✔ Defending Clients in Cobb, Fulton, and Metro Atlanta Courts
✔ Client-First, Trial-Ready Representation
If you’re facing a firearm-related charge in Georgia, don’t wait. Contact our office now to begin your defense.
Get a free consultation
Contact us today to schedule your free consultation so we can discuss your case,
your needs, and your best options moving forward.