Can a gun charge be dismissed if the search was illegal?

Often, yes. If police seized a firearm through an unlawful stop, search, or seizure in violation of the Fourth Amendment, a motion to suppress can keep that evidence out of court. Without the gun in evidence, the State frequently cannot prove its case.

What is constructive possession of a firearm?

Constructive possession means the State claims you had the power and intent to control a firearm you were not physically holding — for example, a gun found in a shared car or home. Mere proximity is not enough, and these cases are highly defensible when more than one person had access.

Georgia Gun & Weapon Charge Lawyers | Atlanta Firearm Offense Defense Attorneys | Morrison & Hughes

Georgia Gun & Weapon Charge Defense

Georgia Gun & Weapon Charge Lawyers

Q: Do I need a license to carry a handgun in Georgia?

As of July 1, 2022, Georgia is a 'constitutional carry' state under SB 319. Any adult who is legally eligible to possess a firearm may carry it openly or concealed without a Weapons Carry License. But carry remains illegal for prohibited persons (such as convicted felons) and in restricted places like courthouses, secured government buildings, and school safety zones.

Q: What is the penalty for possession of a firearm by a convicted felon in Georgia?

Under O.C.G.A. § 16-11-131, possession of a firearm by a convicted felon is a felony punishable by one to ten years in prison, with a mandatory minimum of five years on a second or subsequent conviction. First offender and forcible-felony enhancements can apply.

Q: What does 'possession of a firearm during the commission of a felony' mean?

O.C.G.A. § 16-11-106 makes it a separate felony to have a firearm or a knife with a 3-inch-or-longer blade on or within arm's reach during certain crimes. It carries a mandatory five-year sentence that runs consecutively to the underlying charge — ten years for a second conviction, which cannot be probated.

Q: Is it illegal to point a gun at someone in Georgia?

Under O.C.G.A. § 16-11-102, intentionally and without legal justification pointing or aiming a gun at another is a misdemeanor — even if the gun is unloaded. If the act places the victim in reasonable fear of immediate violent injury, the State may instead charge felony aggravated assault.

We Don't Back Down.

A weapon charge in Georgia can follow you for life — and the State will treat lawful gun owners and the accused the same. Morrison & Hughes defends your Second Amendment rights, your right to lawful carry, and the presumption of innocence. Aggressive, confidential representation statewide.

Request a Confidential Case Review Call 404-LAW-TEAM

Confidential — protected from disclosure

Seasoned criminal trial lawyers

6 office locations across Georgia

GA Crime Guns Traced

Recovered & traced in 2023 (ATF)

Sourced In-State

GA dealers supplied 82% of traced crime guns (ATF/Everytown)

0 yr

Mandatory Minimum

Firearm during a felony, consecutive (O.C.G.A. § 16-11-106)

0 yr

Max Felon-in-Possession

1–10 yrs per conviction (O.C.G.A. § 16-11-131)

Defending the Accused Across Georgia

A Gun Charge Is Not a Conviction. We Make the State Prove It.

Georgia is a strong Second Amendment state, and since 2022 most law-abiding adults can carry a handgun without a license. Yet weapon charges are filed every day — often after a traffic stop, a search of a shared car or home, or an argument that escalated. Prosecutors stack firearm enhancements on top of other charges because they carry mandatory time. The stakes are enormous, and the margin for error is small.

Morrison & Hughes Law Firm defends people charged with gun and weapon offenses throughout Georgia — from metro Atlanta to LaGrange. We scrutinize how police obtained the weapon, whether you actually possessed it, and whether your conduct was lawful carry the State has mischaracterized as a crime. Everything you tell us is confidential, and you are presumed innocent until the State proves otherwise.

Tell Us What You're Facing

Defense attorney reviewing case documents at a desk

The Numbers Behind Georgia Gun Cases

Georgia Firearm & Weapon Offense Statistics

The data below is drawn from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Georgia Bureau of Investigation (GBI), and the FBI Uniform Crime Reporting program. They show how aggressively firearms are policed in Georgia — and why early, experienced defense matters.

Penalty Exposure by Charge

Maximum prison exposure, common GA gun charges (years)

Source: O.C.G.A. §§ 16-11-131, 16-11-106, 16-11-127.1, 16-11-127 & 16-11-102 (statutory maximums; school-zone felony 2–10 yrs).

GA Crime Guns Recovered & Traced

Firearms traced in connection with crime, Georgia

Source: ATF Firearms Trace Data: Georgia, 2020–2023 (figures rounded; 2023 = 22,673).

Source of GA Crime Guns

Where traced Georgia crime guns originated

Source: ATF / Everytown — 82% of traced GA crime guns were first sold by in-state dealers (2023).

Time-to-Crime: Georgia vs. U.S.

Average years from first sale to recovery (2023)

Source: ATF Firearms Trace Data, 2023 — Georgia average 5.39 yrs vs. national 6.76 yrs.

Charges We Defend

Georgia Gun & Weapon Charges and Their Penalties

Georgia weapon offenses range from a misdemeanor citation to felonies that carry mandatory, non-probatable prison time. The right charge — and the right defense — can change everything. Here are the offenses we most often defend.

Possession of a Firearm by a Convicted Felon

It is a felony for someone with a prior felony conviction (or first-offender probationer) to possess, receive, or transport a firearm. "Possession" is often constructive and hotly contested.

O.C.G.A. § 16-11-131 · 1–10 yrs · 5-yr min on repeat

Possession of a Firearm During a Felony

A separate charge for having a firearm or a 3-inch knife within arm's reach during certain crimes. It carries a mandatory sentence that stacks on top of the underlying case.

O.C.G.A. § 16-11-106 · mandatory 5 yrs consecutive

Carrying in a Prohibited Location

Even a lawful carrier commits an offense by carrying into courthouses, secured government buildings, and other restricted places. Exceptions and notice rules matter.

O.C.G.A. § 16-11-127 · misdemeanor

Weapon in a School Safety Zone

Carrying a weapon within a school safety zone, at a school function, or on school transportation. The penalty depends on license status and the type of weapon.

O.C.G.A. § 16-11-127.1 · misdemeanor to 2–10 yrs felony

Pointing or Aiming a Firearm

Intentionally pointing a gun at someone without legal justification — loaded or not. If it placed the person in fear of immediate harm, the State may charge felony aggravated assault instead.

O.C.G.A. § 16-11-102 · misdemeanor (up to 12 mo.)

Possession of a Stolen or Altered Firearm

Possessing a stolen firearm, or a gun with an altered or removed serial number, is charged as a felony — often alongside theft-by-receiving and other counts.

O.C.G.A. §§ 16-8-7, 16-9-70 · felony exposure

Know Your Rights

Georgia "Constitutional Carry" — What's Legal, What's Still a Crime

In 2022, Georgia enacted SB 319 ("constitutional carry"). It removed the Weapons Carry License requirement for eligible adults — but it did not legalize everything. Many people are charged precisely because they misunderstand where the new law stops.

What Constitutional Carry Allows

Effective July 1, 2022, any adult who is legally eligible to own a handgun may carry it openly or concealed in most public places without a license. Carry in your home, vehicle, and place of business was already protected.

Who Still Cannot Carry

The law does not help prohibited persons. Convicted felons, those facing felony charges, people with certain drug convictions, and those recently treated for serious mental-health or substance issues remain barred from possessing or carrying.

Where Carry Is Still Illegal

Guns remain prohibited in courthouses, secured government buildings, school safety zones, the secured areas of airports, and other restricted locations under O.C.G.A. §§ 16-11-127 and 16-11-127.1 — license or not.

How We Fight Back

Defenses to Georgia Gun & Weapon Charges

Gun cases turn on details the State would rather you overlook: how the weapon was found, who actually controlled it, and whether your conduct was simply lawful. We build every defense as though the case is going to trial.

4th Amendment

Unlawful Search & Seizure

If officers stopped, searched, or detained you without reasonable suspicion or probable cause, the firearm may be suppressed. When the gun is excluded, the State's case often collapses entirely.

Possession

Constructive vs. Actual Possession

A gun in a shared car or home is not automatically yours. The State must prove you knew about it and had the power and intent to control it — proximity alone is not enough.

2nd Amendment

Lawful Carry & Eligibility

Under constitutional carry, what police charged as a crime may have been entirely lawful. We show eligibility, lawful purpose, and the limits of the statute the State is trying to stretch.

Standing & Procedure

Standing, Chain of Custody & Intent

We challenge whether the State can place the weapon with you, whether chain of custody is intact, and whether the required criminal intent exists. Each gap is reasonable doubt.

Confidential Case Review

Request a Confidential Case Review

Tell us about the charge you're facing. Your message goes straight to our defense team and is kept confidential. A Morrison & Hughes attorney will reach out promptly — no judgment, no obligation. If your situation is urgent, call 404-LAW-TEAM now and, until you speak with us, exercise your right to remain silent.

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Your Charge(s)

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Thank you for trusting Morrison & Hughes. Your information is confidential. A criminal defense attorney will review what you've shared and contact you promptly to discuss your options.

Need to talk now? Call 404-LAW-TEAM — we're available 24/7 after an arrest. Until you speak with us, exercise your right to remain silent.

Know the Statutes

Georgia Gun Laws That Drive Your Case

These are the statutes Georgia prosecutors rely on in firearm and weapon cases — and the deadlines that govern how long the State has to charge you. Understanding them is the first step in building a defense.

O.C.G.A. § 16-11-131

Possession of a Firearm by a Convicted Felon

A felony for a convicted felon or first-offender probationer to possess, receive, or transport a firearm. Punishment is one to ten years, with a mandatory five-year minimum on a second or subsequent conviction. Forcible-felony enhancements apply to attempts to purchase.

O.C.G.A. § 16-11-106

Firearm/Knife During Commission of a Felony

A separate felony for having a firearm — or a knife with a 3-inch-plus blade — on or within arm's reach during certain crimes. It carries a mandatory five years, consecutive to the underlying sentence; ten years on a second conviction, which cannot be probated.

O.C.G.A. § 16-11-127

Carrying in Unauthorized Locations

Even a lawful carrier commits a misdemeanor by carrying in a courthouse or secured government building. The statute has important exceptions for license holders who notify security and for weapons secured in a vehicle.

O.C.G.A. § 16-11-127.1

Weapons in School Safety Zones

Carrying a weapon within a school safety zone, at a school function, or on school transportation. License holders typically face a misdemeanor; non-license holders face a 2-to-10-year felony, and dangerous weapons carry 5–10 years.

O.C.G.A. § 16-11-102

Pointing or Aiming a Gun at Another

Intentionally and without legal justification pointing a gun at someone — loaded or not — is a misdemeanor (up to 12 months). If it placed the victim in reasonable fear of immediate injury, the State may charge felony aggravated assault instead.

O.C.G.A. § 17-3-1 · SB 319 (2022)

Limitations & Constitutional Carry

Most felonies must be charged within four years and misdemeanors within two years. Since July 1, 2022, eligible adults may carry without a Weapons Carry License — but prohibited persons and restricted locations are still off-limits.

If You've Been Arrested or Charged

What to Do After a Gun or Weapon Charge in Georgia

What you do in the first hours after a weapon arrest can shape the entire case. Police and prosecutors are already building their file — yours should start now.

1. Exercise Your Right to Remain Silent

You are not required to explain the gun, the search, or anything else. Politely state that you want a lawyer and stop talking. Statements are the most common evidence used against the accused.

2. Do Not Consent to a Search

You can decline to consent to a search of your car, home, or phone. Declining is not an admission of guilt — it preserves your Fourth Amendment challenges.

3. Write Down What Happened

As soon as you can, record the time, place, what officers said, who else was present, and whether you were stopped, searched, or detained. Details fade fast.

4. Don't Discuss the Case

Not with police, not on the phone from jail, not on social media. Jail calls are recorded, and posts are discoverable. Share details only with your attorney.

5. Preserve Evidence of Lawful Ownership

Receipts, registration, prior license, and anything showing eligibility or lawful purpose can be powerful. Don't alter or dispose of anything.

6. Call Morrison & Hughes Immediately

The earlier we're involved, the more we can do — preserving evidence, filing suppression motions, and protecting you at first appearance and bond.

Common Questions

Georgia Gun & Weapon Charge FAQs

Do I need a license to carry a handgun in Georgia?

As of July 1, 2022, Georgia is a "constitutional carry" state under SB 319. Any adult who is legally eligible to possess a firearm may carry it openly or concealed without a Weapons Carry License. But carry remains a crime for prohibited persons (such as convicted felons) and in restricted places like courthouses, secured government buildings, and school safety zones (O.C.G.A. §§ 16-11-127, 16-11-127.1).

What is the penalty for possession of a firearm by a convicted felon?

Under O.C.G.A. § 16-11-131, it is a felony punishable by one to ten years in prison, with a mandatory minimum of five years on a second or subsequent conviction. First-offender status and forcible-felony enhancements can change the exposure. Because these cases often rely on constructive possession, they are frequently defensible.

What does "possession of a firearm during the commission of a felony" mean?

O.C.G.A. § 16-11-106 makes it a separate felony to have a firearm — or a knife with a 3-inch-or-longer blade — on or within arm's reach during certain crimes. It carries a mandatory five-year sentence that runs consecutively to the underlying charge (ten years on a second conviction, which cannot be probated). It is charged in addition to the predicate felony.

Can my gun charge be dismissed if the search was illegal?

Often, yes. If police seized the firearm through an unlawful stop, search, or seizure in violation of the Fourth Amendment, we can file a motion to suppress to keep that evidence out of court. Without the gun in evidence, the State frequently cannot prove its case, and charges may be reduced or dismissed.

The gun wasn't even mine — can I still be charged?

Yes, under a theory of constructive possession, the State may charge you for a firearm you were not physically holding — for example, one found in a shared car or home. But mere proximity is not enough: the State must prove you knew about the gun and had the power and intent to control it. When more than one person had access, these cases are highly defensible.

Is it illegal to point a gun at someone in Georgia?

Under O.C.G.A. § 16-11-102, intentionally and without legal justification pointing or aiming a gun at another is a misdemeanor — even if the gun is unloaded. If the act placed the victim in reasonable fear of immediate violent injury, the State may instead charge felony aggravated assault, which carries far greater exposure. The distinction is often where the case is won or lost.

Is what I tell Morrison & Hughes confidential?

Communications with our attorneys for the purpose of seeking legal advice are protected. We handle every matter with discretion. The initial consultation is confidential — and you are presumed innocent. We do not judge; we defend.

From the Morrison & Hughes Blog