A firearm or weapons charge in Georgia can have serious consequences for your freedom, criminal record, and future. Depending on the offense, you could face significant fines, incarceration, probation, restrictions on firearm possession, and other long-term consequences. A conviction may also affect employment opportunities, professional licensing, housing, and other areas of your life.
If you have been accused of a firearm-related offense, you need a defense attorney who understands Georgia’s weapons laws and knows how to examine the evidence against you. Waid Law Firm, LLC represents clients facing firearm and weapons charges in Marietta, Cobb County, Fulton County, and throughout the metro Atlanta area.
Experience You Can Trust
Defense You Can Rely On
Experienced Counsel. Personal Attention. Powerful Defense.
Attorney Addison Waid is a former prosecutor who understands how criminal cases are investigated and presented by the State. That experience can provide valuable insight when evaluating the prosecution’s evidence, identifying weaknesses in the case, challenging improper police procedures, and developing a defense strategy based on the specific circumstances.
Waid Law Firm, LLC is conveniently located at 399 Washington Ave NE, Marietta, GA 30060, near the heart of downtown Marietta. The office is easily accessible from Washington Avenue, Roswell Street, Cherokee Street, Atlanta Street, and Whitlock Avenue. The firm serves clients throughout Downtown Marietta, East Cobb, West Cobb, Smyrna, Vinings, Kennesaw, Acworth, and surrounding Cobb County communities, as well as clients from throughout the greater metro Atlanta area who are facing firearm and weapons charges.
Call Waid Law Firm, LLC at 470-458-9866 to speak with a Marietta firearm crimes defense attorney about your case.
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Georgia Firearm and Weapons Charges
Georgia law prohibits certain types of firearm possession and conduct involving weapons. Some offenses are misdemeanors, while others are serious felonies carrying substantial prison exposure.
Waid Law Firm, LLC can defend individuals accused of a variety of firearm-related offenses, including:
- Possession of a firearm by a convicted felon
- Possession of a firearm by a person on First Offender probation or Conditional Discharge
- Possession of a firearm during the commission of a crime
- Unlawful possession or carrying of certain weapons
- Firearm offenses connected to alleged drug crimes
- Weapons offenses arising from theft or other criminal allegations
- Handgun possession by a person under 18 in circumstances prohibited by law
- Firearm allegations involving unlawful searches or seizures
- Other Georgia state or federal firearm-related offenses
The potential consequences depend on the particular charge, the evidence, the defendant’s prior criminal history, and other circumstances surrounding the alleged offense.
Possession of a Firearm by a Convicted Felon
Georgia law generally prohibits individuals who have been convicted of qualifying felonies from possessing, receiving, or transporting firearms. Similar restrictions can apply to individuals subject to certain First Offender or Conditional Discharge conditions.
A conviction can result in a felony record and significant prison exposure. However, simply finding a firearm near an accused person does not necessarily establish that the person knowingly possessed it.
This makes the circumstances surrounding the alleged possession extremely important. The defense may need to examine where the firearm was discovered, who had access to the location, whether the accused knew the firearm was present, and whether the State can establish the required elements of the offense.
Possession of a Firearm During the Commission of a Crime
Georgia also imposes serious penalties for possessing a firearm during the commission or attempted commission of certain crimes.
These allegations can arise when prosecutors claim that a person had a firearm within reach while committing another qualifying offense. A firearm charge may result in substantial additional sentencing consequences beyond those associated with the underlying crime.
Because these cases can significantly increase a person’s potential exposure, the prosecution’s evidence should be carefully examined. Questions concerning possession, timing, intent, the underlying offense, and the circumstances of the alleged firearm possession may all become important to the defense.
Actual and Constructive Possession
One of the most important issues in many Georgia firearm cases is whether the accused actually possessed the weapon.
Actual possession generally involves a firearm being found directly on the accused, such as in a pocket, hand, or another location under immediate physical control.
Constructive possession is more complicated. A firearm may be found in a vehicle, residence, room, or another location that is accessible to several people. In these situations, prosecutors may attempt to establish that the accused knew the firearm was present and had the ability and intent to exercise control over it.
For example, the discovery of a firearm inside a vehicle does not automatically establish who possessed it if multiple people had access to the vehicle. Similarly, finding a firearm in a shared residence may raise questions about ownership, knowledge, and control.
Waid Law Firm, LLC examines these issues closely when developing a defense to a firearm possession allegation.
Possible Defenses to Firearm Charges
Every firearm case is different, and the appropriate defense depends on the facts and evidence. Potential defense issues may include:
No actual or constructive possession: The State may be unable to prove that the accused knowingly possessed or controlled the firearm.
The firearm belonged to someone else: When a weapon is found in a shared home, vehicle, or other location, ownership and access may be important.
Illegal search or seizure: If police obtained the firearm through an unlawful search or seizure, the defense may be able to challenge the admissibility of the evidence.
Constitutional violations: Traffic stops, searches, interrogations, arrests, and other law-enforcement actions may raise Fourth Amendment or other constitutional concerns.
Statutory exceptions: Certain Georgia firearm laws contain exceptions or circumstances in which conduct may be lawful. The specific facts must be reviewed to determine whether an exception applies.
Weak or inconsistent evidence: Police reports, witness statements, surveillance footage, physical evidence, and other information may contain inconsistencies or gaps that can affect the prosecution’s case.
How a Firearm Conviction Can Affect Your Future
The consequences of a firearm conviction may extend beyond jail or prison. Depending on the circumstances, you could face:
- Incarceration
- Significant fines
- Probation
- A permanent criminal record
- Restrictions on firearm possession
- Employment difficulties
- Professional licensing problems
- Housing-related consequences
- Additional legal restrictions based on prior convictions
Because a weapons case can affect many areas of your life, it is important to take the charge seriously from the beginning.
Why Choose Waid Law Firm, LLC?
Waid Law Firm, LLC provides focused criminal defense representation for clients facing serious allegations in Marietta and the surrounding metro Atlanta area.
Former Prosecutor Experience: Attorney Addison Waid understands how prosecutors evaluate evidence and build criminal cases.
Knowledge of Georgia Law: Firearm statutes can be complicated, particularly when weapons allegations involve prior convictions or other criminal charges.
Strategic Defense: Depending on the circumstances, defense strategies may include investigating constitutional violations, challenging evidence, filing motions to suppress, negotiating with prosecutors, or preparing for trial.
Local Representation: The firm serves clients in Marietta, Cobb County, Fulton County, and surrounding metro Atlanta communities.
Client-Focused Advocacy: Every firearm case deserves a careful review of the facts, evidence, applicable law, and potential consequences.
Common Firearm-Related Charges in Georgia
Possession of a Firearm by a Convicted Felon and First Offender Probationers (Georgia Code 16-11-131)
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:
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
Possession of a Firearm During the Commission of a Crime (Georgia Code 16-11-106)
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
Possession of a Handgun by a Person Under 18 (Georgia Code 16-11-132)
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
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.
Reach Out To A Marietta Firearms Defense Law Firm
Do not assume that an accusation means a conviction is inevitable. The prosecution must establish the required elements of the offense, and the circumstances surrounding the firearm, search, arrest, and evidence can all matter.
If you or a family member is facing a firearm or weapons charge in Marietta, Cobb County, Fulton County, or the Metro Atlanta area, Waid Law Firm, LLC can help you understand the allegations and explore your legal options.
Contact the firm at 470-458-9866 to schedule a consultation and discuss your firearm defense case with an experienced Georgia criminal defense attorney.
