Marietta Gun Charges Lawyer
In 2022, Georgia became a constitutional carry state. Many of the laws that once required a license for carrying certain types of guns have been eliminated. Unless someone is otherwise prohibited from carrying a gun, anyone aged 21 years old and older can openly carry a gun and even carry a concealed weapon. Still, there are many gun laws in Georgia including locations where it is illegal to carry. These laws are strict and a violation can result in serious penalties. Below, our Marietta gun charges lawyer explains more.
Lawful Weapons Carrier in Marietta
Again, any adult over the age of 21 is considered a lawful weapons carrier in Marietta as long as they would be eligible for a license and are not otherwise prohibited from possessing a firearm. Certain members of the military must only be 18 years of age to be considered a lawful weapons carrier. To be considered a lawful weapons carrier, a person must meet several requirements including:
- No pending felony charges or previous felony convictions
- No previous convictions for a misdemeanor charge involving weapons violations, drugs, or domestic violence
- Not prohibited from possessing a firearm under federal law
- Is not a fugitive
- Has never been adjudicated as insane or mentally incompetent
Authorized and Unauthorized Locations for Constitutional Carry
In addition to individuals needing to meet several requirements to carry a gun in the state, there are also certain locations where guns can and cannot be carried. The new law also means that people can carry guns in areas that were once previously considered unauthorized. These include places such as recreation areas, parks, wildlife management areas, and historic sites. Some laws were not changed with the constitutional carry law, meaning that lawful weapons carriers can still carry a gun in their motor vehicle, home, place of business, or while legally fishing or hunting.
Still, there are certain places considered unauthorized to carry a gun. These are as follows:
- Courthouses, prisons, jails, and other restricted government property
- State mental health facilities
- Places of worship
- Polling places during elections, and
- Nuclear power facilities
- Schools, including universities, colleges, and vocational schools
It is also important to note that owners of private property, regardless of whether it is a home or business, have the right to prohibit the carrying of guns on their property.
In the majority of cases, a person accused of carrying a weapon in an unauthorized location will face misdemeanor charges. However, there are times when felony charges are laid. For example, if a person is not a lawful weapons carrier and they carry a gun in a school zone, felony charges will likely apply.
Call Our Gun Charges Lawyer in Marietta Today
The gun laws in Georgia are not as restrictive as they are in other states, but they are also quite clear about what is considered lawful. At the law firm of Andrew L. Schwartz, P.C., our Marietta gun crime lawyer can help craft the defense you need if you are facing charges. Call us now at (678) 853-2500 or contact us online to schedule a free review of your case.