Macon, GA asked in Criminal Law for Georgia

Q: can a first offender buy a gun in GA after the probation period is over. Has been 40 yrs ago

I was convicted of 3 counts of entering an auto in the state of GA. Sentenced to 3 years first offenders probation and completed the sentence. Was 40 years ago. Can I buy a firearm?

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1 Lawyer Answer
Holly G Chapman
Holly G Chapman
Answered
  • Criminal Law Lawyer
  • Augusta, GA
  • Licensed in Georgia

A: If you were sentenced under the First Offender Act in Georgia and successfully completed it, you were never convicted of a felony. Although people may not possess guns during the pendency of their First Offender sentences, their civil rights and liberties are not impacted by cases discharged under the First Offender Act. Once you successfully completed First Offender, you had the right to have a gun again.

To be safe, I would contact the clerk's office of the court that sentenced you and verify that your case was sentenced under the First Offender Act and and that it has been properly discharged. Also remember that a completed First Offender sentence is eligible for restriction. Older sentences may not have been restricted (similar to expungement) automatically, but you can still apply to ensure that your criminal record and the court records are appropriately restricted.

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