Atlanta, GA asked in Criminal Law for Georgia

Q: Is there a state law that would stop me from buying a gun while on probation?

I was convicted of simple assault, dui, and possesion of marijuana under an ounce. I was sentenced to 3 years probation to run consecutively. All my paperwork indicates they are all misdemeanors. The assualt is not hightened or domestic in nature. There is no provision in my probation paperwork that says I cannot posses, own, or be around firearms. Can I legally purchase a firearm from a dealer?

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1 Lawyer Answer
David Edward Boyle
David Edward Boyle
Answered
  • Criminal Law Lawyer
  • Monroe, GA
  • Licensed in Georgia

A: Maybe. Only felony convictions prohibit you under Georgia Law to possess or purchase a firearm, except if you were convicted of a misdemeanor crime of domestic violence as defined by federal law. Your simple assault charge may prevent you from possessing a firearm depending upon the circumstances of the offense and what was transmitted to GCIC and NCIC and if you did not use First Offender when you were sentenced. It can be complicated. You can try to purchase a gun, and if you are rejected, the Federal Firearms dealer should provide you in writing the reason you were denied, which you can then appeal.

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