Birmingham, AL asked in Criminal Law and Domestic Violence for Georgia

Q: How to obtain a firearm permit in GA with past misdemeanor?

I am a resident of Georgia and was convicted of misdemeanor criminal trespass with a domestic violence charge over 10 years ago in Chatham County. I am now living in Cobb County. There have been no changes to my conviction status, and I am not facing any other legal issues. I am looking to obtain a permit to carry a firearm for home and business protection, as I understand that I am allowed this right unless restricted by federal laws such as §921 et seq. What steps should I take to register for a firearm permit given my circumstances?

3 Lawyer Answers
Glenn T. Stern
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Answered

A: Anyone convicted of a domestic violence charge is banned from owning or possessing a firearm as per the Federal statute 18 U.S.C. § 922(g) (aka"the Lautenberg Amendment.")

As long as you have that conviction, you're not going to be able to have one. There may be a long-shot option or two to get the conviction off your record, but you would need an experienced attorney to look into the particular details of your case and the conviction.

Joshua Schiffer agrees with this answer

A: Glenn is correct and there are limited pathways to re-obtaining your 2nd amendment rights after a DV conviction.

But its a moving target, for sure.

BEST option is to retain a local Cobb person (like me of many others) to try and amend/change/vacate/void the old conviction. Potentially a Retro Active First Offender or other change would eliminate the block on purchase/carry, and your lack of any hiccups before or after this single event is a big plus for your efforts. Certainly worth the attempt if it is important to you.

The Bad news is that the new regime in Cobb State Court is decidedly less cooperative with DV and Firearms issues in comparison to the prior administration.

So its gonna be a gamble.

James L. Arrasmith
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Answered

A: In Georgia, you can apply for a firearm permit even if you have a past misdemeanor conviction, but certain restrictions apply. A misdemeanor domestic violence conviction may affect your eligibility, as federal law prohibits individuals convicted of domestic violence misdemeanors from owning or possessing firearms. Since your conviction was related to criminal trespass with a domestic violence charge, it’s important to check whether that conviction disqualifies you under federal law.

To apply for a firearm permit, you would need to go to your local probate court (in Cobb County, for example) and complete the necessary application. The application will ask about your criminal history, including any misdemeanor convictions. You should be prepared to disclose your conviction and understand that the court will review your criminal record to determine if you're eligible for the permit.

If your conviction doesn't automatically disqualify you, you can proceed with the application process, which typically includes background checks, fingerprinting, and submitting the appropriate fees. If you're unsure whether your past conviction will prevent you from obtaining a permit, it may be helpful to consult with an attorney who can review your situation and provide guidance on your eligibility.

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