1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Owning a gun after first offenders Georgia

Discussion in 'Criminal Records, Expungement' started by MotoMike117, Mar 28, 2021.

  1. MotoMike117

    MotoMike117 Law Topic Starter New Member

    Messages:
    8
    Likes Received:
    0
    Trophy Points:
    1
    Jurisdiction:
    Florida
    Hello everyone. This actually involves both Florida and Georgia because the charges were in Georgia but I now live in Florida. I was convicted of a drug charge when I was in my early twenties which was a felony and I was sentenced to first offenders felony probation and completed it successfully back in 2007. I'm now 40. Since it has been so long since I completed the probation, can I now own a gun? I don't do drugs or even drink anymore but I do a lot of hiking here in Florida where there are pythons, alligators, etc. Any help would be greatly appreciated.
     
  2. army judge

    army judge Super Moderator

    Messages:
    33,027
    Likes Received:
    5,239
    Trophy Points:
    113

    Federal law bans CONVICTED felons from ever owning a firearm.


    The ONLY relief a CONVICTED felon can receive to allow her/him to own a firearm would be a full pardon from the governor of the state where he/she was convicted.

    If he/she had became a convicted felon under federal law, that full pardon would have to be sought from the sitting president.

    I suggest you forget about ever owning a gun, because pardons TEND to go to well connected, wealthy felons.
     
  3. MotoMike117

    MotoMike117 Law Topic Starter New Member

    Messages:
    8
    Likes Received:
    0
    Trophy Points:
    1
    Under Georgia's first offender act, you are not considered a convicted felon in the same sense as someone who did not complete the first offender probation and was sentenced under the first offender act. I remember at the time, my lawyer telling me I could get my gun rights back after a certain amount of time or something but with it being so long ago, I can't quite remember how long it has to have been and how I do it. Hence me asking the question on this site.
     
  4. MotoMike117

    MotoMike117 Law Topic Starter New Member

    Messages:
    8
    Likes Received:
    0
    Trophy Points:
    1
    For example, nobody can see this conviction on a background check unless they are a government agency. I know this because I've ran my own check and have had several employers run checks. I guess what I'm getting at is, it's not the same as a felony conviction. I really don't think anyone who responded so far has any legal training regarding Georgia law.
     
  5. MotoMike117

    MotoMike117 Law Topic Starter New Member

    Messages:
    8
    Likes Received:
    0
    Trophy Points:
    1
    I remember now it was called deferred adjudication when I was sentenced.
     
  6. army judge

    army judge Super Moderator

    Messages:
    33,027
    Likes Received:
    5,239
    Trophy Points:
    113

    I don't make the laws under which we are all required to live.

    The feds have no tolerance for felons owning any modern day firearm.

    It is on a federally issued form that one must swear he/she has no disability from purchasing, owning, possessing a firearm.

    The feds have your fingerprints, mugshot, and record of your conviction.

    The only legal way for any felon to ever purchase a firearm legally is to be free of any disability that would prevent him/her from purchasing the weapon.

    A felony conviction isn't the ONLY disqualifier under the law.

    I'm a nobody, just some dude posting on the 'net.

    You are free to be as froggy as you desire, step right up, complete the form, pay your money, and take your chances.

    I know of several people that bought firearms and escaped detection.

    I also know of several people who initially escaped detection to buy the firearm, but were arrested after the fact in possession of the firearm.

    As some say, "You pays your money and takes your chances."

    Good luck in whatever you decide to do, after all, it is your life you're living.
     
  7. adjusterjack

    adjusterjack Super Moderator

    Messages:
    8,743
    Likes Received:
    2,682
    Trophy Points:
    113

    If that's really what happened then it appears that it was not a conviction but a dismissal of the charges once you met your probation requirements.

    Much info at:

    georgia deferred adjudication and gun rights at DuckDuckGo

    However, instead of making dangerous assumptions based on the internet I suggest you get your case file from the Georgia court and examine it to make sure that's what happened. Then find yourself a "gun rights" attorney in Georgia and confirm that you still have your "gun rights."

    Do not possess a firearm until you see it on paper that your case was dismissed without a conviction.
     
    Red Kayak and justblue like this.
  8. flyingron

    flyingron Well-Known Member

    Messages:
    820
    Likes Received:
    379
    Trophy Points:
    63

    Yes, the federal sense is that if the state considers your rights restored by the first offender program or whatever, then you're OK with them. There are specialized attorneys that deal with gun rights issues. Note that if you screw up and attempt to possess a gun when disqualified, that itself is a felony and can bar you from a possible relief you might have been eligible for before.

    The attorney can also potentially help you with issues with NICS that may arise even if you are currently eligible.
     
    justblue and Red Kayak like this.
  9. MotoMike117

    MotoMike117 Law Topic Starter New Member

    Messages:
    8
    Likes Received:
    0
    Trophy Points:
    1
    ADJUSTERJACK,
    Thank you for actually reading through my posts and giving some logical and useful information.
     

Share This Page