What is a Weapons Charge?

A weapons charge is a universal or blanket term referring to a broad set of charges involving weapons, which are generally separated into two categories: possession and use. Yes, someone can be charged and convicted for possession of such an item without ever harming or threatening to harm another. Weapons charges and violations are serious offenses and need to be treated just as seriously. Here are a few examples of weapons violations in the state of Georgia.

• Carrying Without a License: Georgia is a concealed carry state, which means you are allowed to carry as long as you are licensed to. However, if you are caught carrying without a license or proper documentation, you can be arrested, charged, and potentially jailed. First offenses are generally misdemeanors while subsequent offenses can be charged as felonies.  
• Carrying in Specific Places: Even with a license to carry, you are not allowed to bring weapons into courthouses, places of worship, polling places, and more. Anyone caught carrying a weapon such as a firearm or knife will likely face misdemeanor charges. 
• Possession by a Felon or Minor: Convicted felons are lawfully unable to be in possession of weapons, unless you have an explicit pardon. Punishment will be dependent on your previous crimes. Furnishing a weapon to a minor is a felony charge while minors in possession of a weapon could be charged with a misdemeanor.  
• Prohibited Weapons: Anyone in possession of a prohibited weapon could face automatic jail time up to five years. But what is a prohibited weapon? In Georgia, it is illegal to possess sawed off shotguns, guns with silencers, machine guns, and other dangerous weapons such as rocket launchers, mortars, and hand grenades. 
• Illegal Use: There is also the matter of illegal use in Georgia. This is classified as the act of unlawfully committing or threatening to commit an act with a weapon. It is a misdemeanor to point a loaded or unloaded gun at someone, regardless of intent; firing a gun on someone else’s property without their permission; firing a gun within 50 yards of a public road or highway; and firing a gun under the influence of alcohol or drugs. 

Is there a weapons violation bail cost? If you choose to work with Double "O" Bonding, you will be responsible for a percentage of the bail and we will cover the rest. Doing this allows yourself or your loved one to get back on their feet so they can properly prepare an argument.

Frequently Asked Questions

• What is the penalty for illegal gun possession?
  • The penalty depends on a few things. If it is your first offense, such as possession without a license, you could face jail time and/or a financial fine. However, if you are a convicted felon with a weapon, it could result in automatic jail time. 
• What does prohibited weapon mean?
  • This is in reference to items that are considered illegal to possess under federal law. They cannot be owned, used, or operated in the state and you will be punished accordingly if caught with one. Prohibited weapons include brass knuckles, throwing stars, and more. 
• Is having a gun a felony?
  • If your gun has been acquired legally and you are legally allowed to carry one, then no, it is not a felony to have one. It’s important to note that convicted felons are not allowed to possess or be in possession of weapons, so in that case, it would be a felony. 
• What is a weapon violation?
  • The textbook definition says a weapons offense is a violation of statutes or regulations that control deadly weapons. In a nutshell, it is the use or possession of a deadly weapon in a way that violates the safety of others.