The Second Amendment to the U.S. Constitution generally protects the right to bear arms, but guns still have some regulation, particularly at the state level. Children cannot possess guns, and some kinds of guns are considered dangerous and illegal.
Even pointing a gun toward another person or firing a gun in the wrong circumstances can result in a criminal conviction and penalties. When you face gun charges, a Doraville gun lawyer could help by explaining your charges and defending you in court. Call today to speak with one of our seasoned criminal defense attorneys to learn how we could strategize.
Low-Level Gun Crimes
Many low-level gun crimes are misdemeanors punishable by less than one year in prison and fines under $1,000. These gun crimes can range from pointing a gun at another person without justification—outlawed by Georgia Code § 16-11-102—to a child possessing a weapon outside of authorized activities, such as hunting or firing ranges, under Code § 16-11-132.
Gun misdemeanors also include discharging a gun near a public highway as defined by Code § 16-11-103. Similarly, a gun discharge on the property of another without the owner’s permission is also a misdemeanor under Code § 16-11-104. Of course, exceptions might apply, such as a discharge near a public highway in a controlled firing range setting or for police officers firing on another’s property in carrying out their duties.
Discharging a gun while under the influence of drugs or alcohol is a high and aggravated misdemeanor. Punishable by a $5,000 fine and up to one year in prison, discharging a gun while under the influence means firing while unsafely impaired by drugs, alcohol, or a combination. Code § 16-11-134 also defines discharge while under the influence as firing with a blood alcohol concentration (BAC) of at least 0.08 or with any trace of marijuana or another drug in the blood or urine.
Even if only a misdemeanor, a person should still take these offenses seriously. Having an attorney familiar with Doraville’s gun laws by your side could help you avoid or reduce misdemeanor fines and jail time.
Guns Involved in Other Crimes and Dangerous Weapons
Some gun crimes go beyond misdemeanors and become felonies, based on the weapon and the situation. For example, use of a gun during the commission of certain felonies—crimes against another person, drug possession and trafficking, and breaking into and stealing from a building or vehicle—can become a felony under Georgia Code § 16-11-106. Conviction of using a gun in committing another crime leads to a prison sentence of five years.
Other gun crimes depend on the kind of gun involved. Certain guns are illegal because of increased danger:
- Machine guns
- Guns with silencers
- Sawed-off shotguns and rifles
- Explosive weapons—rocket launchers, bazookas, mortars, and hand grenades
Possessing these weapons constitutes a felony under Code § 16-11-123 and can lead to a sentence of five years in prison. Like legal guns, these more dangerous guns can lead to another felony if used to commit a crime.
There are also crimes for which the presence of a dangerous weapon leads to a separate felony under Code Section 16-11-160. The penalty for this felony increases from five to 10 years in prison. Some of these crimes include:
- Arson
- Robbery
- Terrorist acts
- Gang activity
- Manslaughter
- Home invasion
- Witness tampering
- Murder and felony murder
- Aggravated assault and battery
Working with a lawyer knowledgeable in firearms cases on your defense could help a person avoid these more severe penalties in Doraville. With our expertise, we might show no weapon was involved in another crime, or that the gun in question does not qualify as a dangerous weapon.
Speak to a Gun Attorney in Doraville About a Case
Gun ownership and use can result in serious consequences if you cross into illegal activities. From pointing a gun at someone to using dangerous weapons, guns create a risk for criminal liability and punishment.
A Doraville gun lawyer knows how detrimental years in prison and felony convictions can be to your freedom and future, especially if the longer prison terms are associated with dangerous weapons. Call today to schedule a consultation with one of our attorneys to discuss your specific situation and charges and protect yourself from criminal prosecution.
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