If the abuser has been convicted of a crime, can s/he keep or buy a gun?
Georgia law says that if a person has been convicted of any of the following crimes, s/he cannot have or buy a gun:
- has been convicted of a felony in any state or in another country; currently has felony charges pending against him/her (but hasn't yet been convicted) or is a fugitive from justice;
- has been convicted of an offense arising out of the unlawful manufacture or distribution of a controlled substance or other dangerous drug;
- has been convicted of any misdemeanor involving the use or possession of a controlled substance (drugs) and within the past five years s/he also:
- has been in restraint or under supervision;
- gets a second conviction of any misdemeanor involving the use or possession of a controlled substance; or
- is convicted for various weapons charges;
- has been convicted of carrying a weapon without the proper license or carrying a weapon or long gun in an unauthorized location (and within the past five years has been under restraint or supervision related to these crimes or has gotten any other conviction); or
- has been adjudicated (found by a judge) "mentally incompetent to stand trial" or "not guilty by reason of insanity” at the time that s/he committed a crime.*
Federal laws, which apply to all states, also restrict a person's right to have a gun if s/he has been convicted of certain crimes. Go to Federal Gun Laws to get more information.
* GA ST § 16-11-129(b)(2)