can you get a pardon on a misdemeanor drug charge in ga to have firearm rights restored or is that right remov?
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can you get a pardon on a misdemeanor drug charge in ga to have firearm rights restored or is that right remov?
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I was 18 and charged with possion Less than an OZ, Im now 47, Can I never have a firearm lic because of this?
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PooPooLaTrash
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No.
(b) Licensing exceptions. No license or renewal license shall be granted to:
(5) (A) Any person, the provisions of paragraph (3) of this subsection notwithstanding, who has been convicted of an offense arising out of the unlawful manufacture, distribution, possession, or use of a controlled substance or other dangerous drug.
(B) As used in this paragraph, the term:
(i) "Controlled substance" means any drug, substance, or immediate precursor included in the definition of controlled substances in paragraph (4) of Code Section 16-13-21.
(ii) "Convicted" means a plea of guilty, a finding of guilt by a court of competent jurisdiction, the acceptance of a plea of nolo contendere, or the affording of first offender treatment by a court of competent jurisdiction irrespective of the pendency or availability of an appeal or an application for collateral relief.
http://www.georgiapacking.org/GaCode/?title=16&chapter=11§ion=129 |
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robert
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Actually James there are a number of misdemeanors that a person can be convicted of that would make them possessing a firearm illegal.
However, the Asker being able to possess a weapon would depend on the drug he was caught with.
In Georgia possession of less then an ounce of marijuana is only a misdemeanor and not considered a conviction that would stop you from possessing a firearm. Unless they decided to add "intent to distribute" to that, and in some cases they can(it would then become a felony).
If you where caught with any other drug(even less then an ounce) then it's a felony under Georgia law and you lose your firearm rights.
Edit: The code that "PooPoo" quoted applies to concealed carry permits.
OCGA 16-11-129 Will stop you from ever getting a concealed carry permit issued by the State of Georgia but not necessarily from being able to own a firearm in Georgia
Edit: DOH! James deleted his answer |
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