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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27450
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I am a full blown American, with American values.I was once

Customer Question

I am a full blown American, with American values.I was once charged and sentenced with felony marijuana charges in the early 90's.I have since received a pardon from the Parol and Pardon Board in the state of Georgia to acquire my rights as they were before which would be gauranteed under the Costitution of The United States of America,but the state of Georgia gave me all my rights minus the right to bare arms.When i was sentenced i served 90 days in a Probation Detention Center,and did 6 yrs probation.What will I have to do to get MY right to bare arms for hunting and self protection?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 7 years ago.
Customer,

I sympathize with you but unfortunately, you have done what you can. If you didn't get the type of pardon that restored your Georgia gun rights, then under both state and Federal law you cannot be anywhere near a firearm without looking at a felony conviction. The only thing that you can potentially do, would be to give it some more time -- it's on your side so long as you don't get rearrested for anything else -- and apply again to the governor just for the restoration of your gun rights.

Congratulations on the pardon, however. They are very rare. That you got one is something to be proud of, even if you can't shoot with it.

_____

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your state for specific legal advice.
Zoey_ JD and 2 other Criminal Law Specialists are ready to help you
Customer: replied 7 years ago.
What is the legal definaition of a firearm?.A gun without ammunition would just be considered an Arm but being ammunition is where the fire comes from.Would a gun without ammunition be considered a firearm?
Expert:  Zoey_ JD replied 7 years ago.
Yes, an unloaded gun is a firearm. I am about to have a New Years Day brunch with my kids and will be leaving here for several hours. I can post you the state and federal definition of a firearm upon my return. But for purposes of someone with a prior felony it doesn't matter whether the gun is loaded or unloaded. In some states, it doesn't matter if it's dismantled!

There may be an exception in your state for black powder muskets. I can let you know later.
Expert:  Zoey_ JD replied 7 years ago.
Hello,

Sorry for the delay. Thanks for your patience! It's been a madhouse over here.

Here's a link to the Georgia Gun Laws. They start at section 16-11-120

The definition of a fiream in Georgia is defined in section 16-1-133:

(2) "Firearm" includes any handgun, rifle, shotgun, stun gun, taser, or other weapon which will or can be converted to expel a projectile by the action of an explosive or electrical charge.

It would not have to be loaded or in operable condition for it to be a firearm as Georgia defines it.

Section 16-11-31 contains the law as it applies to people with felony convictions.

While the Federal law specifically excludes antique firearms and muzzleloaders from the Federal definition of firearms, from the definition of a Georgia firearm, it appears that blackpowder guns would still be illegal. While Federal law usually trumps state law, there are conflicting sections of the law. Federal law in this area requires that a person have all of his state rights back before they will grant the Federal rights too.

_____

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your state for specific legal advice.