Atlanta Criminal Defense Attorney Discusses Stun Gun Laws

A stun gun is an electrical devise such as a Taser that emits an electrical charge strong enough to disable a person. Some, but not all, uses of stun guns are regulated by Georgia’s criminal statutes. Failure to use a stun gun in compliance with the law can result in criminal penalties. As such, it is important to keep reading so that you can learn the full scope of your rights and responsibilities when it comes to using stun guns.

Legally, stun guns are divided into two types. One type requires you to make direct contact with your target before the gun will discharge. The other type, used by police, fires a projectile (typically a wire) into the target so it can be used at a distance. The “contact” type of stun gun is not considered a firearm in Georgia and can generally be carried without a permit. The “projectile” type stun gun is considered a firearm and is regulated by the same laws that govern the use of other types of firearms.

No firearms permit is required to carry a contact stun gun in Georgia. A firearms permit is required, however, to carry a projectile stun gun. Permits normally will not be issued to minors under the age of 21, or to people convicted of felonies and certain other crimes. You need special approval to obtain a permit if you have been admitted as an inpatient to a mental hospital or alcohol/drug treatment center within the past five years. Carrying a projectile stun gun without a permit is a criminal offense in Georgia, and a convicted felon caught carrying one can face up to five years in prison. With a permit, you may conceal your stun gun under most circumstances. A policeman is not authorized to stop you and demand that you produce your permit unless he is entitled to stop you for some other reason.

Even with a permit, you will not be able to carry a projectile stun gun into certain public places where the owner forbids firearms. In addition, you can’t carry one into a school safety zone, to a school function, or onto a school bus, although you may carry one in a locked compartment in your car to pick up or drop off a student. No permit is required to simply store a stun gun of any type in your home, car or other property.

With or without a permit, criminal penalties can be significantly enhanced if you use a stun gun to commit a crime. Using a stun gun to commit an assault, for example, is considered felony aggravated assault in Georgia and can land you in prison for up to 20 years. It is also a felony to use a stun gun while breaking into someone’s home or car. It is even a felony to carry a stun gun while in possession of a controlled substance such as marijuana.

You might face a long prison sentence, heavy fines and a debilitating criminal record if you are convicted of violating Georgia stun gun laws. If are arrested anywhere In Georgia and want your charges dropped, call the ABT Law Firm, LLC right now at 1-800-NOJAIL-9 or 1-800-665-2459. We offer a free initial consultation, we are available to you 24/7, and we will even visit you in jail if necessary.

Atlanta Criminal Defense Attorney Discusses Georgia’s Gun Laws

Georgia is just one of many states that has recently become embroiled in the battle for gun safety and consumer gun possession rights. Like so many states, Georgia has specific guidelines in place for the purchase, possession, and use of guns and other weapons. It is important that any Georgia resident considering owning or operating a firearm be aware of current laws and proposed changes in the near future.

At Abt Law Firm, LLC, we understand how frustrating it is being harassed for owning or operating a firearm, when the U.S. Constitution is clear in the right to bear arms. Our Atlanta Criminal Defense Attorney is ready to fight for the rights of any Georgia resident charged with a weapons violation due to purchasing or owning a gun. Read on for our recommendations for how to stay safe and within the law when purchasing, owning, or operating a firearm:

Misdemeanor Charges

Misdemeanor charges can result from the purchase, possession, or use of a firearm, in several ways. The most common examples include:

  • Hunting – Individuals who do not have a valid, current hunting license can be charged with a misdemeanor offense for carrying a weapon on someone else’s property
  • Aim – Anyone who aims a firearm at another person, even if the weapon is not loaded, is subject to a misdemeanor charge
  • Fire – Anyone who discharges a firearm within 50-yards of a public street or highway is subject to a misdemeanor charge
  • Carrying – Anyone carrying a concealed weapon into a government building, nuclear power facility, place of worship, healthcare facility, or polling location is subject to a misdemeanor charge
  • Discharge – Anyone discharging a firearm on public or private property, or while intoxicated, is subject to a misdemeanor charge

Felony Charges

In addition to the misdemeanor charges, individuals operating a firearm illegally may find themselves subject to felony charges. For example:

  • Minors – Anyone providing a firearm to minors is subject to a felony charge punishable by up to five years in prison and fines of up to $5,000
  • Solicitation – Anyone soliciting a dealer to provide a firearm to someone else is subject to a felony charge
  • Carrying – Anyone intentionally altering or editing document concerning carrying a firearm may be subject to a felony, punishable by up to five years in prison

Commonly Asked Questions

There are a few commonly asked questions in regards to gun laws, including:

Q: When is it legal for a minor to carry a gun?

A: The only times that it is legal for a minor to carry a gun is when he or she is in a hunting safety/education program, a shooting range, or competitions for educational and vocational purposes. Additionally, minors are able to apply for a hunting license with the express permission of his or her parent or guardian, which allows them to carry a firearm on the parent or guardian’s property.

Q: Does my employer have the right to search my vehicle for a firearm?

A: Employers cannot legally search your vehicle so long as you hold a valid license to carry a weapon. If the vehicle belongs to someone else, or your employer, then you may be subject to employer searchers.

Get Help with Any Gun Law Question

Because there are numerous elements to Georgia’s gun laws, it is crucial that anyone with questions, comments, or concerns, seek the aid of an attorney who is experienced in gun-related matters. At Abt Law Firm, LLC, our experienced Atlanta Criminal Defense Attorney is dedicated to protecting the rights of anyone who is accused of committing a gun-related crime. The complexities to Georgia’s gun laws are many, and it is always best to get the legal guidance that will make a difference. To keep your record clear, contact our office today at 1-800-NOJAIL-9 (1-800-665-2459).