By: Mary Agramonte
Georgia law prohibits peopleconvicted of felonies from possessing firearms. Similarly, people currently onfirst offender probation are also not allowed to carry guns. You must bedischarged from probation as a first offender without an adjudication of guiltin order to lawfully possess a firearm. Felons cannot have guns unless anduntil their rights are restored in the State of Georgia.
But what if you are a convictedfelon and someone else near you owns a gun? Or what if you are in the samevehicle as someone who has a gun? Likewise, one of the questions we are askedmost often is “can my spouse or partner have a gun in the same home as me if Iam a felon?”
The short answer is: it depends.The question that is going to be asked by law enforcement and the Courts iswhether or not the State can prove YOU possessed the gun. You do not have toactually have it in your hand or your pocket in order to be charged andconvicted with Possession of a Firearm by a Convicted Felon. In some instances,it simply has to be near you, or in a place where the circ*mstances point tothe weapon being yours. This is because Georgia law recognizes two differentkinds of ‘possession.’ The first is Actual Possession and the other kind isConstructive Possession.
Actual Possession is where youtruly possess the gun: it is in your pocket or in your car, for example. WithConstructive Possession, the line can be a little more blurry on whether or notyou will be arrested or convicted of possession the firearm by a convictedfelon. When dealing with Constructive Possession, you can be arrested forpossessing a firearm even if you never possessed it. The State can proveit through circ*mstantial evidence. For example, constructive possession occurswhere a gun is in a shared hotel room with you and a friend, and you know thegun is there, and you tell police where it is. In that situation, the Statewill allege you had possession of the firearm- even if you never touched it.Another example of constructive possession would be if the gun was found in thedrawer of a shared bedroom, near clothes that match your gender. Additionally,you can be charged with possession of a firearm by convicted felony if yourco-defendant carried a gun in an armed robbery that you were a part of even ifyou never touched the gun.
So the answer to the age-oldquestion is yes, your spouse can own a gun as long as you don’t possess it-actually or constructively, but to be wary as the distinction is not alwaysclear. If you or a loved one has been arrested for Possession of a Firearm by aConvicted Felon, call us today for a free consultation on the case at 404-581-0999.
