The law is serious about keeping firearms out of the hands of convicted felons.
Where does a domestic violence misdemeanor fall in with all this?
What Constitutes a Domestic Violence Misdemeanor vs. Felony
Misdemeanors are crimes punishable by no more than a year in prison and a $1,000 fine. Battery or verbal assault of a family member is an example of a misdemeanor.
More serious crimes that require over a year in jail are classed as felonies. These include murder, rape, kidnapping, arson, and robbery, along with similar situations.
As far as domestic violence goes, it’s not just limited to between husbands and wives, boyfriends and girlfriends, or exes. Charges can also apply between parents and children, stepparents and stepchildren, roommates, and pretty much any others who live together.
The Difference Between Federal and State Law
Any felony conviction can keep you from possessing a gun.
Federal law prohibits even those convicted of a domestic violence misdemeanor from possessing firearms. But Georgia law does not.
Georgia law also doesn’t say that those with a domestic violence protective order can’t possess a gun.
Georgia can’t even require someone to surrender their firearms after being prohibited by federal law.
But none of this means it’s easy to get away with it.
The State of Georgia is not required to let you know whether or not you’re prohibited by the federal law.
Know your rights. Don’t try to fight charges alone.
If you face charges for possessing a firearm with a history of domestic violence, then you need Atlanta’s most seasoned defense lawyer on your side. Contact Richard Grossman today for a no-obligation consultation.