Restoring Gun Rights in Georgia: A Legal Guide to Regaining Firearm Rights

Restoring Gun Rights in Georgia: A Guide for Potential Clients

If you have lost your firearm rights due to a prior conviction in Georgia, there are legal pathways to restore them. The two primary methods are through the pardon process or retroactive First Offender status. While retroactive First Offender relief is available in some cases, for most individuals, pursuing a pardon is the most viable route to regaining firearm rights. Below, we outline both options, their eligibility requirements, and the steps involved in restoring your Second Amendment rights.

Restoring Gun Rights Through a Pardon

A pardon from the Georgia State Board of Pardons and Paroles is an official statement of forgiveness that can include the restoration of firearm rights. However, receiving a pardon alone does not automatically reinstate gun rights—you must specifically apply for Restoration of Firearm Rights as part of your pardon application.

Eligibility for a Pardon and Firearm Rights Restoration

To qualify for a pardon with the potential for firearm rights restoration, you must:

Have completed all terms of your sentence, including probation or parole, at least five years prior to applying.
Have no pending criminal charges.
Demonstrate a law-abiding lifestyle since completing your sentence.
Provide evidence of rehabilitation, such as stable employment, community service, or character references.
Submit a completed pardon application along with supporting documents.

Once granted, a pardon that includes firearm rights restoration allows you to legally own and possess firearms under Georgia law, though federal restrictions may still apply in some cases.

Retroactive First Offender Relief for Gun Rights Restoration

In certain cases, individuals who were convicted of a crime but were eligible for First Offender status at the time of their conviction can petition for retroactive First Offender treatment. If granted, the conviction is discharged and exonerated, removing the associated firearm prohibition.

Eligibility for Retroactive First Offender Treatment

To qualify for retroactive First Offender relief, you must:

Have been eligible for First Offender status at the time of your original conviction but were not granted it.
Have successfully completed your sentence without further criminal convictions.
Petition the court that originally handled your case for retroactive First Offender treatment.
Convince the court that granting the request serves justice and aligns with the intent of the First Offender Act.

If successful, this legal relief effectively removes the conviction, allowing you to regain your firearm rights as if the conviction never occurred. However, this option is only available in limited circumstances and depends on the discretion of the court.

What About Felony Convictions from Other States?

Georgia can restore firearm rights for residents who were convicted in other states. However, these restored rights will only be recognized within Georgia and will not extend to the rest of the United States. If you have a felony conviction from another state, the best course of action is to pursue gun rights restoration in the state where the conviction occurred. If that option is not available, obtaining a Georgia pardon with firearm rights restoration is a great alternative for those looking to legally hunt, protect their family, or exercise their Second Amendment rights within the state.

What About Federal Convictions?

If your gun rights were lost due to a conviction in federal criminal court, you will need a presidential pardon to restore them. A Georgia gun rights restoration will not reinstate firearm rights lost at the federal level. Because federal convictions are governed by U.S. law, only the President of the United States has the authority to grant a pardon that could restore these rights. If you have a federal conviction and seek to regain firearm rights, pursuing relief through the federal pardon process is the only viable option.

Which Path is Right for You to Restore Your Gun Rights in Atlanta?

For most individuals, obtaining a pardon with firearm rights restoration is the most realistic and reliable path to regaining gun rights. Retroactive First Offender relief is only available in specific cases where eligibility requirements are met, and both the Judge and District Attorney are willing to grant relief.

Navigating the legal complexities of firearm rights restoration can be challenging. Our law firm has extensive experience in both pardon applications and retroactive First Offender petitions. If you are seeking to restore your gun rights in Georgia, contact us today for a consultation, and let us guide you through the process.