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Vidalia Firearms Restoration Lawyer
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Restoration Of Gun Rights In Georgia
In the state of Georgia, being found guilty or pleading guilty to certain felonies can not only change your life permanently but also revoke your Second Amendment right. This means that you will no longer be allowed to possess and transport firearms, a major loss of freedom. A felony conviction may seem like an extreme penalty for what on the surface appears minor indiscretions, however, it is important to understand all repercussions before making any decisions in these matters.
Furthermore, according to federal regulations, if you are found guilty or plead guilty to a misdemeanor related to family violence (domestic abuse) in Georgia, then your ability and right to own firearms shall be revoked. If you have lost your right to own a gun or believe you may in the future, contact our Vidalia firearms restoration lawyer at Downie Law, LLC right away. We offer free consultations to better understand your situation and how we can help.
Firearm Possession In Georgia
In accordance with state law, a felony conviction bars an individual from owning or holding any firearms. Breaching this provision can have severe repercussions so it is essential for someone convicted of a felony to be aware of their restrictions in order to avoid being sentenced to prison time.
Are you in Atlanta, and have been convicted of a felony? You have two options to regain your firearm rights. As the first option, if it is your only conviction in the state, then you may qualify for expungement through the retroactive application of Georgia’s First Offender Act, but make sure to request permission from the prosecutor’s office before submitting a petition to the court. Once authorized by the judge upon review of your case, this could lead to restoring lost firearms privileges.
For those seeking to restore their firearm rights after a felony conviction, the First Offender Act is an ideal solution as it applies retroactively. Upon successful application and restriction of the record under this act, your gun ownership rights in Georgia will be restored. Alternatively, you may consider obtaining a pardon for that specific purpose from an experienced attorney based in Atlanta who can help you through either process.
Housing Rights
Landlords often have the choice to reject specific applicants from leasing a property due to their criminal background. Those facing trouble in finding an apartment or house because of this can turn to record expungement as an option. After such measures, no trace of any crime history will exist on official documents used for tenant approval.
Even if a record has been restricted by the Georgia Crime Information Center, it may still be visible when conducting a commercial background check. For these companies do not update their records automatically in this situation. Therefore, obtaining help from our Vidalia firearms restoration lawyer can be paramount to help reclaim housing rights after expungement is processed.
In Georgia, expungement is a valuable opportunity to have certain criminal records cleared. However, there are some serious criminal offenses that make individuals ineligible for this process; these felonies include violent crimes, sexual offenses, drug-related infractions, and DUI charges.
Driving Privileges
A host of criminal activities can lead to the suspension or revocation of a commercial driver’s license (CDL) held by truck drivers and various other operators driving commercial vehicles. If found guilty, one may be stripped of their CDL privileges permanently or for a given period based on the severity of their offense.
If a commercial driver receives a traffic ticket for minor infractions such as speeding, unsafe lane changes, or tailgating, they could face up to 60 days of suspension. While this may seem extreme compared to the two-year three point penalty associated with similar violations on a standard license, it’s important to remember that CDLs require higher standards of safety and adherence to laws while operating larger vehicles in public spaces.
Should a truck driver be convicted of DUI, their CDL will not only face suspension but possibly revocation for life. Yet after the licensee has endured such an extensive ban due to their DUIs over the course of 10 years, they may pursue expungement and have the potential to reinstate their license by taking certain administrative action.
Understanding Georgia’s Gun Restrictions
Georgia regulations take it one step further and deny Weapons Carry Licenses to felons who have been convicted by any court, be it in another state or a foreign nation. O.C.G.A § 16-11-129(b)(2)(B) clearly states that this restriction applies regardless of the location where they were found guilty of their crime.
Despite the law suggesting that a state crime felony pardon by either the President of The United States or the State Board of Pardons and Paroles can restore an individual’s good standing so they are eligible to apply for Weapons Carry License, in reality there is no correlation between a ‘pardon’ and ‘restoration of rights’ in Georgia.
While a pardon in Georgia can restore the right to vote upon completion of any felony sentence, those affected must take further action and apply for a restoration of civil and political rights with the State Board of Pardons and Paroles if they wish to have their full rights restored.
After the completion of an additional process with the State Board of Pardons and Paroles, a convicted individual may be granted the right to possess and transport a firearm. Only then will they be able to apply for and receive their Weapons Carry License. The restoration process differs depending on if convictions happened within or outside Georgia’s borders.
Frequently Asked Questions
How Does Gun Restoration Work?
Once our Vidalia firearms restoration lawyer confirms that you satisfy the requirements, we begin by submitting petitions to relevant courts. We will join forces with you to compile evidence demonstrating your adherence to legal standards for restoration, file petitions and create a customized order granting you rights to restoration. At Downie Law, LLC, we’ll be there every step of the way ensuring this intricate process is as straightforward as can be.
Who Is Eligible To Restore Their Firearms Rights?
When considering if you’re eligible for expungement, several different factors come into play such as the type of conviction and your record since then. To make sure that you have a complete picture to decide on eligibility, it’s best to contact our skilled Vidalia firearms restoration attorney as soon as possible.
Contact Our Vidalia Firearms Restoration Lawyer Today
If you have ever been convicted of a criminal offense, the repercussions can be life-altering. You may face difficulties obtaining housing and owning a firearm, among other restrictions. Don’t let your past define your future, consider expungement. Our qualified Vidalia firearms restoration lawyer is ready to help guide you through this process so that you can reclaim your rights and start anew. Give us a call today to take advantage of our risk-free case evaluations and learn more about how we can help.