Getting a carry permit after Fist Offender Felony status?

Discussion in 'General GWL Questions' started by damien86, Sep 8, 2007.

  1. damien86

    damien86 Guest

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    I have recently been discharged from first offender felony probation, does anyone know if I am eligiable for a carry permit now? I am supposed to have a toatally clean record now whats the deal?
     
  2. WoodAtl

    WoodAtl Guest

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    you'll probably have to apply for expungement of your record first...
     

  3. GAGunOwner

    GAGunOwner Active Member

    I believe that you are a prohibited person anywhere in the United States, for life. This means prohibited from even touching a firearm, much less getting a GFL. Probation means that you must have pled or been found guilty of the crime.

    Just for curiosity, what was your crime?
     
  4. GAGunOwner

    GAGunOwner Active Member

    I thought that in Georgia you can only have records expunged if you were not found guilty of the crime, i.e. the charges were dropped before trial or you were found not guilty.
     
  5. GAGunOwner

    GAGunOwner Active Member

  6. AeroShooter

    AeroShooter Active Member

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    Re: Getting a carry permit after Fist Offender Felony status

    From the gun laws page:

    first time felon = felon

    The judge should have explained to you that even though you were on probation, you were still convicted of a felony and as such, you're rights are now limited.

    You should not even be possessing firearms right now. If you have them... call a friend to come take them from you and keep them until you can dispose of them (sell, give away, etc.). If you are discovered possessing them, you will find yourself in trouble with the law again.

    There is a process to have your rights restored... I'll let the in-house lawyers comment if they choose. You should pay some bucks to an attorney to thoroughly educate you on what this conviction means for you... will likely save you some heartache.

    Oh, this needs to be said: :ianal:
     
  7. AeroShooter

    AeroShooter Active Member

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    :ditto:

    Yeah man, you can't just like come in here and say like, you know, 'I've just been convicted of a felony' and not like, you know, tell us about it... you know?
     
  8. AeroShooter

    AeroShooter Active Member

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    Oh and:

    :welcome:

    Hell of a first post.
     
  9. ber950

    ber950 Active Member

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    A conviction under the first offender act does not necessarily mean a lifetime prohibition. All your paper work must be completed and I would recommend you run a background check on yourself. If you have any questions you should consult the atty who represented you in your case.
     
  10. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    First Offender

    Um, people, a "first offender" plea is not really a conviction. It's like a conditional discharge. If you do what the judge sentences you to do, which is normally a term of probation (but could include detention center time first), and if you don't screw up and face a probation revocation at any time during your sentence, your charges are dismissed. Once the charges are dismissed, your criminal history will either show an arrest but no disposition at all, or an arrest and "first offender act completed," meaning there was no conviction. If you screw up and violate your probation, then the judge can "adjudicate" you, make you a convicted felon at that point, and then you can be re-sentenced to up to the maximum sentence for that offense, without being limited by the number of years in the original first offender sentence.

    A person on first offender probation IS not a "convicted felon." Once they complete the probation successfully and get the charges dismissed, there should be no legal disability that comes from that.

    KEEP IN MIND that even though a person still on first offender probation hasn't been "convicted," they still suffer a number of legal disabilities, just like convicted felons do. Georgia's statute on felons with guns specifically includes first offenders too. They can't possess any guns if they're still serving their first offender sentence. If they're doing "first offender" for a sex crime, they have to register with the sex offender registry. But those legal disabilities end if and when they finish First Offender without any violations and without the judge "adjudicating" them guilty.

    BOTTOM LINE: If you're still doing a "first offender" sentence, you can't have guns. If you've finished your first offender sentence without any adjudication of guilt, it's like the charges have been dropped and you were never convicted. If they hold it against you at all, it would have to be based on the theory that you did something bad that they know about, but you've never been found guilty of it.

    I'm not a your lawyer, this isn't legal advice, blah blah blah.
     
  11. coolhead64

    coolhead64 Guest

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    § 16-11-131. Possession of firearms by convicted felons and first offender probationers


    (a) As used in this Code section, the term:

    (1) "Felony" means any offense punishable by imprisonment for a term of one year or more and includes conviction by a court-martial under the Uniform Code of Military Justice for an offense which would constitute a felony under the laws of the United States.

    (2) "Firearm" includes any handgun, rifle, shotgun, or other weapon which will or can be converted to expel a projectile by the action of an explosive or electrical charge.

    (b) Any person who is on probation as a felony first offender pursuant to Article 3 of Chapter 8 of Title 42 or who has been convicted of a felony by a court of this state or any other state; by a court of the United States including its territories, possessions, and dominions; or by a court of any foreign nation and who receives, possesses, or transports any firearm commits a felony and, upon conviction thereof, shall be imprisoned for not less than one nor more than five years; provided, however, that if the felony as to which the person is on probation or has been previously convicted is a forcible felony, then upon conviction of receiving, possessing, or transporting a firearm, such person shall be imprisoned for a period of five years.

    (b.1) Any person who is prohibited by this Code section from possessing a firearm because of conviction of a forcible felony or because of being on probation as a first offender for a forcible felony pursuant to this Code section and who attempts to purchase or obtain transfer of a firearm shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years.

    (c) This Code section shall not apply to any person who has been pardoned for the felony by the President of the United States, the State Board of Pardons and Paroles, or the person or agency empowered to grant pardons under the constitutions or laws of the several states or of a foreign nation and, by the terms of the pardon, has expressly been authorized to receive, possess, or transport a firearm.

    (d) A person who has been convicted of a felony, but who has been granted relief from the disabilities imposed by the laws of the United States with respect to the acquisition, receipt, transfer, shipment, or possession of firearms by the secretary of the United States Department of the Treasury pursuant to 18 U.S.C. Section 925, shall, upon presenting to the Board of Public Safety proof that the relief has been granted and it being established from proof submitted by the applicant to the satisfaction of the Board of Public Safety that the circumstances regarding the conviction and the applicant's record and reputation are such that the acquisition, receipt, transfer, shipment, or possession of firearms by the person would not present a threat to the safety of the citizens of Georgia and that the granting of the relief sought would not be contrary to the public interest, be granted relief from the disabilities imposed by this Code section. A person who has been convicted under federal or state law of a felony pertaining to antitrust violations, unfair trade practices, or restraint of trade shall, upon presenting to the Board of Public Safety proof, and it being established from said proof, submitted by the applicant to the satisfaction of the Board of Public Safety that the circumstances regarding the conviction and the applicant's record and reputation are such that the acquisition, receipt, transfer, shipment, or possession of firearms by the person would not present a threat to the safety of the citizens of Georgia and that the granting of the relief sought would not be contrary to the public interest, be granted relief from the disabilities imposed by this Code section. A record that the relief has been granted by the board shall be entered upon the criminal history of the person maintained by the Georgia Crime Information Center and the board shall maintain a list of the names of such persons which shall be open for public inspection.

    (e) As used in this Code section, the term "forcible felony" means any felony which involves the use or threat of physical force or violence against any person and further includes, without limitation, murder; felony murder; burglary; robbery; armed robbery; kidnapping; hijacking of an aircraft or motor vehicle; aggravated stalking; rape; aggravated child molestation; aggravated sexual battery; arson in the first degree; the manufacturing, transporting, distribution, or possession of explosives with intent to kill, injure, or intimidate individuals or destroy a public building; terroristic threats; or acts of treason or insurrection.

    (f) Any person placed on probation as a first offender pursuant to Article 3 of Chapter 8 of Title 42 and subsequently discharged without court adjudication of guilt pursuant to Code Section 42-8-62 shall, upon such discharge, be relieved from the disabilities imposed by this Code section.

    the last section is the important one here
     
  12. coolhead64

    coolhead64 Guest

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    so once your first offender is over and your P.O. files a discharge, u should be good to go.
     
  13. GAGunOwner

    GAGunOwner Active Member

    Possessing a gun is different than being able to get a GFL. There are people that can legally own a gun who cannot get a GFL.
     
  14. Gunstar1

    Gunstar1 Administrator

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    Correct. Like someone once convicted of misdemeanor possession of drugs.

    I still think the net effect is the same. If completing his first offender probation means that he is not technically convicted of a felony (meaning his gun ownership rights are restored) then he should not be in violation of the GFL prohibition either.

    The BIG thing is to make sure all the required paperwork was completed and that it has been sent/submitted to the GBI for updating. If somewhere along the line something was not done, then your background check will show you as prohibited.
     
  15. Gunstar1

    Gunstar1 Administrator

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    damien86, just be glad whatever your felony was that it was not for drugs. No GFL for life even with a first offender misdemeanor drug conviction... not even with a pardon.
     
  16. coolhead64

    coolhead64 Guest

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    well that makes no sense, cause i pardon is supposed to wipe your record clean like nothing at all ever happened, i need to ask the lawyers i work for bout this.
     
  17. Firearmz

    Firearmz New Member

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    Good info flowing here, I know that if you are a convicted felon that you can apply yo have it all expunged, but it has to be by the same court that administered the sentencing. If they are not willing you can then apply to the Board of Pardons and Parole of the state in which you were sentenced.


    He can always apply for the GFL and if he is denied then he can go through the process.
     
  18. Firearmz

    Firearmz New Member

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    Good info flowing here, I know that if you are a convicted felon that you can apply yo have it all expunged, but it has to be by the same court that administered the sentencing. If they are not willing you can then apply to the Board of Pardons and Parole of the state in which you were sentenced.


    He can always apply for the GFL and if he is denied then he can go through the process.
     
  19. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    O.C.G.A. 16-11-129(b)(5)(B)(ii)