Title 16, Chapter 11, Section 131
( 16-11-131)
(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. |