How a Prior Conviction Can Lead to New Charges for Firearm Possession in Atlanta

Leah Davis Madden • July 2, 2025
Leah Davis Madden explained how a prior conviction can lead to new charges for firearm possession in Atlanta.

If you are a resident of Atlanta, Georgia or the greater state of Georgia, grappling with criminal charges such as Drunk Driving, Sex Crimes, Murder, Assault, Armed robbery, you must understand how a previous conviction can lead to new charges, particularly for firearm possession. As a renowned Criminal Lawyer in Atlanta, Davis Madden & Associates is dedicated to outlining the legal landscape and potential aspects of your case.


Georgia Firearm Law and Convicted Felons

Georgia’s laws concerning firearm possession are stringent, particularly pertaining to individuals with prior convictions. As per Georgia law, O.C.G.A. 16-11-131, anyone with a felony conviction is prohibited from receiving, possessing, or transporting a firearm. A violation of this law is considered a felony itself, attracting severe penalties such as hefty fines and imprisonment [source].


The Federal Law

Apart from Georgia’s state laws, the federal law (18 U.S.C. Section 922(g)) also prohibits individuals with a history of criminal convictions from owning firearms. Convicts of crimes punishable for more than a year, persons with restraining orders or convictions for misdemeanour crimes of domestic violence, and individuals addicted to controlled substances are among those barred from firearm possession [source].


Penalties for Firearm Possession in Atlanta by Convicted Felons

If a person with a prior felony conviction is found in possession of a firearm, both state and federal laws impose harsh penalties. Under Georgia law, individuals may face five years of imprisonment. However, under federal law, the individual could be looking at up to ten years of imprisonment [source].


Defending Firearm Charges in Atlanta, Georgia

  • GAPS in Prosecution’s Case: A skilled Criminal Lawyer in Atlanta can utilize any gaps or weaknesses in the prosecution’s case to your advantage. This could include insufficient evidence or improperly collected evidence.

  • Challenging the Search and Seizure Process: If the law enforcement officials violated the Fourth Amendment by conducting an illegal search and seizure, any evidence obtained could potentially be suppressed by the courts [source].

  • Fighting to Have the Charges Reduced: An experienced lawyer can negotiate with the prosecutor to reduce charges or even to have them dismissed.



Why Do You Need an Experienced Criminal Lawyer in Atlanta

A run-in with firearm laws can be complicated and distressing, particularly if you have a previous criminal record. A seasoned Atlanta criminal lawyer can be your best defense. They can navigate the legal maze, devise a strong defense strategy, continually communicate with you about your case status, and make informed decisions to protect your legal rights. At Davis Madden & Associates P.C., you can find such a defense team committed to your cause.




Don’t face the gravity of criminal charges on your own. Proactively pursue the legal support you need. Protect your rights and preserve your future with the right legal aid at Davis Madden & Associates, P.C.


The material provided on this blog site does not/is not intended to constitute legal advice. All content is for general information only.

Request a Consultation

Georgia Criminal Law Blog

Criminal defense attorney in Atlanta, Georgia
By Leah Davis Madden September 16, 2025
The laws pertaining to marijuana possession vary from state to state, and being unaware of the specific laws in Georgia could lead to significant legal trouble. This article serves as a guideline to the current laws and penalties related to less than an ounce of marijuana possession in Georgia, and the crucial role a Criminal Lawyer in Atlanta can play in your defense. The information is intended to be clear, factual, and supportive to those facing possible criminal charges. 
Criminal defense attorney in Atlanta, Georgia
By Leah Davis Madden September 2, 2025
Being hit with multiple criminal charges can make an already disconcerting situation even more bewildering. When you find yourself at the intersection of an intricate criminal justice system and pregnant charges, seeking qualified legal representation is paramount. At Davis Madden & Associates, P.C. , we aim to demystify the multipart complexities surrounding multiple-count cases. As experienced criminal lawyers in Atlanta, we are well-versed in the intricacies of Georgia's criminal system.
Criminal defense attorney in Atlanta, Georgia
By Leah Davis Madden August 18, 2025
If you've been charged with reckless driving in Atlanta, Georgia, you might feel overwhelmed and unsure of your next steps. As leading criminal lawyers in Atlanta, we at Davis Madden & Associates, P.C., understand your fears and are committed to helping you through the process. Here, we will demystify the complexities of the criminal defense process, particularly as regards reckless driving. 
Criminal defense attorney in Atlanta, Georgia
By Leah Davis Madden August 4, 2025
Understanding White Collar Crimes
Criminal defense attorney in Atlanta, Georgia
By Leah Davis Madden July 16, 2025
As a resident of Atlanta or the greater state of Georgia, understanding DUI (Driving Under the Influence) laws can be crucial, especially given the potential criminal charges you could face. Our team of Criminal Lawyers in Atlanta, at Davis Madden & Associates, P.C., strives to ensure you are well informed about these laws, preparing you to navigate potential DUI checkpoints and arrests. 
Criminal defense attorney in Atlanta, Georgia
By Leah Davis Madden June 16, 2025
If you live in Atlanta or elsewhere in Georgia, you might not realize the immense power of habeas corpus petitions when it comes to post-conviction relief. This powerful legal tool empowers those who have been convicted of crimes, ranging from drunk driving to assault and armed robbery, to challenge the legality of their imprisonment. 
Criminal defense attorney in Atlanta, Georgia
By Leah Davis Madden June 2, 2025
No matter how minor a theft charge may seem, it can have severe consequences. From fines to imprisonment, the impact on one’s future can be profound. Experience, expertise, and understanding can make a significant difference in the outcome of such a case. A criminal lawyer in Atlanta can offer much-needed assistance at this critical time. 
Criminal defense attorney in Atlanta, Georgia
By Leah Davis Madden May 16, 2025
Amid a myriad of challenges linked with the potential legal consequences of offenses such as drunk driving, sex-related crimes, murder, assault, armed robbery, and more in Atlanta, Georgia, one considerably significant criminal charge often overlooked is the felony obstruction of law enforcement. Understanding this charge is crucial for ensuring that those accused navigate the complex legal landscape effectively. 
Criminal defense attorney in Atlanta, Georgia
By Leah Davis Madden May 2, 2025
If you or a loved one has recently been convicted of a crime in Georgia, you might be contemplating whether to appeal the verdict. Hiring an experienced Criminal Lawyer in Atlanta is the first step towards successfully navigating the complex appeals process. This article provides a comprehensive guide on why the Notice of Appeal matters and vital tips to bear in mind. 
Criminal defense attorney in Atlanta, Georgia
By Leah Davis Madden April 16, 2025
At Davis Madden & Associates, P.C. , we provide experienced, dedicated representation for a wide variety of criminal charges, including those under the Racketeer Influenced and Corrupt Organizations Act (RICO). The RICO law is complex and far-reaching, affecting a much broader range of criminal activity than the average person might expect, and it differs significantly from other criminal offenses in Georgia.