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.

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