If You Get Your Record Restricted In Georgia, Can You Buy A Gun?

by | Mar 8, 2021

So, let’s say you were convicted of a felony and you lost your right to own a firearm, but you later got your record restricted. Does that mean your rights have been restored?

The short answer is no. Restoration of rights is a separate process that is handled by the State Board of Pardons and Paroles.

After you’ve been pardoned or had your criminal record expunged, you can apply for a Restoration of Civil and Political Rights. If this application is approved, you will be restored to full citizenship, with the right to vote, hold office, etc.

But you still won’t be able to own firearms. The Restoration of Firearm Rights is a separate process altogether, with a separate application process. Like with record restriction, this is a complicated process, and it’s not always clear to the applicant exactly what requirements they need to meet to have their rights restored.

That’s why we recommend hiring an experienced criminal defense attorney who can walk you through the process and make sure you have your full rights restored. Because it’s not enough to just have your record restricted – if you want to possess firearms again, you need to go through the additional steps of restoring your firearm rights.

Possessing Firearms in Georgia

In Georgia, possessing firearms is a right granted by both state and federal law. However, this right comes with certain restrictions and limitations. In order to legally possess a firearm in Georgia, you must meet all requirements set forth by the law. Some of these requirements include:

  • Being 21 years of age or older
  • Not being a convicted felon
  • Not having been involuntarily committed to a mental institution
  • Not being under the influence of drugs or alcohol

If you have had your criminal record restricted, this means that your conviction has been sealed from public view. However, it does not automatically restore your right to possess firearms. In order to legally possess firearms, you must have your Restoration of Firearm Rights approved by the court.

Restoration of Firearm Rights Process in Georgia

The process of restoring your firearm rights in Georgia is complex and requires a thorough understanding of the relevant laws and procedures. In order to have your rights restored, you must file a petition with the court in the county where you were convicted. This petition must include information such as:

  • Your personal information
  • Details about your conviction(s)
  • Evidence of rehabilitation and good behavior since your conviction(s)
  • A statement explaining why you believe your firearm rights should be restored

After the petition has been filed, a hearing will be scheduled where the judge will consider all evidence presented and make a decision on whether or not to grant restoration of your firearm rights. The judge will take into account factors such as the nature and seriousness of your offense, your criminal history, and any evidence of rehabilitation.

Why You Need an Experienced Attorney

The process of restoring your firearm rights in Georgia is not a simple one. It requires extensive knowledge of the law and the ability to present a compelling case to the court. That’s why it’s important to have an experienced attorney on your side who can guide you through each step of the process and help you achieve a successful outcome.

At Frye Law Group, we have years of experience helping individuals navigate the complex legal system and fight for their rights. We understand the importance of being able to legally possess firearms, and we will work tirelessly to help you achieve your goal.

If you have had your criminal record restricted in Georgia and are now seeking to restore your firearm rights, don’t hesitate to reach out to us today for a consultation. We are here to provide you with the guidance and representation you need for a successful outcome.