- Home
- Departments
- Courts
- Probate Court
- Weapons Carry License
- Ineligible Person
Ineligible Person
Overview
Under O.C.G.A. s16-11-129 (B), no license may be issued to certain persons, as follows:
Further, under the Gun Control Act of 1968, 18 U.S.C. §921 et seq., any person who has been convicted of a misdemeanor crime of domestic violence is ineligible to receive a license, unless the person has received a pardon or relief from disabilities.
Under O.C.G.A. s16-11-129 (B), no license may be issued to certain persons, as follows:
- Pending Criminal Charges - Any person who is a fugitive from justice or against whom proceedings are pending for any felony, forcible misdemeanor, or violations of Code Sections 16-11-126 (carrying a concealed weapon), 16-11-127 (carrying deadly weapons to or at public gatherings), or 16-11-128 (carrying a pistol without a license) is ineligible to receive a license until such time as the proceedings are adjudicated.
- Felony Conviction(s) – Any person convicted of or placed on probation as a first offender for a felony offense by a proper court is ineligible to receive a license, unless the person has (1) received a pardon which expressly authorizes the receipt, possession or transport of a firearm, (2) received from the Board of Public Safety relief from disabilities, or (3) been discharged from first offender probation without adjudication of guilt. The pardon, relief or discharge must be exhibited to the court. If an application is made based upon relied from disabilities, the applicant must have been free of supervision for not less than 5 years for non-forcible felony convictions or not less than 10 years for forcible felony convictions.
- Drug Convictions – Misdemeanor drug conviction other than First Offenders if a person is not free or restraint for 5 years in connection with the conviction and no second conviction of misdemeanor controlled substance violation.
Note that for purposes of drug offenses only, “conviction” includes a plea of guilty, a finding of guilt by a court of competent jurisdiction or the acceptance of a plea of nolo contendere. - Misdemeanor Conviction - Any person who has been convicted of a crime of domestic violence under the federal definition.
- Other Convictions – Any person who has been convicted of an offense under Code Sections 16-11-126 (carrying a concealed weapon), 16-11-127 (carrying deadly weapons to or at public gatherings), or 16-11-128 (carrying a pistol without a license) is ineligible to receive a license until the person has been free of restraint or supervision for at least 3 years.
- Mental Health Hospitalization - Any person who has been hospitalized as an inpatient in any mental hospital or alcohol or drug treatment center within five years prior to the date of the application is ineligible to receive a license, unless the Judge, in her discretion, issues the license after consideration of the circumstances surrounding the hospitalization and any recommendation by the superintendent of the hospital or treatment center where the applicant was a patient.
Further, under the Gun Control Act of 1968, 18 U.S.C. §921 et seq., any person who has been convicted of a misdemeanor crime of domestic violence is ineligible to receive a license, unless the person has received a pardon or relief from disabilities.