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Gun Possession Lawyer in Marietta

Trusted Legal Defense for Gun Possession Cases in Marietta

Skilled Gun Possession Attorney in Marietta: Protecting Your Rights and Freedom

Have you been accused of illegal gun possession in Marietta? This type of criminal charge can change the course of your life, bringing uncertainty, legal challenges, and serious consequences. It is even more challenging when the charge arises from conduct you believed was lawful, leaving you confused and unsure about how to proceed.

At Frye Law Group, we understand how overwhelming these charges can feel, especially since you’ll also be dealing with Georgia’s complex and often confusing gun laws. As your Marietta gun possession lawyers, we can guide you through the legal process, explain your options clearly, and build a defense tailored to your unique circumstances.

With your future at stake, you need someone who can navigate the challenges of your case with skill and determination. You can trust us to advocate fiercely on your behalf, provide steady guidance through every stage, and work tirelessly to pursue the best possible outcome for your case.


Contact Frye Law Group today to schedule a meeting with our BUI lawyer in Marietta!


Types of Gun Possession Charges in Georgia

Generally, the Second Amendment protects your individual right to bear arms (carry guns). Georgia reinforces this right through its constitutional carry law, which allows adults 21 (or 18 for those in the military) and older to carry handguns without a permit.

However, this right is not unlimited. There are still situations where carrying or possessing a firearm may be illegal, some of which are highlighted below. If you are facing gun possession charges, understanding these limits, especially as they apply to your specific situation, is essential for protecting your rights and building an effective defense.

Possession by Minors and Young Adults

Georgia law imposes strict limits on younger individuals when it comes to firearms:

  • Under 18: Under the Georgia Code, § 16-11-132, minors cannot legally possess a handgun, except in limited circumstances such as hunting, target practice, or firearm safety training under adult supervision. A first violation is treated as a misdemeanor, but repeat offenses may rise to a felony, carrying up to three years in prison.

  • 18 to 20: Adults in this age group may own or possess firearms at home, in a vehicle, or while hunting with a valid license, but they cannot carry handguns in public. The Georgia Supreme Court reaffirmed this restriction in 2025 despite the state’s constitutional carry law.

Possession by Felons and First Offender Probationers (§ 16-11-131)

Georgia law prohibits anyone convicted of a felony and individuals currently serving a sentence under the state’s First Offender Act from receiving, possessing, or transporting a firearm. Even though first-offender probation is not technically a conviction, the law applies the same restriction until the sentence is completed.

A person found guilty under this section, depending on the circumstances, may face 1 to 10 years in prison.

Possession of Illegal or Prohibited Firearms (§ 16-11-123)

Certain weapons are strictly prohibited, including sawed-off shotguns or rifles, machine guns, silencers, and other dangerous weapons, as defined under Georgia law. Possession of these weapons is a felony offense and can result in up to five years in prison.

Possession During the Commission of a Crime (§ 16-11-106)

If a firearm is carried while committing or attempting to commit a crime, Georgia law treats it as a separate felony. This adds up to five years of prison time on top of the sentence for the underlying offense, and the time must be served consecutively.

Possession at School Zones and School Functions (§ 16-11-127.1)

Weapons are prohibited in sensitive areas like school safety zones, school buses, and at school functions. Limited exceptions exist, such as securing a firearm in a vehicle during student drop-off or pick-up. Violations can lead to felony charges and significant prison time.


Contact Frye Law Group today to schedule a meeting with our BUI lawyer in Marietta!


Why You Need a Marietta Gun Possession Lawyer

Georgia law sets strict rules for firearm possession, but the greater challenge for defendants often lies in how prosecutors try to interpret and enforce them. Without a strong defense, the way charges are brought and evidence is presented can create unfair disadvantages that tilt the process against you. 

This is exactly why having an experienced attorney matters, someone who can recognize and challenge prosecution tactics and errors, including:

  • Possession Stretched Too Far: Prosecutors often argue someone was in possession of a gun simply because it was nearby—in a car, home, or shared space. That kind of theory can turn everyday situations into criminal cases. Without an attorney to demand real proof of control and challenge weak assumptions, you could be convicted for a firearm you never actually handled.
  • Questionable Searches: Many gun cases start with traffic stops or home visits where police push the limits of the Fourth Amendment. Evidence found during these encounters can only be kept out if a lawyer files and argues the right motions. Without that safeguard, illegally obtained evidence may be used against you.
  • Unrelated Extra Charges: Gun possession is often stacked on top of other accusations, such as drug or theft charges, to raise the stakes. This tactic inflates potential penalties and pressures people into quick plea deals. An attorney is critical to pushing back against these pile-on charges and keeping the case focused only on what can actually be proven.
  • Past Records Used Against You: In felon-in-possession cases, prosecutors often introduce prior convictions to prove their case. But once a jury hears about such records, it can overshadow the facts of the current charge. A lawyer is necessary to control what the jury hears and make sure the case is decided on evidence, not assumptions about your past.
  • Overlooking Legal Exceptions: Georgia law recognizes important exceptions to the rules on illegal gun possession. Prosecutors don’t always account for these protections. Without a defense attorney to highlight them, you risk being punished for something the law actually permits.
  • These issues demonstrate why having a defense attorney is essential; without one, you risk being punished for accusations that do not reflect the facts.


    Contact Frye Law Group today to schedule a meeting with our BUI lawyer in Marietta!


    Frye Law Group: Your Defense Against Gun Possession Charges in Marietta

    At Frye Law Group, we know how to identify and expose these weaknesses, protect your rights, and push back against heavy-handed prosecution. With our experience in Georgia gun cases, we are prepared to fight to ensure this one charge does not define your future.

    Our approach to building a strong defense involves:

    • Comprehensive Case Assessment: We can review your case’s facts, evidence, and legal issues to spot weaknesses in the prosecution’s approach and determine the strongest defense strategy. This ensures your defense is tailored to your situation from the start.
      • Challenging the Evidence at Every Stage: We carefully examine all stops, searches, and evidence handling to spot mistakes or legal violations. By identifying flaws in the prosecution’s case, we can weaken charges, exclude evidence, or even dismiss the case.
      • Negotiating From a Position of Strength: By preparing thoroughly and showing that we are trial-ready, we can negotiate more favorable outcomes, such as reduced charges, better plea offers, or dismissals, while protecting your rights and freedoms.
      • Asserting Lawful Possession Exceptions: Georgia law allows firearms in certain situations, like inside your home, in a vehicle, at your business, or during a legal temporary transfer. We can evaluate whether these exceptions apply and use them to reduce or dismiss charges.
      • Filing Motions to Suppress Unlawfully Obtained Evidence: If the police overstepped legal boundaries, through invalid warrants, prohibited profiling, or overly broad searches to get evidence of gun possession, we can challenge that evidence in court. Suppressing such key evidence can significantly weaken the prosecution’s case.
      • Skilled Courtroom Advocacy: If your case goes to trial, we can use our courtroom experience to cross-examine witnesses, scrutinize forensic evidence, and present a strong, persuasive defense. Strong trial advocacy can increase your chances of obtaining an acquittal, reduced charges, or a favorable jury outcome.

      We know that these cases often hinge on details that are easy to miss, which is why we give every aspect close attention. Our goal is to protect your freedom, career, and right to bear arms while working to minimize the impact of the charges you face or avoid them entirely.


      Contact Frye Law Group today to schedule a meeting with our BUI lawyer in Marietta!


      Contact Frye Law Group

        When you’re facing gun possession charges, every step you take can affect how your case proceeds and its outcomes. That’s why having a trusted advocate from the start is crucial to defending yourself, understanding your options, and making informed choices.

        Our dedicated team focuses on your story, your circumstances, and every detail of your case to build a defense that truly works for you.

        Contact us today if you have further questions or would like us to take charge of your defense. Let us address your concerns and take the next steps toward protecting your future.


        Contact Frye Law Group today to schedule a meeting with our BUI lawyer in Marietta!


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