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Ineligible Persons

Ineligible Persons

Under O.C.G.A. §16-11-129(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 pistol without 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) has been discharged from first offender probation without adjudication of guilt.  The pardon, relief or discharge must be exhibited to the Court.  If application is made based on relief from disabilities, the applicant must have been free of supervision for not less than five years for non-forcible felony convictions or not less than ten years for forcible felony convictions.
  • Drug Convictions – Any person who has been “convicted” of any misdemeanor offense arising out of the unlawful manufacture, distribution, possession or use of a controlled substance or dangerous drug is ineligible to receive a license, unless than person has been free of all supervision and/or restraint for at least five years and has not had any subsequent misdemeanor drug charges.  Note:  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.  A person who has received a pardon for a felony offense involving illegal drugs is eligible to receive a license only if the pardon specifically states that the right to bear arms has been restored.
  • Misdemeanor Convictions – Any person who has been convicted of a forcible misdemeanor involving domestic or family violence is ineligible to receive a license.
  • 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, and any person who has ever been involuntarily committed to an inpatient mental health treatment facility is ineligible to receive a license.


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