Air rifles are popular among many people who enjoy shooting, hunting, or target practice. They are also relatively inexpensive and easy to maintain compared to firearms. However, if you are a convicted felon in Georgia, you may be wondering if you can legally own an air rifle.
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The answer is not straightforward, as there are different laws and regulations that apply to air rifles and firearms in Georgia. In this article, we will explain the difference between air rifles and firearms, the legal status of air rifles for felons in Georgia, and some possible exceptions and alternatives for felons who want to use air rifles.
What is the Difference Between Air Rifles and Firearms?
According to the Georgia Code § 16-11-131 (2020), a firearm is defined as any handgun, rifle, shotgun, or other weapon that will or can be converted to expel a projectile by the action of an explosive or electrical charge1. This means that any weapon that uses gunpowder or electricity to fire a bullet or a pellet is considered a firearm.
An air rifle, on the other hand, is a type of air gun that uses compressed air or gas to propel a projectile, such as a BB or a pellet. An air rifle does not use gunpowder or electricity to fire a projectile, and it cannot be converted to do so. Therefore, an air rifle is not considered a firearm under the Georgia Code.
However, this does not mean that an air rifle is not a weapon at all. In fact, an air rifle can still cause serious injury or damage if used improperly or maliciously. Therefore, an air rifle is still subject to some laws and regulations that govern the use and possession of weapons in Georgia.
Can a Felon Own an Air Rifle in Georgia?
The general rule is that a convicted felon in Georgia cannot possess any firearm or muzzleloading firearm while hunting unless that individual’s right to carry has been restored (OCGA § 16-11-131)2. This applies to any person who has been convicted of a felony by a court of this state or any other state; by a court of the United States including its territories, possessions, and dominions; or by a court of any foreign nation1.
Since an air rifle is not a firearm or a muzzleloading firearm under the Georgia Code, it may seem that a felon can legally own an air rifle in Georgia. However, this is not necessarily the case. There are some situations where a felon may still be prohibited from owning an air rifle in Georgia.
For example, if the felony conviction was for a forcible felony, such as murder, rape, robbery, aggravated assault, burglary, or arson, then the person is prohibited from receiving, possessing, or transporting any firearm1. This includes any handgun, rifle, shotgun, or other weapon that will or can be converted to expel a projectile by the action of an explosive or electrical charge1. Since an air rifle can be considered as “other weapon” under this definition, it may be illegal for a felon who committed a forcible felony to own an air rifle in Georgia.
Another example is if the sentence for the felony conviction has a condition that prohibits the person from possessing any weapon. This may be imposed by the judge as part of the probation or parole terms. In this case, the person may not own any weapon that can cause harm or damage to others or property. This may include an air rifle as well.
Therefore, it is important for felons in Georgia to check their specific sentence and conviction details before owning an air rifle in Georgia. It is also advisable to consult with an attorney who can provide legal advice and guidance on this matter.
Are There Any Exceptions or Alternatives for Felons Who Want to Use Air Rifles?
There may be some exceptions or alternatives for felons who want to use air rifles in Georgia. For instance:
- A felon may be able to use an air rifle for a legitimate purpose such as for hunting or for sporting events if he or she has obtained a valid hunting license or a valid permit from the Department of Natural Resources2. However, this does not mean that the person can own an air rifle, only that he or she can use one under certain conditions and with proper supervision.
- A felon may be able to use an alternative weapon that is not prohibited by law, such as a bow and arrow, a crossbow, or a slingshot. These weapons may also be used for hunting or target practice, but they may have different rules and regulations depending on the type of weapon and the location of use. Therefore, it is important to check with the local authorities before using any alternative weapon.
- A felon may be able to possess an air rifle if he or she has been pardoned by the state or by the person or agency empowered to grant pardons under the constitutions or laws of the several states or of a foreign nation and has expressly been authorized to receive, possess, or transport a firearm1.
- A felon may be able to possess an air rifle if he or she has been granted relief from the disabilities imposed by the laws of the United States with respect to the acquisition, receipt, transfer, shipment, or possession of firearms by the secretary of the United States Department of the Treasury pursuant to 18 U.S.C. Section 925 © and (d) and present proof of such relief to the Board of Public Safety
Conclusion
In summary, owning an air rifle in Georgia as a felon is not a simple yes or no question. It depends on various factors, such as the type of felony conviction, the sentence imposed, the pardon or relief granted, and the purpose and manner of use. Therefore, it is advisable for felons in Georgia to consult with an attorney who can provide legal advice and guidance on this matter before owning or using an air rifle in Georgia.
FAQs
Q: What is the minimum caliber for hunting big game with an air rifle in Georgia? A: The minimum caliber for hunting big game with an air rifle in Georgia is .30 caliber.
Q: Can I use an air rifle in a park, historic site, or recreational area in Georgia? A: No, you cannot use an air rifle in any park, historic site, or recreational area in Georgia unless you have written permission from the commissioner of natural resources.
Q: Can I use a suppressor on my air rifle in Georgia? A: Yes, you can use a suppressor on your air rifle in Georgia if you have lawfully possessed it and have permission from the landowner on private land.
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