Even though a person may not have a criminal conviction for a felony or domestic violence (family violence) misdemeanor, an involuntary hospitalization may still take away their gun rights in the state of Georgia. 

Will an involuntary hospitalization take away my gun rights in Georgia?

Yes.  Under Georgia law, pursuant to O.C.G.A. § 35-3-37,

[i]f the [Georgia Crime Information] [C]enter has notified a firearms dealer that an individual is prohibited from purchasing or possessing a handgun pursuant to Part 5 of Article 4 of Chapter 11 of Title 16 and if the prohibition is the result of such individual being involuntarily hospitalized within the immediately preceding five years, upon such individual or his or her attorney making an application to inspect his or her records, the center shall provide the record of involuntary hospitalization and also inform the individual or attorney of his or her right to a hearing before the judge of the probate court or superior court relative to such individual’s eligibility to possess or transport a handgun.  O.C.G.A. § 35-3-37(r).

Am I able to restore my gun rights if I have been involuntarily hospitalized in Georgia?

Yes.  According to Georgia law, if an individual has lost their firearms rights due to an involuntary hospitalization from a state probate court or superior court within the last five (5) years, you may petition the court imposing that hospitalization to restore your rights.  After a period of five (5) years has passed from the date of release, however, there is no action required to restore your gun rights. 

Should I keep certified records of my involuntary hospitalization?

Yes.  Although it may have been more than five (5) years since your release from confinement, you may still face hurdles in trying to prove that time period has passed.  Be sure to keep certified records of your release from confinement, as well as an updated copy of your criminal history report, in the event you have to address these issues when trying to purchase a firearm.  You may also face hurdles when attempting to obtain a weapons carry license from your local probate court, so having proof on hand of your prior confinement is always a smart move.

CONTACT US

If you have questions regarding restoring your gun rights, or if you just want to ask a few questions, give us a call at 770-415-9848 today at The Sellers Law Firm, LLC: where clients become family.