Expert: Dean Speir - 3/15/2009

Question
QUESTION: I live in Georgia and I want a Firearms License.  I have 1 misdemeanor of posession of marijuana in 1998.  The Cobb County GA website states that a, "Firearms license cannot be issued to any person who has been convicted of any type of drug offense including nolo contendere and first offender pleas."  Does this include misdemeanors and if it does, is there anything I do anything to get licensed such as a pardon or something?



ANSWER: This is a Criminal Justice question, not a Second Amendment question. This suggests that you, as with many others who come here and don't understand the difference, have a reading comprehension deficiency.


This evaluation is further supported by your admission that you have a misdemeanor drug possession conviction in your personal history, yet wanting to know if the Cobb County advisory which you quote as stating "firearms license cannot be issued to any person who has been convicted of any type of drug offense," includes you.

What is ambiguous about "convicted of any type of drug offense?!?" Not the use of the word "any." Don't you have a "drug possession conviction?!?"

Based on the limited information provided by you, Akil, you definitely have a reading comprehension deficiency.

Obtaining "a pardon," I would think would be extremely rare, but your best bet is to consult with an attorney in your area familiar with the process of obtaining a Certificate of Relief from Disabilities… and even so, if you quoted the law correctly, it may not be sufficient to allow the issuance of a firearms license.



---------- FOLLOW-UP ----------

QUESTION: Man, you are rough!  But, I appreciate your honesty.  I simply wanted to know if I, a very upstanding citizen, can prove my self to be just that and to retain the right to bear arms with, I think is, a minor criminal history.

Answer
Akii, how else would you expect me to answer your question? You already knew the answer!

By definition, you are NOT "a very upstanding citizen" because of your criminal conviction, but you come here to a Second Amendment topic, and somehow expect me to hold your hand and tell you it's all going to be better.

It's not!

If you have any hope of obtaining a Certificate of Relief from Disabilities which would restore your Second Amendment rights, you will need, as I have already informed you, to consult with an attorney in your area who can assess your possibilities under Georgia State Law with the presence of what you consider "a minor criminal history." A competent attorney can tell you the likelihood of a judge concurring with your self-serving opinion.

And yes, having led an exemplary life for the past eleven years, should weigh in favor of your objective. I commend you for that. If your laws for not make allowances for redemption, then they are harsh indeed.

I still cannot, however, commend you for your reading comprehension skills for the reasons already cited.

G'luck to you.