Can a felon own a gun in Georgia?

Georgia prohibits firearm possession for all felony convictions. Gun rights may be restored through a pardon from the State Board of Pardons and Paroles (which has sole authority to grant pardons — not the Governor). Alternatively, if the conviction is expunged under the First Offender Act or similar provisions, firearm rights may be restored.

How can a felon restore gun rights in Georgia?

Apply to the Georgia State Board of Pardons and Paroles for a pardon, or seek relief through the First Offender Act if applicable.

What is the waiting period for gun rights restoration in Georgia?

Must complete sentence. A pardon application requires 5 years after completion of sentence.

Are there exceptions to gun rights restoration in Georgia?

The Board of Pardons and Paroles does not restore firearm rights for federal convictions — a presidential pardon is required. Serious violent felonies and sex offenses face additional scrutiny.

Can a convicted felon own a gun in Georgia?

No — not unless the conviction has been pardoned with express firearms authorization, or the person was sentenced under the First Offender Act and discharged without a conviction. All convicted felons are prohibited from possessing firearms under O.C.G.A. 16-11-131. Violations are felonies punishable by 1-10 years imprisonment.

How long do I have to wait to apply for a pardon with firearms restoration in Georgia?

You must have completed your full sentence (including probation, parole, and fines) and been free of supervision and criminal involvement for at least 5 consecutive years. The 5-year period must also be the 5 years immediately prior to applying. For registered sex offenders, the requirement is 10 years. After applying, the Board's investigation and review typically takes 6-9 months.

Does the Governor of Georgia have pardon power?

No. Georgia is unique in that the Governor has no pardon power. The exclusive authority to grant pardons and restore rights rests with the Georgia State Board of Pardons and Paroles, a five-member constitutional body. The Governor appoints Board members (confirmed by the Senate) but cannot influence individual pardon decisions.

What is the First Offender Act and how does it affect gun rights?

The First Offender Act (O.C.G.A. 42-8-60) allows first-time offenders to be sentenced to probation without an adjudication of guilt. While on first offender probation, the person IS prohibited from possessing firearms. Upon successful completion and discharge, the person is fully exonerated — no conviction is entered, and all civil rights, including firearms rights, are automatically restored.

Can I get retroactive First Offender treatment?

Yes. If you were eligible for the First Offender Act at the time of your sentencing but it was not applied, you may petition the original sentencing court for retroactive First Offender treatment. If granted, the conviction is vacated and your civil rights (including firearms) are restored. This requires legal counsel and is at the court's discretion.

What happens if my pardon application is denied?

You may reapply. There is no fixed waiting period between applications, but the Board generally expects new evidence of rehabilitation or changed circumstances. Repeated applications with the same facts are unlikely to succeed. Consider what additional steps you can take to strengthen your application before reapplying.

Does a Georgia pardon with firearms restoration also remove the federal ban?

Potentially. A Georgia pardon that expressly restores firearms rights and also restores civil rights (voting, jury service) may satisfy the federal exception under 18 U.S.C. 921(a)(20), because the pardon restores civil rights and does not exclude firearms. However, this is ultimately evaluated by federal authorities. Consult a firearms attorney to confirm your federal status after receiving a pardon.

I was convicted in another state but live in Georgia. Can the Board restore my rights?

No. The Georgia Board of Pardons and Paroles only has authority over Georgia state convictions. For out-of-state convictions, you must seek a pardon or restoration from the state where you were convicted. For federal convictions, a presidential pardon is required. However, if your out-of-state conviction is pardoned or your rights are restored by the convicting jurisdiction, Georgia should recognize that restoration.

Felon Gun Rights in Georgia

Must petition for restoration

No — if you have been convicted of a felony in Georgia or any other jurisdiction, you are prohibited from possessing firearms under Georgia law. To restore your gun rights, you must apply for a pardon from the Georgia State Board of Pardons and Paroles. You must have completed your full sentence and been free of criminal involvement for at least 5 consecutive years. Alternatively, if you were sentenced under the First Offender Act and discharged without a conviction, your firearms disability is automatically removed.

Last updated: 2026-03-21

Overview

Georgia prohibits all convicted felons and persons on felony first offender probation from receiving, possessing, or transporting firearms under O.C.G.A. 16-11-131. The only paths to restoration are a pardon from the Georgia State Board of Pardons and Paroles (which holds sole pardon authority — not the Governor) or successful discharge from the First Offender Act without an adjudication of guilt. A pardon application requires at least 5 years free of supervision and criminal involvement after completing the full sentence. The Board requires a personal interview for all firearms restoration requests.

Quick Answer

Federal Law — 18 USC 922(g)

The federal prohibition under 18 U.S.C. 922(g)(1) applies independently of Georgia law. A pardon from the Georgia Board of Pardons and Paroles that expressly restores firearms rights may satisfy the federal exception under 18 U.S.C. 921(a)(20), because Georgia pardons typically restore civil rights and do not exclude firearms when firearms restoration is specifically granted. However, a successful First Offender Act discharge may also satisfy the federal exception because it results in no adjudication of guilt. The DOJ's new 18 U.S.C. 925(c) process, expected in 2026, provides an additional federal pathway.

Can restore gun rights

✓Persons who receive a pardon from the Georgia State Board of Pardons and Paroles that expressly authorizes possession of firearms
✓Persons discharged from the First Offender Act (O.C.G.A. 42-8-60) without court adjudication of guilt — firearms disability is automatically lifted upon discharge
✓Persons who receive a retroactive First Offender status through judicial petition (if the original sentencing court did not apply the First Offender Act but could have)
✓Persons convicted in other jurisdictions who receive a pardon or rights restoration from that jurisdiction that expressly restores firearms rights
✓Persons whose convictions are reversed, vacated, or overturned

Cannot restore gun rights

✗Persons currently serving a felony sentence (including incarceration, probation, or parole)
✗Persons who have not been free of supervision and criminal involvement for at least 5 consecutive years after sentence completion
✗Persons convicted of federal felonies — the Georgia Board cannot restore rights for federal convictions (a presidential pardon is required)
✗Registered sex offenders — must have been free of supervision and criminal involvement for at least 10 consecutive years (heightened standard)
✗Persons currently on felony first offender probation (prohibited during probation; restored only upon discharge)
✗Persons whose pardon applications are denied by the Board (may reapply, but no guaranteed timeline)

Step-by-Step Process

Confirm eligibility for a pardon application

Verify that you have completed your full sentence (including all probation, parole, and payment of fines) and have been free of supervision and criminal involvement for at least 5 consecutive years. For registered sex offenders, the requirement is 10 consecutive years. You must also have been free of criminal involvement for the 5 years (or 10 years) immediately prior to applying.

Obtain the pardon application

Download the Application for Pardon / Restoration of Rights from the Georgia State Board of Pardons and Paroles website (pap.georgia.gov). The application is a detailed form requiring information about your conviction, sentence, employment history, community involvement, and reasons for seeking restoration.

Specifically request firearms restoration

On the application, you MUST specifically request restoration of firearm rights. A general pardon does not automatically include firearms restoration — you must affirmatively check the box or include the request for restoration of the right to receive, possess, and transport firearms. This is a critical step that is often overlooked.

Submit the application and supporting materials

Submit the completed application along with supporting documentation: certified copies of your conviction and sentencing records, proof of sentence completion, employment records, character references, and any certificates of completion from rehabilitation programs. Mail or submit the application to the Board at its Atlanta office.

Undergo investigation and personal interview

The Board will investigate your application, which includes reviewing your criminal history, contacting references, and verifying your rehabilitation claims. A personal interview is required for all firearms restoration applications. The investigation and processing typically takes 6 to 9 months, and may take longer depending on the Board's workload.

Await the Board's decision

The five-member Board reviews the investigation results and interviews, then votes on whether to grant the pardon with firearms restoration. The Board has broad discretion and there is no right to a pardon. If denied, you may reapply — there is no fixed waiting period between applications, but the Board generally expects new evidence of rehabilitation.

Waiting Period

You must have completed your full sentence (including probation, parole, and fines) and been free of all supervision and criminal involvement for at least 5 consecutive years before applying for a pardon with firearms restoration. For registered sex offenders, the requirement is 10 consecutive years. After application, the investigation and review process typically takes 6 to 9 months. There is no expedited process for firearms restoration applications.

Key Laws

Law	Year	Description
O.C.G.A. 16-11-131 — Possession of Firearms by Convicted Felons and First Offender Probationers	1968 (amended multiple times)	The core prohibition statute. Makes it a felony (1-10 years imprisonment) for any convicted felon or person on first offender probation to receive, possess, or transport any firearm. A second or subsequent violation carries 5-10 years. Provides exceptions for persons pardoned with express firearms authorization and for persons discharged from the First Offender Act.
O.C.G.A. 42-8-60 et seq. — Georgia First Offender Act	1968 (amended multiple times)	Allows first-time offenders to be placed on probation without an adjudication of guilt. Upon successful completion, the defendant is exonerated and discharged — with no criminal conviction on record and full restoration of civil rights, including firearms. The exoneration 'shall not affect any of his or her civil rights or liberties.'
Georgia Constitution, Art. IV, Sec. II — Board of Pardons and Paroles	1983	Establishes the State Board of Pardons and Paroles as the sole authority for granting pardons and restoring rights in Georgia. Unlike most states, the Governor of Georgia has no pardon power — all clemency authority rests with the Board.
18 U.S.C. 922(g)(1) — Federal Felon-in-Possession Prohibition	1968	The federal law independently prohibiting firearm possession by anyone convicted of a crime punishable by more than one year of imprisonment. Applies in Georgia regardless of state law.

Edge Cases

I completed the First Offender Act program and was discharged. Can I possess firearms now?

Yes. Under O.C.G.A. 16-11-131, persons who are sentenced as first offenders under O.C.G.A. 42-8-60 and subsequently discharged without court adjudication of guilt are 'relieved from the disabilities imposed by this Code section.' The discharge exonerates you and restores all civil rights, including firearms. However, ensure your case records correctly reflect an exoneration — some individuals encounter issues because their records incorrectly show a conviction. If you experience a denial on a background check, you may need to obtain a corrected disposition from the sentencing court.

I am currently on First Offender probation. Can I possess firearms?

No. O.C.G.A. 16-11-131 explicitly prohibits any person 'who is on probation as a felony first offender' from possessing firearms. The prohibition is in effect during the entire probation period. Only upon successful discharge without adjudication of guilt are firearms rights restored.

The Governor of Georgia cannot grant pardons. Who can?

The Georgia State Board of Pardons and Paroles has exclusive pardon authority under the Georgia Constitution (Art. IV, Sec. II). This is unique among U.S. states — most states grant pardon power to the Governor. The Board is a five-member body appointed by the Governor with Senate confirmation, serving staggered seven-year terms. All pardon and firearms restoration applications must go through the Board.

I was convicted of a federal felony and live in Georgia. Can the Board restore my gun rights?

No. The Georgia Board of Pardons and Paroles only has authority over Georgia state convictions. For federal felony convictions, you must apply for a presidential pardon through the U.S. Department of Justice, Office of the Pardon Attorney. Alternatively, the new federal 18 U.S.C. 925(c) process (expected 2026) may provide a pathway for federal firearms restoration.

I received a pardon but it did not mention firearms. Are my gun rights restored?

No. Under O.C.G.A. 16-11-131, the pardon must 'expressly' authorize the person to receive, possess, or transport a firearm. A general pardon that does not mention firearms does not restore gun rights. If you already have a pardon without firearms language, you may need to apply to the Board for a supplemental restoration of firearms rights.

Can I apply for retroactive First Offender status if my original sentencing court did not use the First Offender Act?

Yes, in some cases. Georgia law allows a person to petition the original sentencing court for retroactive First Offender treatment if they would have been eligible at the time of sentencing. If the court grants retroactive First Offender status and the person has already completed probation, the effect is the same as an original First Offender discharge — the conviction is vacated and civil rights (including firearms) are restored. This requires legal counsel and is not guaranteed.

Frequently Asked Questions

Can a convicted felon own a gun in Georgia?: No — not unless the conviction has been pardoned with express firearms authorization, or the person was sentenced under the First Offender Act and discharged without a conviction. All convicted felons are prohibited from possessing firearms under O.C.G.A. 16-11-131. Violations are felonies punishable by 1-10 years imprisonment.
How long do I have to wait to apply for a pardon with firearms restoration in Georgia?: You must have completed your full sentence (including probation, parole, and fines) and been free of supervision and criminal involvement for at least 5 consecutive years. The 5-year period must also be the 5 years immediately prior to applying. For registered sex offenders, the requirement is 10 years. After applying, the Board's investigation and review typically takes 6-9 months.
Does the Governor of Georgia have pardon power?: No. Georgia is unique in that the Governor has no pardon power. The exclusive authority to grant pardons and restore rights rests with the Georgia State Board of Pardons and Paroles, a five-member constitutional body. The Governor appoints Board members (confirmed by the Senate) but cannot influence individual pardon decisions.
What is the First Offender Act and how does it affect gun rights?: The First Offender Act (O.C.G.A. 42-8-60) allows first-time offenders to be sentenced to probation without an adjudication of guilt. While on first offender probation, the person IS prohibited from possessing firearms. Upon successful completion and discharge, the person is fully exonerated — no conviction is entered, and all civil rights, including firearms rights, are automatically restored.
Can I get retroactive First Offender treatment?: Yes. If you were eligible for the First Offender Act at the time of your sentencing but it was not applied, you may petition the original sentencing court for retroactive First Offender treatment. If granted, the conviction is vacated and your civil rights (including firearms) are restored. This requires legal counsel and is at the court's discretion.
What happens if my pardon application is denied?: You may reapply. There is no fixed waiting period between applications, but the Board generally expects new evidence of rehabilitation or changed circumstances. Repeated applications with the same facts are unlikely to succeed. Consider what additional steps you can take to strengthen your application before reapplying.
Does a Georgia pardon with firearms restoration also remove the federal ban?: Potentially. A Georgia pardon that expressly restores firearms rights and also restores civil rights (voting, jury service) may satisfy the federal exception under 18 U.S.C. 921(a)(20), because the pardon restores civil rights and does not exclude firearms. However, this is ultimately evaluated by federal authorities. Consult a firearms attorney to confirm your federal status after receiving a pardon.
I was convicted in another state but live in Georgia. Can the Board restore my rights?: No. The Georgia Board of Pardons and Paroles only has authority over Georgia state convictions. For out-of-state convictions, you must seek a pardon or restoration from the state where you were convicted. For federal convictions, a presidential pardon is required. However, if your out-of-state conviction is pardoned or your rights are restored by the convicting jurisdiction, Georgia should recognize that restoration.

Take Action — Direct Links

Georgia State Board of Pardons and Paroles — Pardons & Restoration of Rights
Official page for pardons and rights restoration, including application forms, eligibility requirements, and FAQs.
Georgia Board of Pardons and Paroles — Pardons FAQs
Frequently asked questions about the pardon process, including firearms restoration, eligibility, and timelines.
Georgia Board of Pardons and Paroles — Pardon Application (PDF)
Downloadable pardon application form. Ensure you use the most current version from the Board's website.
Georgia Justice Project
Nonprofit providing legal services and advocacy for people with criminal records in Georgia, including assistance with pardon applications.
CCRC — Georgia Restoration of Rights Profile
Comprehensive overview of Georgia rights restoration from the Collateral Consequences Resource Center.
DOJ — Federal Firearm Rights Restoration (925(c))
Information on the new federal firearms rights restoration process under 18 U.S.C. 925(c), expected to begin accepting applications in 2026.