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Benefit from the Experience of Attorneys Bill and Valerie Sherman Former Assistant Attorney General, Assistant County Attorneys and Magistrate Judge

Alpharetta: Can I keep my guns if I file bankruptcy?

Question: I am a gun owner and I got into some financial trouble. I was speculating in real estate in North Georgia and I was trying to flip houses in Alpharetta, Roswell and Dunwoody. When the real estate crash hit I took some major financial blows. The bank foreclosed on some houses.

I had to live off of my credit cards for a while and now I have large balances due on my Visa, Discover and American Express cards. So I need some debt relief. And now I'm being harassed by some debt collectors.

I know that going bankrupt will help me clear up my credit. But I need to know if I can keep my guns if I file bankruptcy. I own a handgun and a rifle. I'm not prepared to give up my Second Amendment rights just to get out of debt. I believe in the U.S. Constitution and I want to keep my weapons.

But I really need to get rid of debt. I need to be free from these debt collection agencies.

So can I keep my guns if I file bankruptcy?

C.R. in Alpharetta

Answer: Yes, you can keep your handgun and rifle if you file for bankruptcy. There is no provision in Georgia state law or in federal law that makes a gun owner give up his or her right to bear arms if they file bankruptcy.

Interestingly, both the right to file bankruptcy and the right to bear arms are found in the United States Constitution; the right to file bankruptcy is found in Article 1, and the right to own a gun is contained in the 2nd Amendment. By owning a gun and filing bankruptcy you are exercising your rights as an American!

We have worked with many people who are proud members of the National Rifle Association, GeorgiaCarry.org and GeorgiaPacking.org. We help people exercise their constitutional rights.

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When the time comes to speak with an Alpharetta bankruptcy lawyer, we'll be here for you.

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Just call us at 678-215-4106. We proudly serve the entire Atlanta metro area and North Georgia.

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