(a) As used in this Code section, the term: (1) Felony means 16-11-131 is a reasonable regulation authorized by the police power and thus is not violative of Ga. Const. This site is protected by reCAPTCHA and the Google, There is a newer version Construction with 16-3-24.2. The KRS database was last updated on 03/02/2023. When there was no evidence that a pistol was not a firearm, the evidence was sufficient to support the jury's finding that the pistol was such beyond a reasonable doubt. The same restriction does not apply for long guns like rifles and shotguns. 3d Art. Under 18 U.S.C. The District Attorneys Office 2d 50 (2007). - O.C.G.A. 350, 651 S.E.2d 489 (2007). 148, 742 S.E.2d 767 (2013); Banks v. State, 329 Ga. App. denied, 552 U.S. 833, 128 S. Ct. 60, 169 L. Ed. Jones v. State, 282 Ga. 306, 647 S.E.2d 576 (2007). - Juvenile court erred by modifying the juvenile's disposition after determining that the disposition was void on the ground that the juvenile's conduct did not qualify as a Class-B felony because carrying a weapon in a school zone qualified as a Class-B designated felony under O.C.G.A. Roper v. State, 281 Ga. 878, 644 S.E.2d 120 (2007). Rev. Peppers v. State, 315 Ga. App. 16-11-106, as the defendant was angered by the victim's presence in the residence, the defendant assaulted the victim with a baseball bat and threatened to kill the victim if the victim did not leave the residence, and when the victim returned to the residence, the defendant fatally shot the victim in the stomach. Green v. State, 302 Ga. App. 16-11-131, because in determining whether a sentence is a felony, the established consideration is what sentence can be imposed under the law, not what was imposed. State v. Remy, 308 Ga. 296, 840 S.E.2d 385 (2020). 16-11-131, and possession of a firearm during the commission of a felony murder in violation of O.C.G.A. - Trial court's charge that "the fact that a convicted felon obtains a license to carry a pistol is no defense to a charge of being a Convicted Felon in Possession of a Firearm" was correct. 197, 626 S.E.2d 169 (2006). 3d Art. Evidence supported a defendant's conviction of possession of a firearm by a convicted felon even though the only evidence presented during the separate guilt/innocence phase on that charge was the certified copy of the defendant's indictment, guilty plea, and sentence for the felony offense of theft by taking; the jury was properly instructed that the jury was authorized to consider the evidence presented in the first guilt/innocence phase of the trial, as well as the evidence presented in the second guilt/innocence phase, in reaching the jury's verdict regarding the charge of possession of a firearm by a convicted felon. O.C.G.A. Despite the trial court's abuse of discretion in rejecting the defendant's offer to stipulate to a prior conviction for aggravated child molestation, that error was harmless as it was undisputed that the defendant was a convicted felon, admitted to possessing the firearm, and failed to give any justification for possession or offer any evidence of a legal reason to do so. 16-11-131 was tantamount to a directed verdict, requiring reversal. (1) Felony means any offense punishable by imprisonment for a term of one year or more and includes conviction by a court-martial under the Uniform Code of Military WebPossession of Firearm by a Convicted Felon or First Offender Probationer. Butler v. State, 272 Ga. App. What amounts to "control" under state statute making it illegal for felon to have possession or control of firearm or other dangerous weapon, 66 A.L.R.4th 1240. Chenoweth v. State, 281 Ga. 7, 635 S.E.2d 730 (2006). - Pursuant to Code Section 28-9-5, in 1988, "of" was deleted following "Chapter " in subsection (e) (now (f)). State v. Langlands, 276 Ga. 721, 583 S.E.2d 18 (2003). denied, 552 U.S. 833, 128 S. Ct. 60, 169 L. Ed. Wright v. State, 279 Ga. App. An individual accused of robbery takes property belonging to another with the intent to deprive the owner of their possession. 137, 570 S.E.2d 424 (2002); Herring v. State, 277 Ga. 317, 588 S.E.2d 711 (2003); Thornton v. State, 288 Ga. App. 790.23 580, 305 S.E.2d 29 (1983); Brown v. State, 168 Ga. App. Harris v. State, 283 Ga. App. Webprobationers are generally forbidden to possess firearms, and if a convicted felon or felony first-offender probationer unlawfully possesses a firearm, he commits a felony. 61 (2017). 16-11-131 as the state was not required to prove that the gun was operational at the time the defendant possessed the gun. 210, 348 S.E.2d 736 (1986); Dickerson v. State, 180 Ga. App. Fed. - Because the defendant had completed a three-year first-offender probationary sentence and had been discharged without court adjudication of guilt pursuant to O.C.G.A. 291, 585 S.E.2d 207 (2003). 16-11-126(b), and possession of a firearm by a convicted felon, O.C.G.A. SPRINGFIELD, Ill. A federal jury returned a guilty verdict on February 22, 2023, against Aaron Jackson, 30, of Springfield, Ill. for knowingly possessing a firearm as a State v. Langlands, 276 Ga. 721, 583 S.E.2d 18 (2003). 299, 630 S.E.2d 774 (2006). 314, 387 S.E.2d 602 (1989); 123 A.L.R. 246, 384 S.E.2d 451 (1989). 374, 626 S.E.2d 579 (2006). 1976, Art. Smallwood v. State, 166 Ga. App. The evidence at trial on the malice murder and possession of a firearm during the commission of a crime charges was sufficient and was incorporated by reference into the trial on the firearm count. Convicted felon's conviction for possession of a shotgun was authorized, even though the shotgun was not in the felon's immediate possession, where the evidence supported a finding that the felon was a party to the crime of burglary and the felon and codefendant were co-conspirators. With regard to a defendant's conviction on two counts of possession of a firearm by a convicted felon, the trial court did not err in denying the defendant's motion for directed verdict based on the defendant's contention that a prior out-of-state conviction was not a felony conviction; given that the defendant was convicted of an offense that carried a maximum punishment of three years in prison, the trier of fact properly concluded that the defendant had been convicted of an offense punishable by imprisonment for a term of one year or more, pursuant to O.C.G.A. 2016 Statute. (Code 1933, 26-2914, enacted by Ga. L. 1980, p. 1509, 1; Ga. L. 1982, p. 1171, 2; Ga. L. 1983, p. 945, 1; Ga. L. 1987, p. 476, 1, 2; Ga. L. 1989, p. 14, 16; Ga. L. 2000, p. 1630, 5; Ga. L. 2012, p. 899, 8-5/HB 1176; Ga. L. 2014, p. 426, 4/HB 770; Ga. L. 2014, p. 444, 2-5/HB 271; Ga. L. 2016, p. 443, 6C-2/SB 367; Ga. L. 2017, p. 417, 3-1/SB 104; Ga. L. 2018, p. 550, 4-4/SB 407.). 247, 304 S.E.2d 95 (1983); McGee v. State, 173 Ga. App. 42-8-62 at the time the defendant allegedly violated O.C.G.A. 16-11-131(a)(2). Waiver or Loss of Protection of Federal Attorney 'Work Product' Protection for Expert Witnesses Under Fed. Head v. State, 170 Ga. App. O.C.G.A. Herndon v. State, 277 Ga. App. - Convictions for armed robbery, aggravated assault with the intent to rob, possession of a firearm during the commission of a felony, and possession of a firearm by a convicted felon were proper because the defendant's right to a speedy trial was not violated by the 20-month delay between the date the indictment was issued to the date of the defendant's actual trial as the delay was due to a higher priority of statutory speedy trial demands, so it was not a deliberate delay on the part of the state, and as the defendant failed to show any prejudice from the delay. 16-11-131, defendant was not entitled to the immunity offered by 16-3-24.2 State v. Burks, 285 Ga. 781, 684 S.E.2d 269 (2009). 481, 657 S.E.2d 533 (2008), cert. Tanksley v. State, 281 Ga. App. 3d Art. Head v. State, 170 Ga. App. art. 16-11-131, and introduction of evidence of previous conviction during trial of issue of guilt was not error. 16-5-21, possession of a firearm by a convicted felon in violation of O.C.G.A. - Propriety of using single prior felony conviction as basis for offense of possessing weapon by convicted felon and to enhance sentence, 37 A.L.R.4th 1168. denied, 129 S. Ct. 481, 172 L. Ed. Absent a pardon, such an applicant commits a felony under O.C.G.A. 88; Gray v. State, 254 Ga. App. - Because defendant's three prior felony convictions, and a subsequent conviction of possession of a firearm by a convicted felon as a result of one or more of those felonies, remained separate felonies that could be used to impose a recidivist punishment for the commission of yet another felony, and defendant did not seek to collaterally attack any of those convictions, the recidivists sentences imposed under O.C.G.A. Adoption, Rejection, and Use of "Receipt of Benefits" Test Under 11 U.S.C.A. 565, 677 S.E.2d 752 (2009). Att'y Gen. No. 5, 670 S.E.2d 824 (2008). 86-4. Fain v. State, 259 Ga. 708, 386 S.E.2d 144 (1989). 1980 Op. View Entire Chapter. 16-11-131(b); the crime is committed when one who is currently on probation as a first offender possesses a firearm. 16-11-131 is not an ex post facto law because it creates a new offense and imposes punishment for that offense only. Const., amend. In the defendant's murder trial, trial counsel was not ineffective for failing to specially demur to the counts in the defendant's indictment charging possession of a firearm by a convicted felon and felony murder predicated on that crime because neither count specified the felony of which the defendant was previously convicted; although it was required that the state prove a felony, it was not required that the felony be listed in the indictment. - Defendant's charge of possession of a firearm by a felon, on which a charge of felony murder was predicated, was based on defendant's Pennsylvania misdemeanor conviction for involuntary manslaughter, which carried a maximum five-year sentence. After the defendant was found guilty of rape and aggravated assault, a separate guilt/innocence trial was held on the firearm possession charge, wherein the state introduced into evidence, without objection, a certified copy of the defendant's guilty plea and sentence for the crime of voluntary manslaughter, which testimony and documentary evidence from the combined proceedings sufficiently established that the defendant was guilty of possession of a firearm by a convicted felon. - Because the gravamen of the offense of possession of a firearm by a convicted felon is the general receive, possession, or transportation of firearms by convicted felons, rather than the specific quantity of firearms received, possessed, or transported, O.C.G.A. 6. denied, 129 S. Ct. 169, 172 L. Ed. 557, 612 S.E.2d 865 (2005). Adkins v. State, 164 Ga. App. 744, 566 S.E.2d 450 (2002), overruled in part by Ross v. State, 279 Ga. 365, 614 S.E.2d 31 (2005). 847, 368 S.E.2d 771, cert. 1. State v. Santerfeit, 163 Ga. App. 24-5-506) to try a firearms possession charge, which required evidence of a prior felony conviction, together with a marijuana and a burglary charge. Evidence that handguns belonging to a passenger in a defendant's car, that the handguns were within an arm's reach of the defendant during the commission of felony drug offenses, that the defendant knew that the passenger carried guns for protection while in the drug trade in which the defendant actively participated, and that the defendant was a first offender probationer was sufficient to show that the defendant jointly and constructively possessed the handguns in violation of O.C.G.A. Possession of firearms by convicted felons and first offender probationers. Walker v. State, 281 Ga. 157, 635 S.E.2d 740 (2006), cert. Defendant's conviction for possession of a firearm by a convicted felon, based upon defendant's and an accomplice's robbing a store at gunpoint, was affirmed because the evidence was sufficient to support the conviction as latent fingerprints, which belonged to defendant, that were found in the car used in the armed robbery sufficiently corroborated the testimony of the accomplice who identified defendant as the driver of the car before the accomplice recanted the accomplice's custodial statement at trial. - Conviction was reversed in part because while the defendant knew the location of the shotgun, there was no evidence presented that the defendant had actual possession of the shotgun outside of possibly handing the shotgun to officers at the officers' request, nor was there evidence that the defendant was in constructive possession of the shotgun in violation of O.C.G.A. Starling v. State, 285 Ga. App. KRS Chapter 527. 105, 650 S.E.2d 767 (2007). Any error in the admission of a witness's statements under the necessity exception to the hearsay rule was harmless in light of the overwhelming evidence of defendant's guilt for assault and possession of a firearm by a convicted felon, including the exact match of defendant's blood sample to the blood found at the scene, the location and timing of defendant's capture, and the fact that defendant had a recent gunshot wound. WebGeorgia Code 16-11-131. The good news is that you have options. Although the trial court might not have been presented with evidence that the defendant was in physical possession of a firearm during the hijacking of the victim's car, because the evidence that was presented authorized a finding that the defendant was a party to that crime, and that all those involved were joint conspirators, the trial court did not err in denying the defendant a new trial on grounds that the indictment charging possession of a firearm during the commission of a felony was at fatal variance with the proof presented at trial. Fed. 16-11-131(b) is possession of a single firearm, and the defendant could be separately punished for possession of each of the firearms seized from the defendant's house; thus, the trial court committed no error in declining to merge the defendant's four firearm-related convictions for purposes of sentencing. 617, 591 S.E.2d 481 (2003). Warren v. State, 289 Ga. App. Anyone convicted of violating this law after having been issued a handgun license pursuant to the Oklahoma Self- Defense Act will have his or her license suspended for six months and will be subject to an administrative fine of $50. Possession of firearms by convicted felons and first offender probationers. S08C0978, 2008 Ga. LEXIS 508 (Ga. 2008). 6. Strawder v. State, 207 Ga. App. Bivins v. State, 166 Ga. App. Sufficient evidence supported the defendant's convictions of two counts of felony murder under O.C.G.A. 1. 16-11-131(a), defining a felony for purposes of the charge of possession of a firearm by a convicted felon, creates an ambiguity in that a person of ordinary intelligence could fail to appreciate that the definition was meant to look past the treatment given a criminal offense by an out-of-state jurisdiction and encompass within the ambit of O.C.G.A. 16-11-131(b) was found ambiguous and permitted only one prosecution and conviction for the simultaneous possession of multiple firearms. 16-11-131(b) because the defendant's bedroom contained two firearms and ammunition for a third gun that was found in a spare bedroom, and a shed the defendant used also contained ammunition for the guns. This crime is categorized as a third-degree felony. 16-8-41, aggravated assault under O.C.G.A. Brooks v. State, 285 Ga. 424, 677 S.E.2d 68 (2009). Lawson v. State, 280 Ga. 881, 635 S.E.2d 134 (2006). 6 for failure to request a bifurcated trial on felony murder under O.C.G.A. Ingram v. State, 240 Ga. App. Harvey v. State, 344 Ga. App. 24-14-6), to exclude every other reasonable hypothesis except that of the defendant's guilt; the defendant made several admissions to officers that constituted direct evidence including that the defendant had a gun in the defendant's bedroom and that the defendant used the gun to hunt. - Since the state offered as proof of defendant's previous felony conviction a certified copy of the 1974 burglary conviction of one Henry Levi Glass and defendant presented no evidence contradicting that defendant was the person named in the 1974 documents, it was held that concordance of name alone is some evidence of identity and that in the absence of any denial by defendant and no proof to the contrary, this concordance of name was sufficient to show that defendant and the individual previously convicted were the same person. A person who has been convicted under federal or state law of a felony pertaining to antitrust violations, unfair trade practices, or restraint of trade shall, upon presenting to the Board of Public Safety proof, and it being established from said proof, submitted by the applicant to the satisfaction of the Board of Public Safety that the circumstances regarding the conviction and the applicant's record and reputation are such that the acquisition, receipt, transfer, shipment, or possession of firearms by the person would not present a threat to the safety of the citizens of Georgia and that the granting of the relief sought would not be contrary to the public interest, be granted relief from the disabilities imposed by this Code section. Defendant was properly convicted on two counts of possession of a firearm by a convicted felon as a result of the police finding a silver .32 caliber handgun in the closet of the defendant's master bedroom, which also contained the defendant's clothes and other possessions, and to which the defendant admitted ownership; in turn, the victim testified that the defendant shot the victim with a gun, and the police found .380 caliber shell casings at the crime scene. 372, 626 S.E.2d 567 (2006). Tiller v. State, 286 Ga. App. Johnson v. State, 203 Ga. App. Major v. State, 280 Ga. 746, 632 S.E.2d 661 (2006). 10.16 Using a Firearm While under the Influence 790.151, Fla. Stat. 16-11-131) was only an additional qualification to requirements presently provided in former Code 1933, 26-2904 (see now O.C.G.A. Porter v. State, 275 Ga. App. .010 Definitions for chapter. The arrest was made without a warrant or probable cause. 55, 601 S.E.2d 434 (2004). - Clear impact of O.C.G.A. Those convicted of federal crimes face the worst trouble. Get free summaries of new opinions delivered to your inbox! I, Para. - Defendant was not entitled to a new jury on a trial of a possession of a firearm by a convicted felon charge as, generally, all charges arising out of the same conduct had to be tried in a single prosecution; although there were limited exceptions to the rule allowing, under proper circumstances, the bifurcation of a possession of a firearm by a convicted felon charge, the defendant was not entitled to a separate trial before a new jury on that charge. 153, 630 S.E.2d 661 (2006). 901, 386 S.E.2d 39 (1989). S08C0978, 2008 Ga. LEXIS 508 (Ga. 2008). The range of fine is $50$500. Green v. State, 287 Ga. App. 2d 50 (2007). 73 (2017). Any offense occurring before July 1, 2012, shall be governed by the statute in effect at the time of such offense and shall be considered a prior conviction for the purpose of imposing a sentence that provides for a different penalty for a subsequent conviction for the same type of offense, of whatever degree or level, pursuant to this Act.". 16-11-131, which prohibits possession of a firearm by a convicted felon. 3d Art. - Ga. L. 2012, p. 899, 9-1(a)/HB 1176, not codified by the General Assembly, provides: "This Act shall become effective on July 1, 2012, and shall apply to offenses which occur on or after that date. Web790.23 Felons and delinquents; possession of firearms, ammunition, or electric weapons or devices unlawful.. - In a case where the defendant shot and killed the victim during a robbery, trial counsel's performance was not deficient simply because counsel did not move to sever the firearm possession charge from the other counts of the indictment, since that charge was material to the more serious charges, including malice murder, and, thus, it was not incumbent upon the trial court to bifurcate the trial. Mar. Evidence was sufficient to support defendant's conviction for possession of a firearm by a convicted felon as the conviction was supported by more evidence than just defendant's mere spatial proximity to the gun because: (1) the jury could have inferred that defendant actually lived in the apartment rented by defendant's sister and that the items found in the apartment belonged to defendant; and (2) the gun was found in plain view on the television, which defendant claimed as defendant's own, next to defendant's keys to the apartment. 16-11-131, the failure to correctly list a conviction as forgery in the first degree, instead of forgery, did not result in a variance between the indictment and proof offered at the trial so as to affect defendant's substantial rights. - Defendant's conviction for possession of a firearm by a convicted felon was reversed because the defendant established ineffective assistance of counsel for counsel's failure to object to the witness's testimony that improperly bolstered the investigator's testimony and credibility. Hicks v. State, 287 Ga. App. Sufficiency of prior conviction to support prosecution under state statute prohibiting persons under indictment for, or convicted of, crime from acquiring, having, carrying, or using firearms or weapons, 39 A.L.R.4th 983. 16-11-131, the trial court properly dismissed the charge. denied, 193 Ga. App. WebThe range of punishment in the county jail is ten dayssix months. 801, 701 S.E.2d 202 (2010). 45 (2018). A judgment of conviction for transporting a stolen motor vehicle in interstate or foreign commerce or for committing or - Brady Handgun Violence Prevention Act, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Crime Information Center Council, 140-2-.17. 3d Art. Warren v. State, 289 Ga. App. One crime is not "included" in the other and they do not merge. You're all set! (a) Criminal possession of a weapon by a convicted felon is possession of any weapon by a person who: (1) Has been convicted of a person felony or a violation of article 57 of chapter 21 of the Kansas Statutes 2d 344 (2008), overruled on other grounds, No. No error found in court's charging the language of O.C.G.A. 828, 711 S.E.2d 387 (2011). Warren v. State, 289 Ga. App. 896, 418 S.E.2d 155 (1992). - Defendant's trial counsel could not be ineffective in failing to specifically demur to the charges of possession of a firearm by a convicted felon, and the felony murder based on the same, as it was not necessary for the charge to state what felony formed the basis of the prior conviction. Smallwood v. State, 296 Ga. App. I, Para. This charge can land you in prison for a long time. Evidence supported the defendant's convictions for malice murder, felony murder, aggravated assault, armed robbery, possession of a firearm by a convicted felon, and possession of a firearm during the commission of a crime. 2d 213 (1984). denied, No. 16-11-131. 618, 829 S.E.2d 820 (2019). 24-4-6 (see now O.C.G.A. Alvin v. State, 287 Ga. App. A federal jury found a Springfield man guilty last week for knowingly possessing a firearm as a convicted felon after a two-day trial at Please check official sources. O.C.G.A. Evidence that defendant kept guns in storage in safes immediately after defendant was released from prison on parole after defendant's convictions for aggravated assault and firing a gun at another was sufficient to show that defendant was guilty of possession of a firearm by a first offender probationer. Up to $10,000 in fines. Nonforcible felon who has been free of restraint or supervision for five years is not eligible to apply for a license to carry firearms unless the felon obtains a pardon within the meaning of O.C.G.A. 94, 576 S.E.2d 71 (2003). 1986 Op. 521, 295 S.E.2d 219 (1982). 1203(2). Jones v. State, 350 Ga. App. Midura v. State, 183 Ga. App. Article 63. 178, 645 S.E.2d 658 (2007). Scott v. State, 190 Ga. App. 608, 722 S.E.2d 351 (2012). 16-11-131(b). Waugh v. State, 218 Ga. App. - Firearms found in the defendant's girlfriend's room, occupied by the defendant and defendant's girlfriend at the time of arrest, were properly admitted as being relevant to prove the necessary elements of O.C.G.A. 16-11-131, since the violation of that statute was an other crime not shown to be connected with the one on trial, served no useful or relevant purpose, placed the defendant's character in evidence, and was prejudicial to the defendant. 16-11-131(c) mandating the granting of a pardon. 313, 744 S.E.2d 833 (2013). - O.C.G.A. "Felony" means any offense punishable by imprisonment for a term of one year or more and includes conviction by a court-martial under the Uniform Code of Military Justice for an offense which would constitute a felony under the laws of the United States. 16-11-131, criminalizing a felon's firearm possession, gave insufficient notice to defendant that the Pennsylvania misdemeanor could be a predicate felony for a charge under the statute. Web- Possession of a firearm by a convicted felon does not merge with act of shooting the firearm; therefore, a jury may find a convicted felon guilty of felony murder by treating the Prather v. State, 247 Ga. 789, 279 S.E.2d 697 (1981); Favors v. State, 182 Ga. App. of Platt v. State, 291 Ga. 631, 732 S.E.2d 75 (2012). Further, because the evidence showed that the defendant committed the burglary in which certain guns were stolen, it followed that the defendant took possession of the guns during the burglary, thus, there was sufficient circumstantial evidence to support the verdict of guilty on the possession of a firearm by a convicted felon charge with regard to the guns found in the bedroom of defendant's parent.