Unlawful use or possession of weapons by felons or persons in the custody of the Department of Corrections facilities. 493, 349 S.E.2d 490 (1986); Booker v. State, 257 Ga. 37, 354 S.E.2d 425 (1987); Jackson v. State, 186 Ga. App. denied, 552 U.S. 833, 128 S. Ct. 60, 169 L. Ed. 813, 485 S.E.2d 39 (1997). - In a prosecution of defendant for possession of a firearm by a convicted felon, introduction of evidence showing defendant had a prior criminal record was necessary to prove the charge. 16-11-131 provides sufficient notice to a person of ordinary intelligence that a conviction by an out-of-state court of a crime, which authorized punishment of up to three years in prison, is a felony conviction for purposes of the statute. denied, No. "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. 2d 50 (2007). VIII). Article 63. Defendant's conviction for possession of a firearm by a convicted felon was supported by evidence that the defendant was present in the apartment above the defendant's mother's garage, had access to the garage at any time, and was present in the apartment almost every time probation officers visited, allowing the jury to find the defendant had access, power, and intention to exercise dominion or control over the firearm found in the apartment. Sign up for our free summaries and get the latest delivered directly to you. 130, 392 S.E.2d 896 (1990). Had sufficient notice been given, the full faith and credit clause, U.S. Const. 6 for failure to request a bifurcated trial on felony murder under O.C.G.A. Because sufficient direct and circumstantial evidence showed that the defendant, a prior felon wielding a weapon, engaged in a fight with the two victims, fatally wounding one and shooting the other in the arm, and thereafter fled from police, the defendant's convictions for involuntary manslaughter, reckless conduct, fleeing and eluding, and possession of a firearm by a convicted felon were upheld on appeal. 17-10-7, when the state had already used that conviction in support of the charge of possession of a firearm by a convicted felon because the defendant failed to object at sentencing to the exhibit containing the conviction. Defendant was not convicted of possession of a firearm by a convicted felon under O.C.G.A. 16-11-131; because the possession count was a predicate offense for the felony murder count, the prior conviction that was admitted into evidence was relevant to the felony murder count, and it was not necessary to sever the possession count. - O.C.G.A. 16-5-2, felony murder predicated on possession of a firearm by a convicted felon in violation of O.C.G.A. For article on the 2016 amendment of this Code section, see 33 Ga. St. U.L. 627, 636 S.E.2d 779 (2006). 1986 Op. Gun possession may be restricted based on various factors, including: Age/Type of Gun: Federal law prohibits the sale of a handgun to anyone under age 18. State v. Remy, 308 Ga. 296, 840 S.E.2d 385 (2020). What constitutes "constructive possession" of unregistered or otherwise prohibited weapon under state law, 88 A.L.R.5th 121. There was sufficient evidence to support the defendant's convictions of felony murder, possession of a firearm by a convicted felon, and possession of a firearm during the commission of a felony; a witness who sold drugs for the defendant got into a dispute with a third person over drugs before the shooting, the defendant upon seeing the victim asked the witness if the victim was the third person in question and then shot the victim, and witnesses placed the defendant at the scene of the crime and testified that the witnesses saw the defendant carrying a gun. 3d Art. 10, 424 S.E.2d 310 (1992). denied, 129 S. Ct. 481, 172 L. Ed. 657, 350 S.E.2d 302 (1986). Jones v. State, 318 Ga. App. Chapter 790. denied, 552 U.S. 833, 128 S. Ct. 60, 169 L. Ed. 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. denied, No. Possession of Cade v. State, 351 Ga. App. 372, 626 S.E.2d 567 (2006). Wyche v. State, 291 Ga. App. 523(a)(2), 44 A.L.R. State Journal-Register. 197, 626 S.E.2d 169 (2006). McKie v. State, 345 Ga. App. Mar. 172, 523 S.E.2d 31 (1999). - 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. 42-8-62 at the time the defendant allegedly violated O.C.G.A. 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. 16-11-131) was only an additional qualification to requirements presently provided in former Code 1933, 26-2904 (see now O.C.G.A. 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. 2016 Statute. The US Supreme Court on Monday limited new trials for felons convicted for being in possession of a firearm, limiting the retroactive application of its 2019 decision Rehaif v. United States. - Possession of an antique shotgun while a convicted felon was sufficient to sustain a conviction under O.C.G.A. This crime is categorized as a third-degree felony. 106, 739 S.E.2d 395 (2013); Ferguson v. Perry, 292 Ga. 666, 740 S.E.2d 598 (2013); Vann v. State, 322 Ga. App. 617, 591 S.E.2d 481 (2003). Ingram v. State, 240 Ga. App. For article on the 2018 amendment of this Code section, see 35 Ga. St. U.L. Any error in the admission of a certified copy of a defendant's burglary conviction without redacting an attachment that set forth the evidence supporting the conviction was waived by the defendant as the defendant failed to object to the admission of the document at trial; however, the defendant was not unduly prejudiced by the admission of the document as the defendant did not offer to stipulate to the conviction and neither the conviction nor the facts surrounding the conviction were of a nature likely to inflame the passions of the jury. - It could not be presumed that defendant, as owner and head of a household, owned or possessed the firearms found therein during a search for drugs, where there was no other evidence to show that defendant owned or possessed the firearms; the evidence was not sufficient to support defendant's conviction of possession of a firearm by a convicted felon. Hightower v. State, 278 Ga. 39, 597 S.E.2d 362 (2004). 374, 626 S.E.2d 579 (2006). The issue in Greer v. United States involved 18 USC 922 (g), the federal law prohibiting felons from possessing firearms. Layne v. State, 313 Ga. App. 105, 817 S.E.2d 557 (2018); Barber v. State, 350 Ga. App. 324(a), 44 A.L.R. Lawson v. State, 280 Ga. 881, 635 S.E.2d 134 (2006). - One charged with possession of a firearm by a convicted felon was prohibited from collaterally attacking a prior felony conviction that served as the predicate offense since O.C.G.A. 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. 16-11-131; although the defendant claimed that the defendant acted in self-defense, the jury was free to reject the defendant's claim. - In a case in which the evidence showed that defendant, a convicted felon, used a firearm to shoot the deceased, a trial court erred in granting defendant's motion to quash the indictment under O.C.G.A. 16-3-21 and16-11-138, then it could not be said that the defendant was committing a felony when the defendant shot the victim, and the preclusive bar of 16-3-21(b)(2) would not apply. 16-11-131(b) if the felon carries a firearm. No error found in court's charging the language of O.C.G.A. 16-11-131(b). Warren v. State, 289 Ga. App. Warren v. State, 289 Ga. App. Hicks v. State, 287 Ga. App. Tanksley v. State, 281 Ga. App. 3d Art. 521, 295 S.E.2d 219 (1982). 16-11-131, which prohibits possession of a firearm by a convicted felon. 764, 315 S.E.2d 257 (1984). The 2018 amendment, effective July 1, 2018, in subsection (b), inserted ", who is on probation and was sentenced for a felony under subsection (a) or (c) of Code Section 16-13-2," near the middle, inserted "year", and substituted "ten years" for "five years" in the middle, in the proviso, inserted "upon a second or subsequent conviction, such person shall be imprisoned for not less than five nor more than ten years; provided, further, that", and substituted "for" for "as to" in the middle of the proviso; in paragraph (b.1), inserted "or under conditional discharge", deleted "pursuant to this Code section" following "forcible felony" near the middle, inserted "upon conviction", inserted "year" in the middle, and added the proviso; and, in subsection (f), substituted "sentenced" for "placed on probation" near the beginning, and, in the middle, inserted "or sentenced pursuant to subsection (a) or (c) of Code Section 16-13-2" and inserted "or 16-13-2, as applicable,". 2d 213 (1984). 246, 384 S.E.2d 451 (1989). 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. There was sufficient evidence to support the defendant's convictions of malice murder, possession of a firearm by a convicted felon, and possession of a firearm during the commission of a felony; the defendant and the victim lived in the same rooming house where the defendant often intimidated the victim and demanded money from the victim, on the night of the crime the defendant sent the victim to buy crack cocaine and became angry when the victim returned empty-handed, the defendant argued with the victim and shot the victim in the eye, and at the hospital the victim repeatedly declined to say who shot the victim, except to say that a person with a first name other than the defendant's shot the victim accidentally. The KRS database was last updated on 03/02/2023. Charles Lewis. 1. Web10.15 (a) Possession Of [A Firearm] [An Electric Weapon or Device] [Ammunition] [Or] [Carrying a Concealed Weapon] by a Person Under the Age of 24 Who Has Been Found Delinquent of an Offense that would be a Felony if Committed by an Adult 790.23 (1) (b) or (1) (d), Fla. Stat. In Texas, it is illegal for any person convicted of a felony to possess a gun or ammunition. Warren v. State, 289 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. Coursey v. State, 196 Ga. App. 248, 651 S.E.2d 174 (2007). Fed. Fed. 350, 651 S.E.2d 489 (2007). Cited in Robinson v. State, 159 Ga. App. Evidence that the defendant, who threatened to kill the victim in the past, took the victim to a retention pond, shot the victim, wrapped the body with a large boulder, placed the victim in a retention pond, and, for days, misled the victim's mother and authorities about the victim's whereabouts was sufficient to support convictions for malice murder, felony murder, feticide, aggravated assault, and possession of a firearm. 16-3-24.2. 61 (2017). Because Georgia abolished the inconsistent verdict rule, and despite the fact that the jury found that the defendant did not commit armed robbery, this did not preclude the trial judge from finding the defendant guilty of possessing a firearm while a convicted felon given evidence that: (1) the defendant's status as a convicted felon was not contested; and (2) the defendant was in constructive possession of the firearm used by another to commit the crimes charged and conspired to possess the firearm as a party to the crime. 88; Gray v. State, 254 Ga. App. - Pursuant to Code Section 28-9-5, in 1988, "of" was deleted following "Chapter " in subsection (e) (now (f)). 42, 520 S.E.2d 746 (1999); Evans v. State, 240 Ga. App. P. 26(b)(3), 44 A.L.R. O.C.G.A. - 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. 153, 630 S.E.2d 661 (2006). Platt v. State, 291 Ga. 631, 732 S.E.2d 75 (2012). Broner v. State, 284 Ga. 402, 667 S.E.2d 613 (2008). U80-32. 421, 718 S.E.2d 335 (2011). Merely having once been sentenced to a term of probation as a first offender is not an element of the crime defined in 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 - Evidence was insufficient to convict the defendant of possession of a firearm by a convicted felon because the defendant's name did not appear on the lease for the apartment and there was no evidence that the defendant had any clothing or personal items at the apartment; the only evidence linking the defendant to the gun, other than the defendant's proximity to it, was the discovery of paperwork bearing the defendant's name in a closet of the apartment; and that circumstantial evidence did not provide a link between the defendant and the gun, nor did it exclude the possibility that the gun belonged to others present in the apartment - such as the other individual detained in the bedroom or those individuals found in the living room. Trial court did not err in denying the defendant's motion to bifurcate and separately try the count for being a felon in possession of a firearm because bifurcation was not authorized when the charge of being a felon in possession served as the underlying felony for felony murder. 16-11-131. Ledesma v. State, 251 Ga. 487, 306 S.E.2d 629 (1983), cert. in a residential area and the defendant's attempt to flee on foot; a backpack that the defendant was carrying while running from the police and which was recovered from the roof of the house around which the defendant had disappeared had drugs and a pistol in the backpack. Because conviction of a prior felony is a necessary element of the crime of firearm possession as proscribed by O.C.G.A. 640, 448 S.E.2d 745 (1994). This site is protected by reCAPTCHA and the Google, There is a newer version Tiller v. State, 286 Ga. App. Head v. State, 170 Ga. App. 16-11-131(b) and (c) is to implicitly repeal O.C.G.A. - Trial counsel was ineffective in failing to seek to redact the portion of a defendant's first offender plea that related to carrying a concealed weapon. If convicted, they face up to 10 years in federal prison. Convictions of felony murder, possession of a firearm during the commission of a crime, and possession of a firearm by a convicted felon were supported by sufficient evidence showing that, during an argument involving the defendant and the two victims, the defendant told one of the victims to go get the victim's guns, adding that the defendant had guns, the victim went to the victim's vehicle and retrieved two handguns, approached with arms crossed and a gun in each hand, and the defendant took a gun out of the waistband of the defendant's pants and started shooting, wounding one victim and killing the other victim. 1983, Art. S09C0986, 2009 Ga. LEXIS 341 (Ga. 2009). ATF investigated the case along with Alabama Law Enforcement Agency and several other local law enforcement agencies, which Assistant U.S. Attorney Robert J. Becher, Sr. is prosecuting. 178, 786 S.E.2d 558 (2016). 16-11-131, the trial court did not err in instructing the jury on the definitions of constructive and joint possession to enable the jury to consider whether defendant "possessed" the weapon within the meaning of that section. Scott v. State, 190 Ga. App. Since the defendant's first-offender probation expired prior to the date on which the defendant was alleged to have possessed a firearm and the state presented no evidence that the defendant possessed a firearm during the term of probation and prior to the defendant's discharge, the defendant's conviction for possession of a firearm by a first-offender probationer had to be reversed. - 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. - Georgia Supreme Court held that the phrase any firearm, as used in O.C.G.A. Little v. State, 195 Ga. App. ), 44 A.L.R. S08C0978, 2008 Ga. LEXIS 508 (Ga. 2008). Proscription of 18 U.S.C.A. - Proof of previous felony conviction is necessary element of state's proof under O.C.G.A. It follows that the unlawful possession of a firearm by a convicted felon or felony first-offender probationer will preclude the felon or - State Board of Pardons and Paroles has authority to restore, in a pardon to a Georgian convicted of a felony, the right to receive, possess or transport in commerce a firearm, so long as the pardon expressly uses wording which appears in 18 U.S.C. 153 (2004). When the defendant shot a victim in the head after an argument and also shot at another victim but failed to hit the second victim, a rational trier of fact could have found beyond a reasonable doubt that the defendant was guilty of felony murder, possession of a firearm during the commission of a crime, and possession of a firearm by a convicted felon. State v. Langlands, 276 Ga. 721, 583 S.E.2d 18 (2003). 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. 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. You're all set! 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. Possession of Firearm During Commission of or Attempt to Commit Certain Crimes. Green v. State, 287 Ga. App. 299, 630 S.E.2d 774 (2006). 896, 418 S.E.2d 155 (1992). A person who has been convicted of a felony, but who has been granted relief from the disabilities imposed by the laws of the United States with respect to the acquisition, receipt, transfer, shipment, or possession of firearms by the secretary of the United States Department of the Treasury pursuant to 18 U.S.C. Adoption, Rejection, and Use of "Receipt of Benefits" Test Under 11 U.S.C.A. 786, 653 S.E.2d 104 (2007). denied, 186 Ga. App. 309, 827 S.E.2d 733 (2019); Caldwell v. State, 355 Ga. App. 16-5-21(a)(2), possession of a firearm during the commission of a crime, O.C.G.A. Testimony provided by two accomplices, together with inside information wherein defendant learned about the location of the robbery, the security camera on the premises, the people that worked there, how many people worked there, who was in the back area, and about the safe, when coupled with the fact that the gunman was not captured on the security camera, provided some evidence, though slight, that the robber had such inside information; under the circumstances, the accomplices' testimony was sufficiently corroborated, and the jury was authorized to find defendant guilty of armed robbery, possession of a firearm during the commission of a felony, and possession of a firearm by a convicted felon. Those convicted of federal crimes face the worst trouble. 16-11-131(b), the defendant was not entitled to a jury instruction on involuntary manslaughter under O.C.G.A. - Because defendant was found guilty of malice murder, defendant was properly convicted also of a possession count, it being unrelated to malice murder. Validity of state gun control legislation under state constitutional provisions securing right to bear arms - convicted felons, 85 A.L.R.6th 641.
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