O.C.G.A. 324(a), 44 A.L.R. 291, 585 S.E.2d 207 (2003). Jones v. State, 350 Ga. App. Stephens v. State, 279 Ga. 43, 609 S.E.2d 344 (2005). 127, 386 S.E.2d 868 (1989), cert. Possession of a Firearm by Convicted Felon | Burns Smith Defendant's possession of a handgun when the defendant shot the victim on July 29, 2012, was not simultaneous with the defendant's possession of the long guns on August 2, 2012, when the defendant carried them from the house and hid them in the overgrown area of the backyard; thus, those convictions did not merge. Criminal possession of a firearm by a convicted felon. - O.C.G.A. 2d 50 (2007). 434, 346 S.E.2d 881 (1986); Hall v. State, 180 Ga. App. S08C0978, 2008 Ga. LEXIS 508 (Ga. 2008). Evidence was sufficient to support the defendant's aggravated assault, possession of a firearm during the commission of a crime, and possession of a firearm by a convicted felon convictions since the jury was entitled to give greater weight to the victim's positive contemporaneous identification of the defendant as the shooter and to conclude that the victim's subsequent uncertainty resulted from fear of retaliation by the defendant rather than from any real confusion about who fired the shot; the jury was also entitled to give little weight to a negative gunshot residue test result on defendant's hands as a sergeant regularly ordered gunshot residue tests on suspects. Count of possession of firearm by convicted felon does not merge with related armed robbery charge. In Texas, it is illegal for any person convicted of a felony to possess a gun or ammunition. After the plaintiff appealed a district court's dismissal with prejudice of the complaint seeking declaratory and injunctive relief to prevent the plaintiff's prosecution for violating 18 U.S.C. 16-11-131(c) mandating the granting of a pardon. 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. 618, 829 S.E.2d 820 (2019). Tanner v. State, 259 Ga. App. Disclaimer: These codes may not be the most recent version. 16-11-131; two witnesses testified that the defendant had told the witnesses that the defendant shot the victim, and one of the witnesses testified that the defendant stated that the shooting occurred during a robbery, the defendant discarded a gun that was later found to be the murder weapon while fleeing police on another crime, and the defendant admitted to police that the murder weapon was the defendant's, that the defendant stole $100 from the victims, and that the defendant shot the murder victim. McTaggart v. State, 285 Ga. App. Fed. 787, 608 S.E.2d 230 (2004), cert. 1. 24-4-6 (see now O.C.G.A. 744, 566 S.E.2d 450 (2002), overruled in part by Ross v. State, 279 Ga. 365, 614 S.E.2d 31 (2005). 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. denied, No. Butler v. State, 272 Ga. App. 474, 646 S.E.2d 695 (2007). Any person sentenced as a first offender pursuant to Article 3 of Chapter 8 of Title 42 or sentenced pursuant to subsection (a) or (c) of Code Section 16-13-2 and subsequently discharged without court adjudication of guilt as a matter of law pursuant to Code Section 42-8-60 or 16-13-2, as applicable, shall, upon such discharge, be relieved from the disabilities imposed by this Code section. Construction with O.C.G.A. Finley v. State, 286 Ga. 47, 685 S.E.2d 258 (2009). Sufficient evidence supported the defendant's convictions of two counts of felony murder under O.C.G.A. denied, 552 U.S. 833, 128 S. Ct. 60, 169 L. Ed. 172, 523 S.E.2d 31 (1999). Defendant's prior felony conviction for armed robbery is properly admitted where it is the basis for the charge of possession of a firearm by a convicted felon. 711, 350 S.E.2d 53 (1986). 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. Fact that gun was broken, dismantled, or inoperable as affecting criminal responsibility under weapons statute, 81 A.L.R.4th 745. denied, 186 Ga. App. 18.2-308.2 This charge can land you in prison for a long time. Can an ex felon own a gun legally? - SMB Criminal Defense Trial Possession of S08C0978, 2008 Ga. LEXIS 508 (Ga. 2008). denied, 129 S. Ct. 481, 172 L. Ed. 314, 387 S.E.2d 602 (1989); 123 A.L.R. Evidence establishing that the defendant was a convicted felon included not only the defendant's guilty plea to a charge of first-degree forgery, a felony, but also the defendant's admissions in closing argument that the defendant had been convicted on just that charge; thus, the evidence was sufficient to convict the defendant of possession of a firearm by a convicted felon. The evidence authorized the trier of fact to conclude that the defendant used one firearm to shoot the victim and possessed another firearm in the defendant's bedroom. Evidence that the defendant, a convicted felon, accompanied the victim to a store with the codefendant; shot the victim in the head with a handgun that the defendant had in defendant's possession; thereby, causing a wound in which the victim lost one eye; and along with the codefendant took all the victim's money was sufficient to support the defendant's conviction for and possession of a firearm by a convicted felon. 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. 16-11-131, and introduction of evidence of such previous conviction during trial of issue of guilt is not error. Proof of previous felony conviction is necessary element of state's proof under O.C.G.A. denied, 506 U.S. 839, 113 S. Ct. 118, 121 L. Ed. - For annual survey of criminal law, see 56 Mercer L. Rev. Fed. 847, 368 S.E.2d 771, cert. Daogaru v. Brandon, F.3d (11th Cir. 153, 630 S.E.2d 661 (2006). Evidence was sufficient to show that the defendant constructively possessed three firearms as a convicted felon in violation of O.C.G.A. 29, 2017)(Unpublished). Harris v. State, 283 Ga. App. Construction with 16-3-24.2. A: Previously, there was a misdemeanor called carrying a weapon without a license (in addition to the felony of possession of a firearm by a convicted felon). When the record shows two prior convictions and the records of the two convictions are so inextricably intertwined that one could not effectively be masked or otherwise removed from the jury's view, both convictions should be listed by the prosecutor. For article on the 2016 amendment of this Code section, see 33 Ga. St. U.L. 16-11-131(b), the defendant was not entitled to a jury instruction on involuntary manslaughter under O.C.G.A. There are nearly 22 million guns owned in the Lone Walker v. State, 281 Ga. 157, 635 S.E.2d 740 (2006), cert. Sufficiency of evidence as to nature of firearm in prosecution under state statute prohibiting persons under indictment for, or convicted of, crime from acquiring, having, carrying, or using firearms, 37 A.L.R.4th 1179. Hicks v. State, 287 Ga. App. 786, 653 S.E.2d 104 (2007). 2d 122 (2008). Unlawful use or possession of weapons by felons or persons in the custody of the Department of Corrections facilities. Wyche v. State, 291 Ga. App. 16-11-131 merged with the defendant's conviction of felony murder under O.C.G.A. 153 (2004). - Defendant's contention that the evidence was not sufficient to convict defendant of possessing firearms while a convicted felon because the weapons were not tendered into evidence is without merit. .030 Defacing a firearm. Brooks v. State, 285 Ga. 424, 677 S.E.2d 68 (2009). - See Wofford v. State, 262 Ga. App. Johnson v. State, 308 Ga. 141, 839 S.E.2d 521 (2020). S09C0986, 2009 Ga. LEXIS 341 (Ga. 2009). 60, 653 S.E.2d 361 (2007); Hyman v. State, 320 Ga. App. - Georgia Supreme Court held that the phrase any firearm, as used in O.C.G.A. Ingram v. State, 240 Ga. App. O.C.G.A. 3d Art. Warren v. State, 289 Ga. App. Jury was authorized to find the defendant guilty of voluntary manslaughter, O.C.G.A. - Unit of prosecution under O.C.G.A. 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. 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. 42-8-62 at the time the defendant allegedly violated O.C.G.A. 16-11-131's definition of a firearm does not include toys or nonfunctional replicas, and whether a pistol is a firearm is a matter to be determined by the jury. When a victim paid defendant money the victim owed, and, after the victim paid the money, defendant told the victim that the victim was going to die anyway and shot the victim as the victim sat in a vehicle with two other people, the evidence was sufficient to allow a rational trier of fact to find defendant guilty beyond a reasonable doubt of felony murder, possession of a weapon by a convicted felon, and possession of a weapon during the commission of a felony. 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. Adoption, Rejection, and Use of "Receipt of Benefits" Test Under 11 U.S.C.A. Johnson v. State, 282 Ga. 235, 647 S.E.2d 48 (2007). We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Att'y Gen. No. For article on the 2017 amendment of this Code section, see 34 Ga. St. U.L. 16-5-1 and on possession of a firearm by a convicted felon in violation of O.C.G.A. 331, 631 S.E.2d 388 (2006). Jones v. State, 318 Ga. App. denied, No. Sufficient evidence supported the defendant's conviction for possession of a firearm by a convicted felon based on the gun being found in close physical proximity to the defendant and that the defendant had in a pocket the exact number of the proper caliber bullets to completely reload the gun; although others had access to the car before the defendant took possession of the car, the evidence authorized the conclusion that the car had been visually inspected at a point close in time to when the defendant had sole access. WebWhat happens to the firearm rights of a felon will depend on what charges they faced. State may convict and punish for burglary and for unlawful possession of firearm by a previously convicted felon, when the firearm was taken in the burglary. - Unauthorized possession of weapon by person confined in penal institution, 42-5-63. 16-11-131. I, Para. Head v. State, 170 Ga. App. 16-11-131(b). S08C0978, 2008 Ga. LEXIS 508 (Ga. 2008). Const., amend. Any person who is on probation as a felony first offender pursuant to Article 3 of Chapter 8 of Title 42, who is on probation and was sentenced for a felony under subsection (a) or (c) of Code Section 16-13-2, or who has been convicted of a felony by a court of this state or any other state; by a court of the United States including its territories, possessions, and dominions; or by a court of any foreign nation and who receives, possesses, or transports any firearm commits a felony and, upon conviction thereof, shall be imprisoned for not less than one year nor more than ten years; provided, however, that upon a second or subsequent conviction, such person shall be imprisoned for not less than five nor more than ten years; provided, further, that if the felony for which the person is on probation or has been previously convicted is a forcible felony, then upon conviction of receiving, possessing, or transporting a firearm, such person shall be imprisoned for a period of five years. 1980 Op. - 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. Thompson v. State, 281 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. Under Texas Penal Code 12.33, 46.04, the unlawful possession of a firearm is a third-degree felony with a punishment range of two to ten years for a defendant with The first defendant told a driver to stop a car while the second defendant and the victim got out of another car; the second defendant held the victim at gunpoint with an AK-47; the first defendant jumped out of the car and approached the second car with a .45 caliber handgun; both defendants fired their weapons at the victim as the victim was running; after the victim fell, the second defendant stood over the victim with the rifle and fired several more times; the victim suffered five back-to-front bullet wounds; and shell casings from a .45 caliber handgun as well as an AK-47 were found at the scene. 16-11-129(b)(3). 16-11-131. Georgia Code 16-11-131. Arrested for Possession of a Firearm in Texas? Heres What to Do denied, No. - 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. If you are found in possession of a firearm with the intent to use it unlawfully, Application of National Environmental Policy Act (NEPA) Antisegmentation Principle to Dredge or Fill Projects, 45 A.L.R. 3d Art. When the state's evidence showed that the defendant pulled into a parking lot while the victim was robbing a friend of the defendant's, waited in the defendant's car until the victim came around a corner, and then shot the victim three times without the victim ever having aimed the victim's gun at the defendant, there was sufficient evidence to convict the defendant of felony murder based on the defendant's killing the victim while being a convicted felon in possession of a firearm in violation of O.C.G.A. - 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. 863, 288 S.E.2d 579 (1982); Grant v. State, 163 Ga. App. Web(a) A person who has been convicted of a felony commits an offense if he possesses a firearm: (1) after conviction and before the fifth anniversary of the persons release from confinement following conviction of the felony or the persons release from supervision under community supervision, parole, or mandatory supervision, whichever date is later; or Rev. Clark v. State, 194 Ga. App. 3d Art. 444, 313 S.E.2d 144 (1984). 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. However, because the defendant possessed all six of the long guns simultaneously, those six counts of possession of a firearm by a convicted felon involving the long guns merged for purposes of sentencing. 16-8-41, aggravated assault under O.C.G.A. Evidence was sufficient to support defendant's conviction for possession of a firearm by a convicted felon under O.C.G.A. Lawson v. State, 280 Ga. 881, 635 S.E.2d 134 (2006). Platt v. State, 291 Ga. 631, 732 S.E.2d 75 (2012). 16-5-1, armed robbery under O.C.G.A. 421, 718 S.E.2d 335 (2011). Can a Felon Buy Ammo 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.