Malone v. State, 337 Ga. App. - Because defendant was found guilty of malice murder, defendant was properly convicted also of a possession count, it being unrelated to malice murder. Head v. State, 170 Ga. App. Because the evidence showed that the probationer had continuous access to the firearms in the house on the day of a fatal shooting, and that the probationer intended to, and did in fact exercise control over the sons' access to one of the guns in the minutes leading up to the shooting, the trial court properly found that the probationer had constructive possession of the firearm. - To the extent that the appellant argued that the trial court erred in imposing consecutive sentences, the argument was without merit because the trial court had broad discretion to impose either a concurrent or consecutive sentence for possession of a firearm by a convicted felon, and the record did not show that the court made that decision under a misapprehension about the scope of the court's discretion. Tiller v. State, 286 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. S08C1413, 2008 Ga. LEXIS 914 (Ga. 2008). 309, 827 S.E.2d 733 (2019); Caldwell v. State, 355 Ga. App. denied, 186 Ga. App. Bogan v. State, 177 Ga. App. - It was proper under O.C.G.A. 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. 73 (2017). Tanksley v. State, 281 Ga. App. 2d 213 (1984). Up to fifteen (15) years of probation. 331, 631 S.E.2d 388 (2006). 2d 50 (2007). (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 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. 61, 635 S.E.2d 353 (2006). 1976, Art. 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. - Victim's testimony at trial sufficiently identified the defendant as the assailant who fired shots at the victim and the evidence was sufficient to support convictions for aggravated assault, possession of a firearm during the commission of a crime, and possession of a firearm by a convicted felon since the victim knew the defendant from a previous encounter and although it was dark, the victim was able to see the defendant's face during the incident because the area was illuminated by a streetlight. "Firearm" includes any handgun, rifle, shotgun, or other weapon which will or can be converted to expel a projectile by the action of an explosive or electrical charge. 588, 600 S.E.2d 675 (2004). 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. WebThe suspect was a convicted felon who was not allowed to possess a firearm and was currently out on bond for Assault Against a Family Member. State v. Remy, 308 Ga. 296, 840 S.E.2d 385 (2020). 481, 657 S.E.2d 533 (2008), cert. If you are convicted, you will face up to 10 years in 16-11-126(c), which concerns carrying a concealed weapon. Alvin v. State, 287 Ga. App. "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. - 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. denied, No. Campbell v. State, 279 Ga. App. - 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. 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. Georgia may have more current or accurate information. 0:02. Rev. WebNORFOLK, Va. An Isle of Wight man was sentenced today to 81 months in prison for being a convicted felon in possession of firearms and ammunition. 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. Fed. - Because no exigency existed to justify a search after the defendant was handcuffed and placed under the watchful eye of a police officer, and even assuming that the defendant was under arrest while being detained in the kitchen, a search of the defendant's bedroom, which yielded a shotgun found under the bed in the bedroom, a box of unspent shotgun shells, and some loose unspent shotgun shells, was not one incident to an arrest; thus, the defendant's possession of a firearm while a convicted felon conviction was reversed, and the case was remanded for a new trial in which the illegally-obtained evidence could not be introduced. - 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. 16-11-131. - Jury was authorized to find that the disassembled rifle was a firearm within the statutory definition. - Unit of prosecution under O.C.G.A. 2016 Statute. It follows that the unlawful possession of a firearm by a convicted felon or felony first-offender probationer will preclude the felon or 1980 Op. 16-11-131 or in refusing to charge sudden emergency, specific intent, or O.C.G.A. .020 Carrying concealed deadly weapon. Walker v. State, 281 Ga. 157, 635 S.E.2d 740 (2006), cert. 608, 722 S.E.2d 351 (2012). Sign up for our free summaries and get the latest delivered directly to you. Evidence was sufficient to support defendant's conviction for possession of a firearm by a convicted felon under O.C.G.A. WebWhat happens to the firearm rights of a felon will depend on what charges they faced. 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. 16-11-131(b) clearly prohibited all convicted felons from possessing a firearm until the felons were pardoned from the felons' felony convictions or otherwise relieved of the disability, and no exception was made for an invalid outstanding felony conviction. Because conviction of a prior felony is a necessary element of the crime of firearm possession as proscribed by O.C.G.A. If you are found in possession of a firearm with the intent to use it unlawfully, S08C0978, 2008 Ga. LEXIS 508 (Ga. 2008). - Police search of a defendant's bag and person, which produced handguns, cocaine, cash, and other drugs was lawful because the search was made pursuant to the police officers' lawful warrantless arrest of the defendant when the defendant arrived at a motel room exactly answering a detailed description provided by a confidential informant, who stated that the defendant would be carrying a shoulder bag containing drugs and a loaded handgun. Harvey v. State, 344 Ga. App. Coates v. State, 304 Ga. 329, 818 S.E.2d 622 (2018). 178, 786 S.E.2d 558 (2016). (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 Lee v. State, 280 Ga. 521, 630 S.E.2d 380 (2006). denied, No. 16-8-41, aggravated assault under O.C.G.A. 301, 460 S.E.2d 871 (1995). The issue in Greer v. United States involved 18 USC 922 (g), the federal law prohibiting felons from possessing firearms. 918, 368 S.E.2d 771 (1988); Spivey v. State, 193 Ga. App. The range of fine is $50$500. 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. White v. State, 312 Ga. App. One crime is not "included" in the other and they do not merge. The law says guns are forbidden for those convicted of crimes that attract prison terms exceeding a year. Smith v. State, 180 Ga. App. R. Civ. State v. Mills, 268 Ga. 873, 495 S.E.2d 1 (1998). 314, 387 S.E.2d 602 (1989); 123 A.L.R. Fed. Fain v. State, 259 Ga. 708, 386 S.E.2d 144 (1989). 105, 650 S.E.2d 767 (2007). 61 (2017). 324, 316 S.E.2d 791, rev'd on other grounds, 253 Ga. 429, 322 S.E.2d 228 (1984), overruled in part by Ross v. State, 279 Ga. 365, 614 S.E.2d 31 (2005). 617, 591 S.E.2d 481 (2003). 852, 350 S.E.2d 835 (1986); Marshall v. State, 193 Ga. App. 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. U80-32. 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. Because a defendant was a convicted felon in possession of a firearm, a felony under O.C.G.A. 16-11-131 cannot also be used to punish a defendant as a repeat offender under O.C.G.A. McKie v. State, 345 Ga. App. If convicted, he faces a sentence of up to 40 years in prison. 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(a)'s definition of a felony created an ambiguity, in that a person of ordinary intelligence could fail to appreciate that the statute intended to encompass any offense with a maximum penalty over 12 months, even if it was called a misdemeanor. Taylor v. State, 267 Ga. App. 770, 728 S.E.2d 286 (2012). 3. Trial court did not err in denying the defendant's motion to suppress evidence a police officer recovered from a rental car because the officer had reasonable grounds for detaining the defendant since the officer found the defendant and a friend in the parking lot of a closed business late at night, knew that several burglaries and thefts had occurred in the area recently, and observed that the defendant and the friend appeared to be nervous when the officer spoke with them; in the course of securing a firearm the officer saw a firearm in the center console of the rental car, the officer saw in plain view a digital scale with white residue, affording the officer probable cause to effect a custodial arrest of the defendant. 2d 50 (2007). For article on the 2017 amendment of this Code section, see 34 Ga. St. U.L. 16-11-131 any offense with a maximum sentence exceeding 12 months, even those denominated "misdemeanor" by the rendering jurisdiction; section was held partly unconstitutional in that it failed to give sufficient notice as to what out-of-state convictions could be used in support of the charge. Davis v. State, 325 Ga. App. 2d 50 (2007). (b.1)Any person who is prohibited by this Code section from possessing a firearm because of conviction of a forcible felony or because of being on probation as a first offender or under conditional discharge for a forcible felony and who attempts to purchase or obtain transfer of a firearm shall be guilty of a felony and upon conviction shall be punished by imprisonment for not less than one year nor more than five years; provided, however, that upon a second or subsequent conviction, such person shall be punished by imprisonment for not less than five nor more than ten years. Possession of firearms by convicted felons and first offender probationers (a) As used in this Code section, the term: (1) "Felony" means any offense punishable by imprisonment for a term of one year or more and includes conviction by a court-martial 16-11-131 is not an ex post facto law. 2d 213 (1984). Davis v. State, 287 Ga. App. According to court 17-10-7. Jolly v. State, 183 Ga. App. Green v. State, 287 Ga. App. .010 Definitions for chapter. Foreign Agents Registration Act of 1938, As Amended (22 U.S.C.A. 16-11-131; the victims of both armed robberies, who testified as to the defendant's conduct of holding the victims up with a gun and taking cash, identified the defendant as the perpetrator, and when the officers apprehended the defendant, the defendant had a gun. Evidence was sufficient to show that the defendant constructively possessed three firearms as 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. Fed. - Proof of previous felony conviction is necessary element of state's proof under O.C.G.A. 16-11-131(b); the crime is committed when one who is currently on probation as a first offender possesses a firearm. 86-4. 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. The KRS database was last updated on 03/02/2023. 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. 16-11-131(b). Thompson v. State, 168 Ga. App. 21-6304. Jones v. State, 318 Ga. App. Ingram v. State, 240 Ga. App. An individual accused of robbery takes property belonging to another with the intent to deprive the owner of their possession. 24, 601 S.E.2d 405 (2004). The same restriction does not apply for long guns like rifles and shotguns. 379, 494 S.E.2d 100 (1997); Crawford v. State, 233 Ga. App. 16-11-131. 153, 630 S.E.2d 661 (2006). - 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. 444, 313 S.E.2d 144 (1984). Ledesma v. State, 251 Ga. 487, 306 S.E.2d 629 (1983), cert. 16-11-131 was tantamount to a directed verdict, requiring reversal. - Trial court erred in failing to merge, for purposes of sentencing, the defendant's convictions for possession of a firearm during the commission of a crime and possession of a firearm by a convicted felon with use of a firearm by a convicted felon during the commission of another felony, because the same act was used to establish each of the offenses and each crime did not require proof of a fact not required by the other. 16-5-2(a), aggravated assault, O.C.G.A. denied, 193 Ga. App. Roper v. State, 281 Ga. 878, 644 S.E.2d 120 (2007). 786, 653 S.E.2d 104 (2007). - 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. 572, 754 S.E.2d 151 (2014). Landers v. State, 250 Ga. 501, 299 S.E.2d 707 (1983). - 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. 165, 661 S.E.2d 226 (2008), cert. 1. Extradition Treaties Between United States of America and United Kingdom of Great Britain and Northern Ireland - United States and United Kingdom Cases, 45 A.L.R. 734, 783 S.E.2d 133 (2016). - O.C.G.A. You can explore additional available newsletters here. .030 Defacing a firearm. 15, 443 S.E.2d 662 (1994); Willis v. State, 214 Ga. App. 372, 626 S.E.2d 567 (2006). 601, 462 S.E.2d 648 (1995). A record that the relief has been granted by the board shall be entered upon the criminal history of the person maintained by the Georgia Crime Information Center and the board shall maintain a list of the names of such persons which shall be open for public inspection. 911, 386 S.E.2d 868 (1989); Black v. State, 261 Ga. 791, 410 S.E.2d 740 (1991), cert. Cade v. State, 351 Ga. App. 557, 612 S.E.2d 865 (2005). 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. For annual survey on criminal law, see 69 Mercer L. Rev. Willie Antonio Bass, 35, of Augusta, is charged with Conspiracy to Possess with Intent to Distribute and To Distribute 500 Grams or More of Cocaine and Possession of a Firearm by a Convicted Felon. 16-11-131, insufficiency in the proof of this element demands entry of a judgment of acquittal as to that offense; thus, since the Court of Appeals determined that the state's evidence was insufficient to prove that the defendant was a convicted felon, it was error for that court to remand the case for a hearing on the sole issue of whether the defendant had in fact pled guilty to any prior charges. 16-11-131. - For annual survey of criminal law, see 56 Mercer L. Rev. Driscoll v. State, 295 Ga. App. Construction with O.C.G.A. 492, 379 S.E.2d 199, cert. The offenses charged were separate and distinct and there was no merger; evidence used to establish the burglary was not again used to establish the later crime of possession of a weapon by a convicted felon. Smallwood v. State, 296 Ga. App. Had sufficient notice been given, the full faith and credit clause, U.S. Const. WebGeorgia Code 16-11-131. 5. 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,". 790.23 421, 718 S.E.2d 335 (2011). 16-11-131. - 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. S08C0978, 2008 Ga. LEXIS 508 (Ga. 2008). 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. 3d Art. 16-11-131 is not an ex post facto law because it creates a new offense and imposes punishment for that offense only. Evidence was sufficient to establish the defendant's constructive possession of a gun because the defendant had access to the gun and had exercised control over the gun and there was evidence to corroborate the defendant's statement to police that the defendant had purchased a gun since the defendant knew where the gun was hidden and the defendant gave police permission to enter the room, indicating the intent to exert control over the room and contents. 775, 296 S.E.2d 110 (1982); Brooks v. State, 250 Ga. 739, 300 S.E.2d 810 (1983); Alexander v. State, 166 Ga. App. denied, 129 S. Ct. 481, 172 L. Ed. 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.
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