16-11-131(b), indicated that the quantity of firearms was inconsequential and that the gravamen of the offense was the general receipt, possession, or transportation of firearms by convicted felons, rather than the specific quantity of firearms received, possessed, or transported and, therefore, the statute unambiguously permitted only one conviction for simultaneous possession of any number of firearms. denied, 464 U.S. 1069, 104 S. Ct. 975, 79 L. Ed. 165, 661 S.E.2d 226 (2008), cert. denied, 464 U.S. 1069, 104 S. Ct. 975, 79 L. Ed. 2d 50 (2007). 2d 50 (2007). Web16-11-131. 178, 786 S.E.2d 558 (2016). 434, 346 S.E.2d 881 (1986); Hall v. State, 180 Ga. App. denied, 192 Ga. App. Scott v. State, 250 Ga. 195, 297 S.E.2d 18 (1982). (a) As used in this Code section, the term: (1) "Felony" means any offense 290 (2012). 370, 358 S.E.2d 912 (1987). Brooks v. State, 285 Ga. 424, 677 S.E.2d 68 (2009). 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. - 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. Lawson v. State, 280 Ga. 881, 635 S.E.2d 134 (2006). art. 61, 635 S.E.2d 353 (2006). 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. 16-5-2, felony murder predicated on possession of a firearm by a convicted felon in violation of O.C.G.A. What constitutes "constructive possession" of unregistered or otherwise prohibited weapon under state law, 88 A.L.R.5th 121. 42, 520 S.E.2d 746 (1999); Evans v. State, 240 Ga. App. 627, 636 S.E.2d 779 (2006). Harris v. State, 283 Ga. App. 852, 350 S.E.2d 835 (1986); Marshall v. State, 193 Ga. App. 918, 368 S.E.2d 771 (1988); Spivey v. State, 193 Ga. App. Tampa, FL - United States Attorney Roger B. Handberg announces the return of an indictment charging Martez Manning (26, St. Petersburg) with one count of possession Hinton v. State, 297 Ga. App. 474, 646 S.E.2d 695 (2007). Lee v. State, 280 Ga. 521, 630 S.E.2d 380 (2006). 88; Gray v. State, 254 Ga. App. 16-5-21(a)(2), possession of a firearm during the commission of a crime, O.C.G.A. 922(g)(1), the plaintiff lacked standing because even if 922(g)(1) was declared unconstitutional as applied to the plaintiff, Georgia law independently barred the plaintiff from possessing a firearm because of the plaintiff's Michigan convictions. Proscription of 18 U.S.C.A. 922(g)(3) that Persons Who Are Unlawful Users of or Addicted to Any Controlled Substance Cannot Possess Any Firearm or Ammunition in or Affecting Commerce, 44 A.L.R. Thomas v. State, 305 Ga. App. Hicks v. State, 287 Ga. App. Jones v. State, 350 Ga. App. 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(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. Have you recently been arrested for possession of a firearm in Texas? - 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. - 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. The 2016 amendment, effective July 1, 2016, substituted "as a matter of law pursuant to Code Section 42-8-60" for "pursuant to Code Section 42-8-62" near the middle of subsection (f). 925" in the first sentence of subsection (d). 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. 3d Art. State Journal-Register. It follows that the unlawful possession of a firearm by a convicted felon or felony first-offender probationer will preclude the felon or 55, 601 S.E.2d 434 (2004). 42-8-62 at the time the defendant allegedly violated O.C.G.A. 3d Art. - When a defendant was charged with possession of a firearm by a convicted felon, the defendant was entitled to a charge as to justification, the only defense defendant claimed; the refusal to so charge and to charge merely the language of O.C.G.A. Martin v. State, 281 Ga. 778, 642 S.E.2d 837 (2007). Disclaimer: These codes may not be the most recent version. There was sufficient evidence to support a defendant's burglary conviction as it was within the province of the jury to believe the testimony of the owner of the burglarized home, who was a police officer, and the testimony of a detective, regardless if the owner's trial testimony contradicted a prior written statement. Waiver or Loss of Protection of Federal Attorney 'Work Product' Protection for Expert Witnesses Under Fed. - O.C.G.A. - Because the only evidence before the jury regarding the defendant's status as a convicted felon was the entry of a guilty plea to a crime that could have been either a felony or a misdemeanor, the evidence failed to provide the jury with a sufficient basis for finding that element beyond a reasonable doubt; consequently, the defendant's conviction for possession of a firearm by a convicted felon had to be reversed. 273, 297 S.E.2d 47 (1982). 143, 444 S.E.2d 115 (1994). denied, 129 S. Ct. 481, 172 L. Ed. Fain v. State, 259 Ga. 708, 386 S.E.2d 144 (1989). WebAny person prohibited from possessing, transporting, or carrying a firearm, ammunition for a firearm, or a stun weapon under subsection A may petition the circuit court of the jurisdiction in which he resides or, if the person is not a resident of the Commonwealth, the circuit court of any county or city where such person was last convicted of a 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. Green v. State, 302 Ga. App. S08C0978, 2008 Ga. LEXIS 508 (Ga. 2008). - Evidence that the defendant was found in possession of two black powder guns was sufficient to support the convictions for possession of a firearm during the commission of a crime and by a convicted felon. 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. For article on the 2012 amendment of this Code section, see 29 Ga. St. U.L. Poole v. State, 291 Ga. 848, 734 S.E.2d 1 (2012). WebWhat happens to the firearm rights of a felon will depend on what charges they faced. 347. 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. 559, 802 S.E.2d 19 (2017). 16-8-41, aggravated assault under O.C.G.A. 16-11-131. 16-11-131, and possession of a firearm during the commission of a felony murder in violation of O.C.G.A. Article 63. The plea to carrying a concealed weapon, a misdemeanor, was not an element of the current charge of the possession of a firearm by a first offender probationer under O.C.G.A. Midura v. State, 183 Ga. App. Smith v. State, 180 Ga. App. Ziegler v. State, 270 Ga. App. Peppers v. State, 315 Ga. App. 444, 313 S.E.2d 144 (1984). - To support a conviction for possession of a firearm by a convicted felon, the state need only prove that the accused is a convicted felon and in possession of a firearm as defined in O.C.G.A. 557, 612 S.E.2d 865 (2005). 24, 601 S.E.2d 405 (2004). Bryant v. State, 169 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. - 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. 3d Art. 16-11-129(b)(3)). 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. 6. 711, 350 S.E.2d 53 (1986). Joint trial and use of evidence concerning offense of having been convicted of a felony and thereafter being in possession of a firearm during the trial and deliberation as to counts for armed robbery and possession of the sawed-off shotgun did not prejudice defendant's right to a fair trial by denial of due process and equal protection of the law. Glass v. State, 181 Ga. App. 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. Fed. R. Civ. 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. Defendant's conviction for malice murder, possession of a firearm during the commission of a crime, and possession of a firearm by a convicted felon was supported by the evidence as: (1) the defendant told the defendant's girlfriend that the defendant knew who had taken the defendant's drugs from a motel room and that the defendant was going to get them; (2) the defendant and an accomplice forced a woman with something "glossy" on the woman's forehead; (3) the defendant told the driver to stop at a secluded area so that the defendant could put the woman "somewhere safe"; (4) the defendant threw a gun from a bridge on the return; (5) the defendant instructed the driver to clean blood from the car's backseat; and (6) the defendant told the defendant's girlfriend that the defendant had killed the person who had the defendant's drugs and told a cell mate that the defendant had shot a person. 16-11-131(b). - 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. S10P1859, 2011 Ga. LEXIS 267 (Ga. 2011). 17-10-7(a). You're all set! Balloon Payments in Chapter 13 Bankruptcy Proceedings, 44 A.L.R. IV. 179, 355 S.E.2d 109 (1987). 323, 504 S.E.2d 19 (1998); Adams v. State, 239 Ga. App. Cited in Robinson v. State, 159 Ga. App. 481, 657 S.E.2d 533 (2008), cert. Malcolm v. State, 263 Ga. 369, 434 S.E.2d 479 (1993). 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. 16-11-131. Ledesma v. State, 251 Ga. 487, 306 S.E.2d 629 (1983), cert. Hall v. State, 322 Ga. App. Fed. For article on the 2018 amendment of this Code section, see 35 Ga. St. U.L. S08C0978, 2008 Ga. LEXIS 508 (Ga. 2008). 15-11-2 and "firearm" included "handguns" under O.C.G.A. O.C.G.A. Conducting a trial on a possession of a firearm charge prior to the sentencing phase and before the same jury that imposed a death sentence on a defendant did not unnecessarily prejudice the jury by impermissibly placing the defendant's character in issue in the sentencing phase since the state could have introduced evidence of the defendant's prior convictions during the sentencing phase. 734, 783 S.E.2d 133 (2016). Whitt v. State, 281 Ga. App. - It is the public policy of Georgia that possession of firearms by convicted felons generally presents a threat to the safety of the citizens of the state. 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. 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. 618, 829 S.E.2d 820 (2019). Chenoweth v. State, 281 Ga. 7, 635 S.E.2d 730 (2006). A drug dealer told police that the drug dealer saw the defendant shoot the victim, although the drug dealer said at trial that the drug dealer did not see the shooting; the drug dealer's spouse testified as to a statement by the drug dealer that was inconsistent with the drug dealer's trial testimony; and another prosecution witness testified that before the shooting, the defendant said that the defendant was "going to get" the victim and that afterward, the defendant said, "I told you I was going to do" the victim. - 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. 523, 359 S.E.2d 416 (1987). 1980 Op. 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. 247, 304 S.E.2d 95 (1983); McGee v. State, 173 Ga. App. Edmunds v. Cowan, 192 Ga. App. Rev. The issue in Greer v. United States involved 18 USC 922 (g), the federal law prohibiting felons from possessing firearms. 16-11-131 cannot also be used to punish a defendant as a repeat offender under O.C.G.A. Admission of a certified copy of defendant's five-year sentence for a prior conviction of armed robbery showing both that defendant had pled guilty to armed robbery and that defendant had been represented by counsel satisfied the requirement of O.C.G.A. Constructive possession is sufficient to prove a violation. Possession of firearms by convicted felons and first offender probationers. of 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. Major v. State, 280 Ga. 746, 632 S.E.2d 661 (2006). Under 18 U.S.C. - 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. Starling v. State, 285 Ga. App. 372, 626 S.E.2d 567 (2006). Fed. After verdicts were entered on the other counts charged against the defendant, evidence submitted by the state consisting of a certified copy of the defendant's prior conviction showing the defendant's probationary status as a first time offender for felony theft by taking at the time of the crimes was sufficient to support a conviction under O.C.G.A.