Joiner v. State, 163 Ga. App. Major v. State, 280 Ga. 746, 632 S.E.2d 661 (2006). 481, 657 S.E.2d 533 (2008), cert. For article on the 2012 amendment of this Code section, see 29 Ga. St. U.L. (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.). denied, 186 Ga. App. 84, 812 S.E.2d 353 (2018), aff'd, 306 Ga. 111, 829 S.E.2d 376 (2019). 314, 387 S.E.2d 602 (1989); 123 A.L.R. denied, 552 U.S. 833, 128 S. Ct. 60, 169 L. Ed. - 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. 3d Art. 16-11-131 does not limit the number of prior felony convictions that may be considered to establish the offense. O.C.G.A. Malone v. State, 337 Ga. App. Finley v. State, 286 Ga. 47, 685 S.E.2d 258 (2009). - 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. 604, 327 S.E.2d 566 (1985). 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. 42-8-62 at the time the defendant allegedly violated O.C.G.A. 16-11-131(b). 16-11-131. After the appellant was found guilty of criminal damage to property, kidnapping, and possession of a firearm by a convicted felon, evidence of the appellant's prior felony conviction for voluntary manslaughter was clearly admissible since the state's evidence proving the appellant's prior conviction contained references not only to voluntary manslaughter, as alleged in the indictment, but also to charges of murder and aggravated assault. 16-5-1 and on possession of a firearm by a convicted felon in violation of O.C.G.A. 16-11-126(b), and possession of a firearm by a convicted felon, O.C.G.A. Malone v. State, 337 Ga. App. 178, 645 S.E.2d 658 (2007). Sufficiency of evidence of possession in prosecution under state statute prohibiting persons under indictment for, or convicted of, crime from acquiring, having, carrying, or using firearms or weapons, 43 A.L.R.4th 788. In the Interest of D. B., 341 Ga. App. 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. Baker v. State, 214 Ga. App. 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. Waugh v. State, 218 Ga. App. Fed. "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. - 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. Fed. 179, 355 S.E.2d 109 (1987). This crime is categorized as a third-degree felony. 197, 626 S.E.2d 169 (2006). 3. Brown v. State, 268 Ga. App. 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. You can explore additional available newsletters here. 16-11-131. The same restriction does not apply for long guns like rifles and shotguns. Construction with 16-3-24.2. - 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. - CRIMES AGAINST THE PUBLIC SAFETY. 640, 448 S.E.2d 745 (1994). 734, 310 S.E.2d 725 (1983). - With regard to a defendant's convictions on two counts of armed robbery, possession of a firearm during the commission of a crime, failure to obey a traffic control device, fleeing and attempting to elude a police officer, reckless driving, failure to stop at the scene of an accident, and possession of a firearm by a convicted felon, the trial court properly denied the defendant's motion for a new trial and sufficient evidence existed to support the defendant's convictions as the trial court did not err in admitting into evidence certain bullets found in the defendant's possession at the time of the defendant's arrest based on the state allegedly not providing a proper chain of custody; the bullets, unlike fungible articles, were distinct and recognizable physical objects that were identifiable by observation, eliminating the necessity of a chain-of-custody showing. Hutchison v. State, 218 Ga. App. Starling v. State, 285 Ga. App. Johnson v. State, 308 Ga. 141, 839 S.E.2d 521 (2020). 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. 16-11-131) was only an additional qualification to requirements presently provided in former Code 1933, 26-2904 (see now O.C.G.A. 770, 728 S.E.2d 286 (2012). 611 et seq. WebPossession of a Firearm During the Commission of a Crime is a very serious felony in Georgia. Davis v. State, 280 Ga. 442, 629 S.E.2d 238 (2006). Pursuant to Code Section 28-9-5, in 1996, "18 U.S.C. Whitt v. State, 281 Ga. App. 45 (2018). 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. 10, 424 S.E.2d 310 (1992). In Texas, it is illegal for any person convicted of a felony to possess a gun or ammunition. Validity of state gun control legislation under state constitutional provisions securing right to bear arms - convicted felons, 85 A.L.R.6th 641. I, Para. 374, 626 S.E.2d 579 (2006). - 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 felon's possession of a firearm in committing the murder as the underlying felony. 374, 641 S.E.2d 619 (2007). 614, 340 S.E.2d 256 (1986). You already receive all suggested Justia Opinion Summary Newsletters. - 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. 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 Web(b) If a felon is convicted of a criminal offense other than possession of a firearm by a convicted felon, and he or she possessed a firearm in commission of that offense, then the felon shall be penalized for violating this section one (1) class more severely if it is a second or subsequent violation of this section. O.C.G.A. 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. Peppers v. State, 315 Ga. App. 16-11-131(c). - Possession of an antique shotgun while a convicted felon was sufficient to sustain a conviction under O.C.G.A. An individual accused of robbery takes property belonging to another with the intent to deprive the owner of their possession. 16-11-131(c) mandating the granting of a pardon. - Evidence supported the defendant's contention that the defendant shot the victim in self-defense; therefore, if the defendant's possession of a firearm at the shooting was justified under the rule created 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. Chenoweth v. State, 281 Ga. 7, 635 S.E.2d 730 (2006). 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. 16-11-131(b). 178, 786 S.E.2d 558 (2016). Disclaimer: These codes may not be the most recent version. - In a recitation of felonies in an indictment for violation of O.C.G.A. 290 (2012). 323, 504 S.E.2d 19 (1998); Adams v. State, 239 Ga. App. Evidence was sufficient to show that the defendant constructively possessed three firearms as a convicted felon in violation of O.C.G.A. 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 911, 386 S.E.2d 868 (1989); Black v. State, 261 Ga. 791, 410 S.E.2d 740 (1991), cert. 16-5-21(a)(2), possession of a firearm during the commission of a crime, O.C.G.A. Jones v. State, 350 Ga. App. 2d 344 (2008), overruled on other grounds, No. Defendant's conviction of possession of a firearm by a convicted felon under O.C.G.A. 42, 520 S.E.2d 746 (1999); Evans v. State, 240 Ga. App. 481, 657 S.E.2d 533 (2008), cert. McKee v. State, 280 Ga. 755, 632 S.E.2d 636 (2006). Head v. State, 170 Ga. App. of 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 cannot also be used to punish a defendant as a repeat offender under O.C.G.A. WebSPRINGFIELD, 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 convicted felon. WebGeorgia Code 16-11-131. 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. - 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. 16-11-131 punishes a discrete crime and subjects a defendant to neither double jeopardy nor multiple prosecutions for the same offense. 16-11-131(b). Section 925" was substituted for "18 U.S.C. Tanksley v. State, 281 Ga. App. Those convicted of federal crimes face the worst trouble. State Journal-Register. 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). .010 Definitions for chapter. State v. Mills, 268 Ga. 873, 495 S.E.2d 1 (1998). 3d Art. Warren v. State, 289 Ga. App. 153 (2004). 324(a), 44 A.L.R. 16-11-131. - Clear impact of O.C.G.A. 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. - In a prosecution for violation of O.C.G.A. 16-11-131(b) merely based on circumstantial evidence that failed, in violation of former O.C.G.A. Fain v. State, 259 Ga. 708, 386 S.E.2d 144 (1989). View Entire Chapter. Smith v. State, 192 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. 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. Evidence supported defendant's conviction for possession of a firearm by a convicted felon as defendant's possession of the victim's handgun and shotgun on the night of the crimes was shown by the victim's direct testimony, rather than by circumstantial evidence, since: (1) the victim testified that two men forced their way into the victim's house, hit the victim in the head with a blunt object, recovered a .380 caliber handgun and a 20-gauge single-barrel shotgun, forced the victim to give them thousands of dollars the victim had hidden in the attic, and then fled; (2) during a consensual search, the police found a .380 caliber handgun hidden in the defendant's bedroom that was identified as the victim's by the victim and that bore the same serial number as the victim's gun; and (3) the victim identified defendant in a photo array and at trial; thus, the evidence authorized the jury to find that the defendant was in actual possession of the handgun and that defendant continued to be in at least constructive possession of the handgun when the handgun was found in defendant's bedroom. An order of restoration of civil rights granted by the State Board of Pardons and Paroles which expressly authorizes an individual to receive, possess, or transport a firearm satisfies the requirements of O.C.G.A. 16-11-129(b)(3). 127, 386 S.E.2d 868 (1989), cert. 3d Art. 3d Art. 94, 576 S.E.2d 71 (2003). WebSec. 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 O.C.G.A. - Defendant's conviction of possession of a firearm by a convicted felon was not precluded by collateral estoppel where defendant was acquitted of two other charges (aggravated assault and possession of a firearm during commission of a crime against a person) arising out of the same incident; the jury could have concluded that defendant had the gun but did not assault or attempt to rob the victim with it. denied, 464 U.S. 1069, 104 S. Ct. 975, 79 L. Ed. 16-5-2, felony murder predicated on possession of a firearm by a convicted felon in violation of O.C.G.A. 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, the trial court properly dismissed the charge. O.C.G.A. Get free summaries of new opinions delivered to your inbox! Evidence was sufficient to sustain the defendant's convictions of two counts of armed robbery under O.C.G.A. 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. Balloon Payments in Chapter 13 Bankruptcy Proceedings, 44 A.L.R. 444, 313 S.E.2d 144 (1984). When a convicted felon is in possession of a sawed-off shotgun, two separate and distinct crimes are being committed, because a prohibited person is in possession of a prohibited weapon. Cited in Robinson v. State, 159 Ga. App. 24-4-6 (see now O.C.G.A. Edvalson v. State, Ga. , S.E.2d (Sept. 28, 2020). 230, 648 S.E.2d 738 (2007). Convictions of murder, aggravated assault, and possession of a firearm by a convicted felon were supported by sufficient evidence showing that while the victim was in the process of buying drugs from a third party, the defendant approached the driver's side of the victim's car, demanded the victim's money, and shot the victim several times, killing the victim and injuring a passenger in the car; the seller of the drugs testified that the seller had observed the defendant carrying a gun, and both the codefendant and another witness identified the defendant as the shooter. 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. Butler v. State, 272 Ga. App. Landers v. State, 250 Ga. 501, 299 S.E.2d 707 (1983). Charles Lewis. 16-11-131 or in refusing to charge sudden emergency, specific intent, or O.C.G.A. Up to $10,000 in fines. 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. Fain v. State, 259 Ga. 708, 386 S.E.2d 144 (1989). Defendant waived defendant's objection to the trial court's consideration of a particular conviction in aggravation of sentencing under the recidivist statute, O.C.G.A. 88; Gray v. State, 254 Ga. App. XIV and U.S. Davis v. State, 325 Ga. App. 16-8-41(a) and possession of a firearm by a convicted felon under O.C.G.A. 172, 523 S.E.2d 31 (1999). 801, 701 S.E.2d 202 (2010). denied, 552 U.S. 833, 128 S. Ct. 60, 169 L. Ed. Roper v. State, 281 Ga. 878, 644 S.E.2d 120 (2007). IV, 1, would not prohibit according defendant's misdemeanor conviction felony status. State v. Santerfeit, 163 Ga. App. 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. 1980 Op. 487, 562 S.E.2d 712 (2002); Reece v. State, 257 Ga. App. denied, 552 U.S. 833, 128 S. Ct. 60, 169 L. Ed. 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.