3d Art. 16-11-131. 16-11-131 was tantamount to a directed verdict, requiring reversal. Ledesma v. State, 251 Ga. 487, 306 S.E.2d 629 (1983), cert. 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. denied, 464 U.S. 1069, 104 S. Ct. 975, 79 L. Ed. - 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. Evidence was sufficient to support defendant's conviction for possession of a firearm by a convicted felon as the conviction was supported by more evidence than just defendant's mere spatial proximity to the gun because: (1) the jury could have inferred that defendant actually lived in the apartment rented by defendant's sister and that the items found in the apartment belonged to defendant; and (2) the gun was found in plain view on the television, which defendant claimed as defendant's own, next to defendant's keys to the apartment. - See Wofford v. State, 262 Ga. App. Construction with O.C.G.A. 86-4. 601, 462 S.E.2d 648 (1995). 16-8-41(a) and possession of a firearm by a convicted felon under O.C.G.A. Any offense occurring before July 1, 2012, shall be governed by the statute in effect at the time of such offense and shall be considered a prior conviction for the purpose of imposing a sentence that provides for a different penalty for a subsequent conviction for the same type of offense, of whatever degree or level, pursuant to this Act.". 6. 735, 691 S.E.2d 626 (2010). McKee v. State, 280 Ga. 755, 632 S.E.2d 636 (2006). - Jury was authorized to find that the disassembled rifle was a firearm within the statutory definition. 3d Art. Had sufficient notice been given, the full faith and credit clause, U.S. Const. 481, 657 S.E.2d 533 (2008), cert. 61, 635 S.E.2d 353 (2006). 197, 626 S.E.2d 169 (2006). 310, 520 S.E.2d 466 (1999). 640, 448 S.E.2d 745 (1994). denied, No. 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. Fed. 105, 817 S.E.2d 557 (2018); Barber v. State, 350 Ga. App. 16-11-131(b). 1983, Art. Alvin v. State, 287 Ga. App. Constructive possession is sufficient to prove a violation. 487, 562 S.E.2d 712 (2002); Reece v. State, 257 Ga. App. Unlawful use or possession of weapons by felons or persons in the custody of the Department of Corrections facilities. U80-32. Jury was authorized to find that guns found in defendant's automobile were actual working firearms since there was no evidence introduced to refute a police officer's testimony that the guns were pistols. 115, 717 S.E.2d 698 (2011). - When officers went to a defendant's residence to conduct a probation search based on a tip that the defendant was involved with drugs, as the defendant willingly led the officers to a concealed gun, and voluntarily furnished a urine sample that tested positive for methamphetamine, the defendant gave valid consent to the search, which eliminated the need for either probable cause or a search warrant under U.S. Fact that weapon was acquired for self-defense or to prevent its use against defendant as defense in prosecution for violation of 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 967. Edmunds v. Cowan, 192 Ga. App. Johnson v. State, 203 Ga. App. 2. Coursey v. State, 196 Ga. App. denied, 552 U.S. 833, 128 S. Ct. 60, 169 L. Ed. 45 (2018). Midura v. State, 183 Ga. App. 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). V (see now Ga. Const. 565, 677 S.E.2d 752 (2009). You can explore additional available newsletters here. 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. 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 21-6304. 280, 390 S.E.2d 425 (1990). 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 143, 444 S.E.2d 115 (1994). 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. Jolly v. State, 183 Ga. App. 3d Art. 734, 783 S.E.2d 133 (2016). 153 (2004). 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. denied, No. Fed. 434, 346 S.E.2d 881 (1986); Hall v. State, 180 Ga. App. O.C.G.A. The District Attorneys Office Section 925" was substituted for "18 U.S.C. O.C.G.A. Johnson v. State, 279 Ga. App. Evidence that handguns belonging to a passenger in a defendant's car, that the handguns were within an arm's reach of the defendant during the commission of felony drug offenses, that the defendant knew that the passenger carried guns for protection while in the drug trade in which the defendant actively participated, and that the defendant was a first offender probationer was sufficient to show that the defendant jointly and constructively possessed the handguns in violation of O.C.G.A. - Trial court's charge that "the fact that a convicted felon obtains a license to carry a pistol is no defense to a charge of being a Convicted Felon in Possession of a Firearm" was correct. 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. 2d 50 (2007). - 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. Warren v. State, 289 Ga. App. 770, 728 S.E.2d 286 (2012). 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. Davis v. State, 325 Ga. App. Harris v. State, 283 Ga. App. 3d Art. Wright v. State, 279 Ga. App. O.C.G.A. What constitutes actual or constructive possession of unregistered or otherwise prohibited firearm in violation of 26 USCS 5861, 133 A.L.R. 2d 213 (1984). - See Murray v. State, 180 Ga. App. 863, 288 S.E.2d 579 (1982); Grant v. State, 163 Ga. App. 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. Fed. Chenoweth v. State, 281 Ga. 7, 635 S.E.2d 730 (2006). Senior v. State, 277 Ga. App. McKie v. State, 345 Ga. App. 165, 661 S.E.2d 226 (2008), cert. 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. 24-4-6 (see now O.C.G.A. Hicks v. State, 287 Ga. App. O.C.G.A. 16-11-129(b)(3). "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. Despite the defendant's contrary contentions, evidence seized via the execution of a valid search warrant, specifically a substantial amount of methamphetamine, a set of scales in a case marked "dope kit inside," a .38 revolver, common tools of the drug trade, written instructions for making pure ephedrine, a loose bag of vitamin B-12 commonly used to dilute methamphetamine, over $2,000 in cash, and evidence that the defendant installed a video surveillance system to monitor the front door and driveway, both a trafficking in methamphetamine and possession of a weapon by a convicted felon conviction were supported by sufficient evidence. Hall v. State, 322 Ga. App. 911, 386 S.E.2d 868 (1989); Black v. State, 261 Ga. 791, 410 S.E.2d 740 (1991), cert. 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. In the Interest of D. B., 341 Ga. App. Malcolm v. State, 263 Ga. 369, 434 S.E.2d 479 (1993). White v. State, 312 Ga. App. 130, 392 S.E.2d 896 (1990). Suluki v. State, 302 Ga. App. 172, 523 S.E.2d 31 (1999). Former Code 1933, 26-2914 (see now O.C.G.A. Porter v. State, 275 Ga. App. 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. Tanksley v. State, 281 Ga. App. IV. 448, 352 S.E.2d 642 (1987). Daogaru v. Brandon, F.3d (11th Cir. 783, 653 S.E.2d 107 (2007). 3d Art. 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). 17-10-7 were valid. - 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. However, the trial court needed to consider whether possession of the firearm before or after the shooting could be prosecuted. 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 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). S08C0978, 2008 Ga. LEXIS 508 (Ga. 2008). 1. - 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. Miller v. State, 283 Ga. 412, 658 S.E.2d 765 (2008). Smallwood v. State, 296 Ga. App. 16-5-2, felony murder predicated on possession of a firearm by a convicted felon in violation of O.C.G.A. 2d 532 (2005). 61, 635 S.E.2d 353 (2006). 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. (a) As used in this Code section, the term: (1) "Felony" means any offense The applicable date is the date of the offense of possession, not the date of the previous felony conviction. 925" in the first sentence of subsection (d). This charge can land you in prison for a long time. Pursuant to Code Section 28-9-5, in 1996, "18 U.S.C. WEAPONS AND FIREARMS. appx. Drummer v. State, 264 Ga. App. denied, 129 S. Ct. 169, 172 L. Ed. - 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. Wyche v. State, 291 Ga. App. Fain v. State, 259 Ga. 708, 386 S.E.2d 144 (1989). Butler v. State, 272 Ga. App. Have you recently been arrested for possession of a firearm in Texas? 627, 636 S.E.2d 779 (2006). You're all set! 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. Warren v. State, 289 Ga. App. - 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. 523(a)(2), 44 A.L.R. 16-11-106, and possession of a firearm by a first offender probationer under O.C.G.A. - 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. O.C.G.A. - It was proper under O.C.G.A. 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. Johnson v. State, 308 Ga. 141, 839 S.E.2d 521 (2020). 215, 522 S.E.2d 506 (1999); Green v. State, 244 Ga. App. Campbell v. State, 279 Ga. App. 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. Felony convictions include: any person who is on felony first denied, No. Chavez v. State, 307 Ga. 804, 837 S.E.2d 766 (2020). 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. 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. 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. 16-11-131(c). - Unauthorized possession of weapon by person confined in penal institution, 42-5-63. According to court Biggers v. State, 162 Ga. App. denied, 190 Ga. App. You can explore additional available newsletters here. A federal jury found a Springfield man guilty last week for knowingly possessing a firearm as a convicted felon after a two-day trial at For annual survey on criminal law, see 70 Mercer L. Rev. Starling v. State, 285 Ga. App. 711, 350 S.E.2d 53 (1986). Whitt v. State, 281 Ga. App. denied, 186 Ga. App.