Fed. If convicted, they face up to 10 years in federal prison. Fed. 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. 786, 653 S.E.2d 104 (2007). Thompson v. State, 281 Ga. App. Construction with O.C.G.A. 813, 485 S.E.2d 39 (1997). Unlawful Possession of a Firearm by Convicted Felon in Collin County, Texas. Warren v. State, 289 Ga. App. 896, 418 S.E.2d 155 (1992). - 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. State v. Remy, 308 Ga. 296, 840 S.E.2d 385 (2020). 3d Art. WebGeorgia Code 16-11-131. - 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. 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.". Web790.23 Felons and delinquents; possession of firearms, ammunition, or electric weapons or devices unlawful.. 16-11-131 provides sufficient notice to a person of ordinary intelligence that a conviction by an out-of-state court of a crime, which authorized punishment of up to three years in prison, is a felony conviction for purposes of the statute. - 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. 0:57. I, Sec. .030 Defacing a firearm. 16-11-131(b) because the defendant's bedroom contained two firearms and ammunition for a third gun that was found in a spare bedroom, and a shed the defendant used also contained ammunition for the guns. 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. Rev. 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. Further, because the evidence showed that the defendant committed the burglary in which certain guns were stolen, it followed that the defendant took possession of the guns during the burglary, thus, there was sufficient circumstantial evidence to support the verdict of guilty on the possession of a firearm by a convicted felon charge with regard to the guns found in the bedroom of defendant's parent. 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 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. - 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. - 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. The 2017 amendment, effective July 1, 2017, in the middle of subsection (e), inserted "hijacking a" and inserted "in the first degree". Unlawful use or possession of weapons by felons or persons in the custody of the Department of Corrections facilities. Construction with 16-3-24.2. 2d 50 (2007). 3, 635 S.E.2d 270 (2006). Evidence was sufficient to support defendant's conviction for possession of a firearm by a convicted felon under O.C.G.A. 481, 657 S.E.2d 533 (2008), cert. Because sufficient direct and circumstantial evidence showed that the defendant, a prior felon wielding a weapon, engaged in a fight with the two victims, fatally wounding one and shooting the other in the arm, and thereafter fled from police, the defendant's convictions for involuntary manslaughter, reckless conduct, fleeing and eluding, and possession of a firearm by a convicted felon were upheld on appeal. Smallwood v. State, 296 Ga. App. Tanksley v. State, 281 Ga. App. - O.C.G.A. 6 for failure to request a bifurcated trial on felony murder under O.C.G.A. Malone v. State, 337 Ga. App. 16-11-131(b) and (c) is to implicitly repeal O.C.G.A. O.C.G.A. 16-11-131(c). 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. Sufficient evidence supported convictions of felony murder, armed robbery, aggravated assault, possession of a firearm by a convicted felon, and possession of a firearm in the commission of a felony where, upon pulling into an apartment complex to turn around and ask for directions, the victims were approached by defendant and another man, defendant pulled out a gun and told the victims to "give it up," when one of the victims hesitated, defendant shot the victim, defendant then stole that victim's money and jewelry, and later, the gunshot victim died; the second victim described defendant, who was wearing a specific jersey at the time of the crimes, and two witnesses who knew defendant testified that defendant robbed and shot the victim while wearing that jersey. Scott v. State, 250 Ga. 195, 297 S.E.2d 18 (1982). WebSec. 230, 648 S.E.2d 738 (2007). 16-11-131(b) merely based on circumstantial evidence that failed, in violation of former O.C.G.A. There are nearly 22 million guns owned in the Lone 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. Since defendant possessed the firearm in violation of O.C.G.A. denied, 464 U.S. 1069, 104 S. Ct. 975, 79 L. Ed. 178, 786 S.E.2d 558 (2016). Tanner v. State, 259 Ga. App. 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. WebThe range of punishment in the county jail is ten dayssix months. 16-11-131 does not limit the number of prior felony convictions that may be considered to establish the offense. The KRS database was last updated on 03/02/2023. 801, 701 S.E.2d 202 (2010). Section 925, shall, upon presenting to the Board of Public Safety proof that the relief has been granted and it being established from 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. 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. Mantooth v. State, 335 Ga. App. Removal of Trustee in Bankruptcy Under 11 U.S.C.A. 16-11-131 punishes a discrete crime and subjects a defendant to neither double jeopardy nor multiple prosecutions for the same offense. denied, 464 U.S. 1069, 104 S. Ct. 975, 79 L. Ed. 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. 918, 368 S.E.2d 771 (1988); Spivey v. State, 193 Ga. App. Daogaru v. Brandon, F.3d (11th Cir. 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). Web10.15 (a) Possession Of [A Firearm] [An Electric Weapon or Device] [Ammunition] [Or] [Carrying a Concealed Weapon] by a Person Under the Age of 24 Who Has Been Found Delinquent of an Offense that would be a Felony if Committed by an Adult 790.23 (1) (b) or (1) (d), Fla. Stat. 3. If convicted, he faces a sentence of up to 40 years in prison. Absent a pardon, such an applicant commits a felony under O.C.G.A. 3d Art. Web1 WEAPONS, 724.26 724.26 Possession, receipt, transportation, or dominion and control of firearms, offensiveweapons,andammunitionbyfelonsandothers. 105, 817 S.E.2d 557 (2018); Barber v. State, 350 Ga. App. For article on the 2018 amendment of this Code section, see 35 Ga. St. U.L. Parramore v. State, 277 Ga. App. 233, 303 S.E.2d 773 (1983); Mayweather v. State, 254 Ga. 660, 333 S.E.2d 597 (1985); Hamilton v. State, 179 Ga. App. You're all set! - 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. Herndon v. State, 277 Ga. App. 16-11-131(b), because during an argument with the victims, the defendant shot the victims and threatened to kill the victims. Green v. State, 302 Ga. App. 291, 585 S.E.2d 207 (2003). denied, No. 481, 657 S.E.2d 533 (2008), cert. (a) As used in this Code section, the term: (1) Felony means The issue in Greer v. United States involved 18 USC 922 (g), the federal law prohibiting felons from possessing firearms. - O.C.G.A. - It was proper under O.C.G.A. 15-11-2 and "firearm" included "handguns" under O.C.G.A. 16-5-21(a)(2), possession of a firearm during the commission of a crime, O.C.G.A. In the Interest of D. B., 341 Ga. App. 16-11-126(c), which concerns carrying a concealed weapon. That misdemeanor has been replaced with a new misdemeanor of carrying a weapon without being a lawful weapons carrier (and the same felony of possession of a firearm by a convicted 16-11-131. 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. 580, 305 S.E.2d 29 (1983); Brown v. State, 168 Ga. App. - 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. Simpson v. State, 213 Ga. App. King v. State, 169 Ga. App. 16-5-2, felony murder predicated on possession of a firearm by a convicted felon in violation of O.C.G.A. R. Civ. 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. McKie v. State, 345 Ga. App. 744, 566 S.E.2d 450 (2002), overruled in part by Ross v. State, 279 Ga. 365, 614 S.E.2d 31 (2005). - Pursuant to Code Section 28-9-5, in 1988, "of" was deleted following "Chapter " in subsection (e) (now (f)). - 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. Thomas v. State, 305 Ga. App. 16-11-106(b)(1), carrying a concealed weapon, O.C.G.A. 45 (2018). 16-11-131, defendant was not entitled to the immunity offered by 16-3-24.2 State v. Burks, 285 Ga. 781, 684 S.E.2d 269 (2009). Dawson v. State, 283 Ga. 315, 658 S.E.2d 755 (2008), cert. Nonforcible felon who has been free of restraint or supervision for five years is not eligible to apply for a license to carry firearms unless the felon obtains a pardon within the meaning of O.C.G.A. Bivins v. State, 166 Ga. App. Johnson v. State, 308 Ga. 141, 839 S.E.2d 521 (2020). 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 21-6304. denied, No. 16-11-131(b). - Because the gravamen of the offense of possession of a firearm by a convicted felon is the general receive, possession, or transportation of firearms by convicted felons, rather than the specific quantity of firearms received, possessed, or transported, O.C.G.A. A judgment of conviction for transporting a stolen motor vehicle in interstate or foreign commerce or for committing or This site is protected by reCAPTCHA and the Google, There is a newer version of the Georgia Code, CHAPTER 11 - OFFENSES AGAINST PUBLIC ORDER AND SAFETY, ARTICLE 4 - DANGEROUS INSTRUMENTALITIES AND PRACTICES, PART 3 - CARRYING AND POSSESSION OF FIREARMS. 16-5-3(a), a killing resulting from an unlawful act other than a felony. 127, 386 S.E.2d 868 (1989), cert. IV. 523, 359 S.E.2d 416 (1987). 588, 600 S.E.2d 675 (2004). 61, 635 S.E.2d 353 (2006). For annual survey on criminal law, see 69 Mercer L. Rev. 16-11-131 is not an ex post facto law because it creates a new offense and imposes punishment for that offense only. 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. Under 18 U.S.C. 388, 691 S.E.2d 283 (2010). - For annual survey of criminal law, see 56 Mercer L. Rev. WebWhat happens to the firearm rights of a felon will depend on what charges they faced. 617, 591 S.E.2d 481 (2003). However, the trial court needed to consider whether possession of the firearm before or after the shooting could be prosecuted. Malone v. State, 337 Ga. App. 657, 350 S.E.2d 302 (1986). 16-1-7 and former24-9-20 (see now O.C.G.A. Lawson v. State, 280 Ga. 881, 635 S.E.2d 134 (2006). 105, 650 S.E.2d 767 (2007). See OCGA 16-11-131 (b). 2. 314, 387 S.E.2d 602 (1989); 123 A.L.R. 6. 813, 485 S.E.2d 39 (1997). Get free summaries of new opinions delivered to your inbox! 863, 288 S.E.2d 579 (1982); Grant v. State, 163 Ga. App. 248, 651 S.E.2d 174 (2007). In a prosecution for possession of a firearm by a convicted felon, armed robbery, and possession of a firearm during the commission of a crime, trial of the charges together was not required since defendant made no motion to sever and, in view of the limiting instructions given and the weight of the testimony of the victim and a corroborating witness, proof of a prior conviction did not place defendant's character in issue to such an extent as to affect the verdict on the armed robbery and firearm charges. White v. State, 312 Ga. App. 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. State v. Santerfeit, 163 Ga. App. You already receive all suggested Justia Opinion Summary Newsletters. Constructive possession is sufficient to prove a violation. You're all set! Get free summaries of new opinions delivered to your inbox! 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. Lawson v. State, 280 Ga. 881, 635 S.E.2d 134 (2006). IV, 1, would not prohibit according defendant's misdemeanor conviction felony status. Web18 U.S. Code 3665 - Firearms possessed by convicted felons. 627, 295 S.E.2d 756 (1982). Convictions for possession of a firearm by a convicted felon and possession of a firearm during the commission of a felony did not merge, where one crime was not "included" in the other, and each involved proof of distinct essential elements. 735, 691 S.E.2d 626 (2010). Smith v. State, 192 Ga. App. denied, 192 Ga. App. Ingram v. State, 240 Ga. App. WebThe simple assault statute, OCGA 16-5-20, provides: (a) A person commits the offense of simple assault when he or she either: (1) Attempts to commit a violent injury to the person of another; or (2) Commits an act which places another in reasonable apprehension of immediately receiving a violent injury. 559, 802 S.E.2d 19 (2017). Former Code 1933, 26-2914 (see now O.C.G.A. Georgia may have more current or accurate information. 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. Defense counsel was not ineffective under Ga. Const. 323, 504 S.E.2d 19 (1998); Adams v. State, 239 Ga. App. XIV and U.S. 16-11-131. 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. 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. 374, 641 S.E.2d 619 (2007). 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. KRS Chapter 527. - Trial court erred in admitting into evidence over objection a fingerprint card taken following a felony arrest of defendant for violation of, inter alia, O.C.G.A. denied, No. The range of fine is $50$500. 537, 309 S.E.2d 683 (1983). Poole v. State, 291 Ga. 848, 734 S.E.2d 1 (2012). 16-11-131. - O.C.G.A. 421, 718 S.E.2d 335 (2011). 42-8-62 at the time the defendant allegedly violated O.C.G.A. WebPossession of a Firearm During the Commission of a Crime is a very serious felony in Georgia. 16-5-2(a), aggravated assault, O.C.G.A. What amounts to "control" under state statute making it illegal for felon to have possession or control of firearm or other dangerous weapon, 66 A.L.R.4th 1240. 178, 645 S.E.2d 658 (2007). For article on the 2016 amendment of this Code section, see 33 Ga. St. U.L. 76, 635 S.E.2d 380 (2006). 350, 651 S.E.2d 489 (2007). 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 "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. Possession of firearms by convicted felons and first offender probationers. Belt v. State, 225 Ga. App. 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. 697, 536 S.E.2d 565 (2000); Scott v. State, 276 Ga. 195, 576 S.E.2d 860 (2003); Laster v. State, 276 Ga. 645, 581 S.E.2d 522 (2003). denied, 464 U.S. 1069, 104 S. Ct. 975, 79 L. Ed. Evidence supported convictions of malice murder, possessing a firearm during the commission of that murder, and possession of a weapon by a convicted felon. 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. 165, 661 S.E.2d 226 (2008), cert. Quinn v. State, 255 Ga. App. 16-5-21, possession of a firearm by a convicted felon in violation of O.C.G.A. 246, 384 S.E.2d 451 (1989). 17-10-7 were valid. 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. S08C0978, 2008 Ga. LEXIS 508 (Ga. 2008). - Possession of an antique shotgun while a convicted felon was sufficient to sustain a conviction under O.C.G.A. 637, 832 S.E.2d 453 (2019). 7, 806 S.E.2d 302 (2017). - 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. Martin v. State, 281 Ga. 778, 642 S.E.2d 837 (2007). Please check official sources. Finley v. State, 286 Ga. 47, 685 S.E.2d 258 (2009). 370, 358 S.E.2d 912 (1987). Hall v. State, 322 Ga. App. Proof of previous felony conviction is necessary element of state's proof under O.C.G.A. Johnson v. State, 203 Ga. App. Validity of state gun control legislation under state constitutional provisions securing right to bear arms - convicted felons, 85 A.L.R.6th 641. 16, 673 S.E.2d 537 (2009), cert. 16-5-1(c) predicated on possession of a firearm by a convicted felon. 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. 16-3-21 and16-11-138, then it could not be said that the defendant was committing a felony when the defendant shot the victim, and the preclusive bar of 16-3-21(b)(2) would not apply. - 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; 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. In the defendant's murder trial, trial counsel was not ineffective for failing to specially demur to the counts in the defendant's indictment charging possession of a firearm by a convicted felon and felony murder predicated on that crime because neither count specified the felony of which the defendant was previously convicted; although it was required that the state prove a felony, it was not required that the felony be listed in the indictment. 1976, Art. Waiver or Loss of Protection of Federal Attorney 'Work Product' Protection for Expert Witnesses Under Fed. 29, 2017)(Unpublished). 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. Stephens v. State, 279 Ga. 43, 609 S.E.2d 344 (2005). 280, 390 S.E.2d 425 (1990). Whitt v. State, 281 Ga. App. 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). 197, 626 S.E.2d 169 (2006). S09C0986, 2009 Ga. LEXIS 341 (Ga. 2009). Ziegler v. State, 270 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. Fed. 16-11-131. denied, 129 S. Ct. 169, 172 L. Ed. - Firearms found in the defendant's girlfriend's room, occupied by the defendant and defendant's girlfriend at the time of arrest, were properly admitted as being relevant to prove the necessary elements of O.C.G.A. 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. 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. Broner v. State, 284 Ga. 402, 667 S.E.2d 613 (2008). What constitutes actual or constructive possession of unregistered or otherwise prohibited firearm in violation of 26 USCS 5861, 133 A.L.R. Fed. 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.
possession of firearm by convicted felon ocga