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. Brantley v. State, 272 Ga. 892, 536 S.E.2d 509 (2000). 374, 626 S.E.2d 579 (2006). 16-11-131(c) mandating the granting of a pardon. 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. 1980 Op. denied, 546 U.S. 1019, 126 S. Ct. 656, 163 L. Ed. Evidence was sufficient to show that the defendant constructively possessed three firearms as a convicted felon in violation of O.C.G.A. 94, 576 S.E.2d 71 (2003). 744, 566 S.E.2d 450 (2002), overruled in part by Ross v. State, 279 Ga. 365, 614 S.E.2d 31 (2005). Stephens v. State, 279 Ga. 43, 609 S.E.2d 344 (2005). 1983, Art. 16-11-131(c). 178, 645 S.E.2d 658 (2007). 29, 2017)(Unpublished). 115, 717 S.E.2d 698 (2011). Tanner v. State, 259 Ga. App. 61, 635 S.E.2d 353 (2006). 143, 444 S.E.2d 115 (1994). - 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. 127, 386 S.E.2d 868 (1989), cert. 742, 627 S.E.2d 448 (2006). Any person sentenced as a first offender pursuant to Article 3 of Chapter 8 of Title 42 or sentenced pursuant to subsection (a) or (c) of Code Section 16-13-2 and subsequently discharged without court adjudication of guilt as a matter of law pursuant to Code Section 42-8-60 or 16-13-2, as applicable, shall, upon such discharge, be relieved from the disabilities imposed by this Code section. Baker v. State, 214 Ga. App. 24-4-6 (see now O.C.G.A. - 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. 16-11-131 is not an ex post facto law. Belt v. State, 225 Ga. App. Joiner v. State, 163 Ga. App. 618, 829 S.E.2d 820 (2019). - 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. Absent a pardon, such an applicant commits a felony under O.C.G.A. P. 26(b)(3), 44 A.L.R. Head v. State, 170 Ga. App. 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. 16-5-1, armed robbery under O.C.G.A. 565, 677 S.E.2d 752 (2009). Jones v. State, 282 Ga. 306, 647 S.E.2d 576 (2007). 3, 635 S.E.2d 270 (2006). 388, 691 S.E.2d 283 (2010). 299, 630 S.E.2d 774 (2006). S10P1859, 2011 Ga. LEXIS 267 (Ga. 2011). Fed. 637, 832 S.E.2d 453 (2019). 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 783, 653 S.E.2d 107 (2007). 5. This site is protected by reCAPTCHA and the Google, There is a newer version 296, 283 S.E.2d 356 (1981); Rothfuss v. State, 160 Ga. App. IV. 3d Art. Chavez v. State, 307 Ga. 804, 837 S.E.2d 766 (2020). 16-5-21(a)(2), possession of a firearm during the commission of a crime, O.C.G.A. 16-11-131(b) and (c) is to implicitly repeal O.C.G.A. Varner v. State, 306 Ga. 726, 832 S.E.2d 792 (2019). 16-11-131, since the violation of that statute was an other crime not shown to be connected with the one on trial, served no useful or relevant purpose, placed the defendant's character in evidence, and was prejudicial to the defendant. 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. .040 Possession of firearm by convicted felon -- Exceptions -- Applicability to youthful offenders. You're all set! 2d 213 (1984). 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. Davis v. State, 280 Ga. 442, 629 S.E.2d 238 (2006). appx. Bryant v. State, 169 Ga. App. 370, 358 S.E.2d 912 (1987). Malone v. State, 337 Ga. App. 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. Possession of Firearm During Commission of or Attempt to Commit Certain Crimes. Wright v. State, 279 Ga. App. - Evidence that the defendant was in possession of a handgun "around the time of the shooting" was relevant and material to a charge of possession of a weapon by a convicted felon. 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. 76, 635 S.E.2d 380 (2006). 2d 532 (2005). Sign up for our free summaries and get the latest delivered directly to you. 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. 3d Art. Rev. 210, 348 S.E.2d 736 (1986); Dickerson v. State, 180 Ga. App. 790.23 There was sufficient evidence to support a defendant's convictions of malice murder, felony murder, armed robbery, aggravated assault, attempted burglary, and possession of a firearm by a convicted felon; in addition to testimony by a codefendant and eyewitness testimony by the victim's spouse, the victim's blood was on the defendant's clothes, the defendant had the victim's keys, and the knife used to kill the victim and a pistol were discovered near the site of the defendant's arrest in some woods near the scene of the crime. Belt v. State, 225 Ga. App. 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. Davis v. State, 287 Ga. App. Unlawful use or possession of weapons by felons or persons in the custody of the Department of Corrections facilities. this Section, Chapter 11 - Offenses Against Public Order and Safety, Article 4 - Dangerous Instrumentalities and Practices, Part 3 - Carrying and Possession of Firearms. Johnson v. State, 308 Ga. 141, 839 S.E.2d 521 (2020). 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. Application of National Environmental Policy Act (NEPA) Antisegmentation Principle to Dredge or Fill Projects, 45 A.L.R. One crime is not "included" in the other and they do not merge. Daogaru v. Brandon, F.3d (11th Cir. 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. Edmunds v. Cowan, 192 Ga. App. 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. Fact that gun was broken, dismantled, or inoperable as affecting criminal responsibility under weapons statute, 81 A.L.R.4th 745. - Proof of previous felony conviction is necessary element of state's proof under O.C.G.A. Ledesma v. State, 251 Ga. 487, 306 S.E.2d 629 (1983), cert. 248, 651 S.E.2d 174 (2007). 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. 73 (2017). 580, 305 S.E.2d 29 (1983); Brown v. State, 168 Ga. App. 16-11-131. 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. 163, 290 S.E.2d 159 (1982). Walker v. State, 281 Ga. 157, 635 S.E.2d 740 (2006), cert. - 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. - 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. 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 - Conviction for possession of a firearm by a convicted felon could not stand because the same prior conviction could not support both recidivist sentencing and a conviction of possession of a firearm by a convicted felon, and also a nolo contendere plea could not serve as proof of a prior conviction for a charge of possession of a firearm by a convicted felon; the prior conviction remained available to support enhanced sentencing as a recidivist, however. 608, 722 S.E.2d 351 (2012). 17-10-7(a). Thompson v. State, 168 Ga. App. Up to $10,000 in fines. 350, 651 S.E.2d 489 (2007). For article on the 2018 amendment of this Code section, see 35 Ga. St. U.L. (a) As used in this Code section, the term: (1) "Felony" means any offense 787, 608 S.E.2d 230 (2004), cert. 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. State v. Remy, 308 Ga. 296, 840 S.E.2d 385 (2020). denied, No. Parramore v. State, 277 Ga. App. - 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. 614, 340 S.E.2d 256 (1986). I, Para. I, Sec. 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. 165, 661 S.E.2d 226 (2008), cert. The range of fine is $50$500. If convicted, they face up to 10 years in federal prison. 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. 16-11-131 is a reasonable regulation authorized by the police power and thus is not violative of Ga. Const. Scott v. State, 190 Ga. App. Evidence was sufficient to sustain the defendant's convictions of two counts of armed robbery under O.C.G.A. 10.16 Using a Firearm While under the Influence 790.151, Fla. Stat. Johnson v. State, 282 Ga. 235, 647 S.E.2d 48 (2007). 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. denied, 129 S. Ct. 169, 172 L. Ed. 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). 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. No error found in court's charging the language of O.C.G.A. Const., amend. 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. 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. O.C.G.A. 481, 657 S.E.2d 533 (2008), cert. 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. 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. - 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. 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. - 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. 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. 60, 653 S.E.2d 361 (2007); Hyman v. State, 320 Ga. App. You already receive all suggested Justia Opinion Summary Newsletters. The issue in Greer v. United States involved 18 USC 922 (g), the federal law prohibiting felons from possessing firearms. 16-11-131(b) merely based on circumstantial evidence that failed, in violation of former O.C.G.A. You're all set! 16-11-131(a), defining a felony for purposes of the charge of possession of a firearm by a convicted felon, creates an ambiguity in that a person of ordinary intelligence could fail to appreciate that the definition was meant to look past the treatment given a criminal offense by an out-of-state jurisdiction and encompass within the ambit of 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. 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. 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. 448, 352 S.E.2d 642 (1987). Despite the trial court's abuse of discretion in rejecting the defendant's offer to stipulate to a prior conviction for aggravated child molestation, that error was harmless as it was undisputed that the defendant was a convicted felon, admitted to possessing the firearm, and failed to give any justification for possession or offer any evidence of a legal reason to do so. .050 Possession of Campbell v. State, 279 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. denied, 464 U.S. 1069, 104 S. Ct. 975, 79 L. Ed. 16-11-129(b)(3). 16-11-131 punishes a discrete crime and subjects a defendant to neither double jeopardy nor multiple prosecutions for the same offense. Possession of The law says guns are forbidden for those convicted of crimes that attract prison terms exceeding a year. 513, 621 S.E.2d 523 (2005). "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. 16-11-131(b). - 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. CRIMES. State Journal-Register. 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. 309, 827 S.E.2d 733 (2019); Caldwell v. State, 355 Ga. App. The 2017 amendment, effective July 1, 2017, in the middle of subsection (e), inserted "hijacking a" and inserted "in the first degree". 786, 653 S.E.2d 104 (2007). 899, 379 S.E.2d 199 (1989); Clark v. State, 206 Ga. App. 640, 448 S.E.2d 745 (1994). .010 Definitions for chapter. Waiver or Loss of Protection of Federal Attorney 'Work Product' Protection for Expert Witnesses Under Fed. 16-11-131(b). denied, 129 S. Ct. 481, 172 L. Ed. Because conviction of a prior felony is a necessary element of the crime of firearm possession as proscribed by O.C.G.A. 290 (2012). I, Sec. Warren v. State, 289 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. Walker v. State, 281 Ga. 157, 635 S.E.2d 740 (2006), cert. - See Murray v. State, 180 Ga. App. 16-11-131, and introduction of evidence of previous conviction during trial of issue of guilt was not error. (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.). Porter v. State, 275 Ga. App. Web16-11-131. 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. Mar. 711, 350 S.E.2d 53 (1986). 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. WebThe range of punishment in the county jail is ten dayssix months. The US Supreme Court on Monday limited new trials for felons convicted for being in possession of a firearm, limiting the retroactive application of its 2019 decision Rehaif v. United States. Proscription of 18 U.S.C.A. .030 Defacing a firearm. 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. Since the defendant's first-offender probation expired prior to the date on which the defendant was alleged to have possessed a firearm and the state presented no evidence that the defendant possessed a firearm during the term of probation and prior to the defendant's discharge, the defendant's conviction for possession of a firearm by a first-offender probationer had to be reversed. 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. 17-10-7. 1. 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. 16-11-131, which prohibits possession of a firearm by a convicted felon. 734, 783 S.E.2d 133 (2016). 347. According to court 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. 139 (2016). 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. Davis v. State, 325 Ga. App. 16-11-131, the trial court properly dismissed the charge. Jones v. State, 350 Ga. App. Evidence supported the defendants' convictions of malice murder and possession of a firearm by a convicted felon. Hinton v. State, 297 Ga. App. 627, 295 S.E.2d 756 (1982). 16-11-131(b). 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. Warren v. State, 289 Ga. App. 24, 601 S.E.2d 405 (2004). Those convicted of federal crimes face the worst trouble. 42, 520 S.E.2d 746 (1999); Evans v. State, 240 Ga. App. Construction with 16-3-24.2. Fed. 521, 295 S.E.2d 219 (1982). denied, No. Because a defendant was a convicted felon in possession of a firearm, a felony under O.C.G.A. Jury was authorized to find the defendant guilty of voluntary manslaughter, O.C.G.A. Wyche v. State, 291 Ga. App. Smith v. State, 192 Ga. App. An individual accused of robbery takes property belonging to another with the intent to deprive the owner of their possession. Butler v. State, 272 Ga. App. If you are convicted, you will face up to 10 years in 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. As used in this Code section, the term "forcible felony" means any felony which involves the use or threat of physical force or violence against any person and further includes, without limitation, murder; murder in the second degree; burglary in any degree; robbery; armed robbery; home invasion in any degree; kidnapping; hijacking of an aircraft or hijacking a motor vehicle in the first degree; aggravated stalking; rape; aggravated child molestation; aggravated sexual battery; arson in the first degree; the manufacturing, transporting, distribution, or possession of explosives with intent to kill, injure, or intimidate individuals or destroy a public building; terroristic threats; or acts of treason or insurrection.
