Balloon Payments in Chapter 13 Bankruptcy Proceedings, 44 A.L.R. 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. Foreign Agents Registration Act of 1938, As Amended (22 U.S.C.A. The evidence authorized the trier of fact to conclude that the defendant used one firearm to shoot the victim and possessed another firearm in the defendant's bedroom. 80-122. Convicted felon's conviction for possession of a shotgun was authorized, even though the shotgun was not in the felon's immediate possession, where the evidence supported a finding that the felon was a party to the crime of burglary and the felon and codefendant were co-conspirators. Head v. State, 170 Ga. App. The law says guns are forbidden for those convicted of crimes that attract prison terms exceeding a year. (1) 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 Davis v. State, 287 Ga. App. 84, 812 S.E.2d 353 (2018), aff'd, 306 Ga. 111, 829 S.E.2d 376 (2019). In Texas, it is illegal for any person convicted of a felony to possess a gun or ammunition. 61, 635 S.E.2d 353 (2006). (a) As used in this Code section, the term: (1) "Felony" means any offense Warren v. State, 289 Ga. App. Clark v. State, 194 Ga. App. Defense counsel was not ineffective under Ga. Const. 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. One crime is not "included" in the other and they do not merge. Landers v. State, 250 Ga. 501, 299 S.E.2d 707 (1983). 742, 627 S.E.2d 448 (2006). Article 63. denied, 552 U.S. 833, 128 S. Ct. 60, 169 L. Ed. In the Interest of D. B., 341 Ga. App. 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. 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. 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). Jones v. State, 282 Ga. 306, 647 S.E.2d 576 (2007). 2. 29, 2017)(Unpublished). Green v. State, 302 Ga. App. Green v. State, 287 Ga. App. 3d Art. 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. Construction and application of state statutes and local ordinances regulating licenses or permits to carry concealed weapons, 12 A.L.R.7th 4. Criminal possession of a firearm 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. You can explore additional available newsletters here. - Proof of previous felony conviction is necessary element of state's proof under O.C.G.A. 17-10-7. Head v. State, 170 Ga. App. Johnson v. State, 203 Ga. App. 16-11-131 or in refusing to charge sudden emergency, specific intent, or O.C.G.A. 16-11-131; because the possession count was a predicate offense for the felony murder count, the prior conviction that was admitted into evidence was relevant to the felony murder count, and it was not necessary to sever the possession count. 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 16-11-131(b). WebThe range of punishment in the county jail is ten dayssix months. If convicted, he faces a sentence of up to 40 years in prison. WebThe punishment for possession of a firearm by a convicted felon is significant. Const., amend. 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). Baker v. State, 214 Ga. App. 299, 630 S.E.2d 774 (2006). - 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 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. Walker v. State, 281 Ga. 157, 635 S.E.2d 740 (2006), cert. denied, No. Smith v. State, 192 Ga. App. 523, 359 S.E.2d 416 (1987). - 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. - Because the defendant had completed a three-year first-offender probationary sentence and had been discharged without court adjudication of guilt pursuant to O.C.G.A. 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. Smallwood v. State, 296 Ga. App. See OCGA 16-11-131 (b). 2016 Statute. 6. I, Sec. O.C.G.A. 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. Ingram v. State, 240 Ga. App. O.C.G.A. 16-11-131 was tantamount to a directed verdict, requiring reversal. - 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. Construction with 16-3-24.2. Fed. 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. 16-11-126(b), and possession of a firearm by a convicted felon, O.C.G.A. 2d 50 (2007). 16-11-131(c). 3d Art. 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. State v. Langlands, 276 Ga. 721, 583 S.E.2d 18 (2003). 24, 601 S.E.2d 405 (2004). 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. 16-3-21(a) and 16-11-138. - 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. 911, 386 S.E.2d 868 (1989); Black v. State, 261 Ga. 791, 410 S.E.2d 740 (1991), cert. Evidence supported a defendant's conviction of possession of a firearm by a convicted felon even though the only evidence presented during the separate guilt/innocence phase on that charge was the certified copy of the defendant's indictment, guilty plea, and sentence for the felony offense of theft by taking; the jury was properly instructed that the jury was authorized to consider the evidence presented in the first guilt/innocence phase of the trial, as well as the evidence presented in the second guilt/innocence phase, in reaching the jury's verdict regarding the charge of possession of a firearm by a convicted felon. Although the trial court might not have been presented with evidence that the defendant was in physical possession of a firearm during the hijacking of the victim's car, because the evidence that was presented authorized a finding that the defendant was a party to that crime, and that all those involved were joint conspirators, the trial court did not err in denying the defendant a new trial on grounds that the indictment charging possession of a firearm during the commission of a felony was at fatal variance with the proof presented at trial. Evidence was sufficient to establish the defendant's constructive possession of a gun because the defendant had access to the gun and had exercised control over the gun and there was evidence to corroborate the defendant's statement to police that the defendant had purchased a gun since the defendant knew where the gun was hidden and the defendant gave police permission to enter the room, indicating the intent to exert control over the room and contents. - Unauthorized possession of weapon by person confined in penal institution, 42-5-63. Ballard v. State, 268 Ga. App. Davis v. State, 280 Ga. 442, 629 S.E.2d 238 (2006). Mantooth v. State, 335 Ga. App. Platt v. State, 291 Ga. 631, 732 S.E.2d 75 (2012). 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. - In a prosecution for violation of O.C.G.A. 324(a), 44 A.L.R. 16-11-131 is a reasonable regulation authorized by the police power and thus is not violative of Ga. Const. State v. Langlands, 276 Ga. 721, 583 S.E.2d 18 (2003). Because conviction of a prior felony is a necessary element of the crime of firearm possession as proscribed by O.C.G.A. IV, 1, would not prohibit according defendant's misdemeanor conviction felony status. this Section, Chapter 11 - Offenses Against Public Order and Safety, Article 4 - Dangerous Instrumentalities and Practices, Part 3 - Carrying and Possession of Firearms. Web790.23 Felons and delinquents; possession of firearms, ammunition, or electric weapons or devices unlawful.. 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. 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. - 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. - 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. 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. 492, 379 S.E.2d 199, cert. 922(g)(3) that Persons Who Are Unlawful Users of or Addicted to Any Controlled Substance Cannot Possess Any Firearm or Ammunition in or Affecting Commerce, 44 A.L.R. Chapter 790. - 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. 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. 379, 494 S.E.2d 100 (1997); Crawford v. State, 233 Ga. App. You already receive all suggested Justia Opinion Summary Newsletters. Absent a pardon, such an applicant commits a felony under O.C.G.A. Martin v. State, 281 Ga. 778, 642 S.E.2d 837 (2007). "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. Smallwood v. State, 166 Ga. App. 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. - Police search of a defendant's bag and person, which produced handguns, cocaine, cash, and other drugs was lawful because the search was made pursuant to the police officers' lawful warrantless arrest of the defendant when the defendant arrived at a motel room exactly answering a detailed description provided by a confidential informant, who stated that the defendant would be carrying a shoulder bag containing drugs and a loaded handgun. - CRIMES AGAINST THE PUBLIC SAFETY. 2d 122 (2008). 513, 621 S.E.2d 523 (2005). 618, 829 S.E.2d 820 (2019). Georgia Code 16-11-131. With regard to a defendant's conviction on two counts of possession of a firearm by a convicted felon, the trial court did not err in denying the defendant's motion for directed verdict based on the defendant's contention that a prior out-of-state conviction was not a felony conviction; given that the defendant was convicted of an offense that carried a maximum punishment of three years in prison, the trier of fact properly concluded that the defendant had been convicted of an offense punishable by imprisonment for a term of one year or more, pursuant to O.C.G.A. 174, 764 S.E.2d 187 (2014); Patterson v. State, 347 Ga. App. Defendant's prior felony conviction for armed robbery is properly admitted where it is the basis for the charge of possession of a firearm by a convicted felon. Evidence supported the defendant's convictions for malice murder, felony murder, aggravated assault, armed robbery, possession of a firearm by a convicted felon, and possession of a firearm during the commission of a crime. - 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. Proof of previous felony conviction is necessary element of state's proof under O.C.G.A. 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. Unlawful Possession of a Firearm by Convicted Felon in Collin County, Texas. Adkins v. State, 164 Ga. App. Fain v. State, 259 Ga. 708, 386 S.E.2d 144 (1989). 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. "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. Jolly v. State, 183 Ga. App. Murray v. State, 309 Ga. App. 370, 358 S.E.2d 912 (1987). Harvey v. State, 344 Ga. App. O.C.G.A. 16-11-129(b)(3). Evidence was sufficient to support defendant's conviction for possession of a firearm by a convicted felon where defendant did not dispute that defendant was a convicted felon, and an officer observed defendant with a firearm. Herndon v. State, 277 Ga. App. 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. Get free summaries of new opinions delivered to your inbox! 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. - O.C.G.A. 15, 443 S.E.2d 662 (1994); Willis v. State, 214 Ga. App. Former Code 1933, 26-2914 (see now O.C.G.A. 16-11-131 any offense with a maximum sentence exceeding 12 months, even those denominated "misdemeanor" by the rendering jurisdiction; section was held partly unconstitutional in that it failed to give sufficient notice as to what out-of-state convictions could be used in support of the charge. This Code section shall not apply to any person who has been pardoned for the felony by the President of the United States, the State Board of Pardons and Paroles, or the person or agency empowered to grant pardons under the constitutions or laws of the several states or of a foreign nation and, by the terms of the pardon, has expressly been authorized to receive, possess, or transport a firearm. 24-1.1. Evidence was sufficient to convict the defendant of burglary, aggravated assault, possession of a firearm during the commission of the aggravated assault, and possession of a firearm by a convicted felon because a house-sitter returned to a residence to discover an intruder inside; the intruder flashed a gun and told the house-sitter that the intruder would shoot the house-sitter; the house-sitter identified the defendant, whom the house-sitter had known for over 20 years, as the intruder; and a back window of the home had been shattered. Major v. State, 280 Ga. 746, 632 S.E.2d 661 (2006). 608, 845 S.E.2d 345 (2020); Marshall v. State, Ga. , S.E.2d (Sept. 8, 2020). 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. Parramore v. State, 277 Ga. App. .020 Carrying concealed deadly weapon. Bogan v. State, 177 Ga. App. 711, 350 S.E.2d 53 (1986). 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. Evidence supported convictions of malice murder, possessing a firearm during the commission of that murder, and possession of a weapon by a convicted felon. 16-11-131 does not limit the number of prior felony convictions that may be considered to establish the offense. What constitutes "constructive possession" of unregistered or otherwise prohibited weapon under state law, 88 A.L.R.5th 121. 163, 290 S.E.2d 159 (1982). 291, 585 S.E.2d 207 (2003). S09C0986, 2009 Ga. LEXIS 341 (Ga. 2009). - See Wofford v. State, 262 Ga. App. 2d 213 (1984). 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. Lawson v. State, 280 Ga. 881, 635 S.E.2d 134 (2006). 1. Quinn v. State, 255 Ga. App. Construction with O.C.G.A. The same restriction does not apply for long guns like rifles and shotguns. You're all set! 611 et seq. - 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. denied, 464 U.S. 1069, 104 S. Ct. 975, 79 L. Ed. 2d 532 (2005). Thomas v. State, 305 Ga. App. Malcolm v. State, 263 Ga. 369, 434 S.E.2d 479 (1993). 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). Had sufficient notice been given, the full faith and credit clause, U.S. Const. - 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. Section 46.04 of the Texas Penal Code specifically states that a person who has been - 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. 135, 395 S.E.2d 574 (1990). Poole v. State, 291 Ga. 848, 734 S.E.2d 1 (2012). Hinton v. State, 297 Ga. App. - Unit of prosecution 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. - Defendant voluntarily consented to police officers searching the defendant's bedroom; moreover, the officers did not threaten defendant into giving defendant's consent merely by telling defendant that they could obtain a warrant based on their earlier seizure of marijuana in another part of the house. - 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. Starling v. State, 285 Ga. App. Fed. 16-11-131(b) if the felon carries a firearm. WebThe law concerning Unlawful Possession of a Firearm is found in Texas Penal Code Section 46.04: (a) A person who has been convicted of a felony commits an offense if he Web16-11-131. Removal of Trustee in Bankruptcy Under 11 U.S.C.A. Att'y Gen. No. IV. Evidence was sufficient to support defendant's conviction for possession of a firearm by a convicted felon under O.C.G.A. 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. Johnson v. State, 308 Ga. 141, 839 S.E.2d 521 (2020). I, Sec. 273, 297 S.E.2d 47 (1982). Section 925" was substituted for "18 U.S.C. Rev. Cade v. State, 351 Ga. App. 0:57. However, the trial court needed to consider whether possession of the firearm before or after the shooting could be prosecuted. 42, 520 S.E.2d 746 (1999); Evans v. State, 240 Ga. App. 16-5-2, felony murder predicated on possession of a firearm by a convicted felon in violation of O.C.G.A. 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. 127, 386 S.E.2d 868 (1989), cert. - Because defendant was found guilty of malice murder, defendant was properly convicted also of a possession count, it being unrelated to malice murder. 608, 722 S.E.2d 351 (2012). 744, 566 S.E.2d 450 (2002), overruled in part by Ross v. State, 279 Ga. 365, 614 S.E.2d 31 (2005). - Prior felony conviction under O.C.G.A. 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. 617, 591 S.E.2d 481 (2003). Williams v. State, 238 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). Belt v. State, 225 Ga. App. 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. Constructive possession is sufficient to prove a violation. Edvalson v. State, Ga. , S.E.2d (Sept. 28, 2020). 16-11-131, and possession of a firearm during the commission of a felony murder in violation of O.C.G.A. 16-5-21, possession of a firearm during the commission of a felony under O.C.G.A. 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. 16-11-131(b) merely based on circumstantial evidence that failed, in violation of former O.C.G.A. 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. 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 580, 305 S.E.2d 29 (1983); Brown v. State, 168 Ga. App. Biggers v. State, 162 Ga. App. - 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.
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