possession of firearm by convicted felon ocga

580, 305 S.E.2d 29 (1983); Brown v. State, 168 Ga. App. Butler v. State, 272 Ga. App. 3d Art. 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. King v. State, 169 Ga. App. 16-11-131(b). 215, 522 S.E.2d 506 (1999); Green v. State, 244 Ga. App. Harris v. State, 283 Ga. App. Warren v. State, 289 Ga. App. 16-3-21(a) and 16-11-138. 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). 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. Smallwood v. State, 296 Ga. App. 523, 359 S.E.2d 416 (1987). Evidence was sufficient to find the defendant guilty of voluntary manslaughter in violation of O.C.G.A. denied, 464 U.S. 1069, 104 S. Ct. 975, 79 L. Ed. - 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. 744, 566 S.E.2d 450 (2002), overruled in part by Ross v. State, 279 Ga. 365, 614 S.E.2d 31 (2005). O.C.G.A. 135, 395 S.E.2d 574 (1990). 16-11-131 is not an ex post facto law because it creates a new offense and imposes punishment for that offense only. Davis v. State, 280 Ga. 442, 629 S.E.2d 238 (2006). 88; Gray v. State, 254 Ga. App. denied, No. 16-11-129(b)(3). WebIf convicted of Actual Possession of a Firearm by a Convicted Felon, a judge is required to impose a minimum-mandatory sentence of three-years in prison and can also impose any combination of the following penalties: Up to fifteen (15) years in prison. 6 for failure to request a bifurcated trial on felony murder under O.C.G.A. 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. Davis v. State, 287 Ga. App. 16-11-131(b) was found ambiguous and permitted only one prosecution and conviction for the simultaneous possession of multiple firearms. 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. 172, 523 S.E.2d 31 (1999). 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. 24-1.1. Campbell v. State, 279 Ga. App. Murray v. State, 309 Ga. App. 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.". 557, 612 S.E.2d 865 (2005). 313, 744 S.E.2d 833 (2013). Belt v. State, 225 Ga. App. Thompson v. State, 281 Ga. App. Poole v. State, 291 Ga. 848, 734 S.E.2d 1 (2012). Sufficient evidence supported the defendant's convictions of two counts of felony murder under O.C.G.A. 3, 635 S.E.2d 270 (2006). 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. - 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. 434, 346 S.E.2d 881 (1986); Hall v. State, 180 Ga. App. 2d 213 (1984). 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. Brown v. State, 268 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. Mar. 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. 24, 601 S.E.2d 405 (2004). 1. 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. - 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. 16-11-131(b); the crime is committed when one who is currently on probation as a first offender possesses a firearm. I, Para. Edmunds v. Cowan, 192 Ga. App. 291, 585 S.E.2d 207 (2003). 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 2d 122 (2008). Herndon v. State, 277 Ga. App. Ziegler v. State, 270 Ga. App. Coursey v. State, 196 Ga. App. O.C.G.A. Since defendant possessed the firearm in violation of O.C.G.A. 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). Prather v. State, 247 Ga. 789, 279 S.E.2d 697 (1981); Favors v. State, 182 Ga. App. - Defendant's trial counsel could not be ineffective in failing to specifically demur to the charges of possession of a firearm by a convicted felon, and the felony murder based on the same, as it was not necessary for the charge to state what felony formed the basis of the prior conviction. WebThe punishment for possession of a firearm by a convicted felon is significant. Green v. State, 302 Ga. App. - Defendant's counsel's performance was defective for failing to file a motion to suppress a handgun found by police in the defendant's rear waistband because the defendant was in handcuffs, face down on the floor, and could have reasonably believed that the defendant was under arrest. 55, 601 S.E.2d 434 (2004). You're all set! 16-5-21, possession of a firearm during the commission of a felony under O.C.G.A. You can explore additional available newsletters here. 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 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. (a) As used in this Code section, the term: (1) Felony means 1983, Art. 16-11-129(b)(3)). 801, 701 S.E.2d 202 (2010). Sign up for our free summaries and get the latest delivered directly to you. Possession of State v. Santerfeit, 163 Ga. App. 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. Chavez v. State, 307 Ga. 804, 837 S.E.2d 766 (2020). 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. (a) As used in this Code section, the term: (1) "Felony" means any offense - Possession of an antique shotgun while a convicted felon was sufficient to sustain a conviction under O.C.G.A. Stephens v. State, 279 Ga. 43, 609 S.E.2d 344 (2005). Hall v. State, 322 Ga. App. Baker v. State, 214 Ga. App. 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. - Georgia Supreme Court held that the phrase any firearm, as used in O.C.G.A. Att'y Gen. No. .050 Possession of Brooks v. State, 285 Ga. 424, 677 S.E.2d 68 (2009). 61 (2017). - Propriety of using single prior felony conviction as basis for offense of possessing weapon by convicted felon and to enhance sentence, 37 A.L.R.4th 1168. Daogaru v. Brandon, F.3d (11th Cir. 16-3-21(a) and16-11-138 in combination effectively provide this rule of law: A person is justified in threatening or using force against another, or in possessing a weapon in circumstances otherwise prohibited under the Code, when and to the extent that he or she reasonably believes that such threat or force or conduct otherwise prohibited is necessary to defend himself or herself or a third person against such other's imminent use of unlawful force. 310, 520 S.E.2d 466 (1999). 16-5-1, two counts of aggravated assault in violation of 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. Please check official sources. Landers v. State, 250 Ga. 501, 299 S.E.2d 707 (1983). 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. 388, 691 S.E.2d 283 (2010). Because a defendant was a convicted felon in possession of a firearm, a felony under O.C.G.A. Glass v. State, 181 Ga. App. Sufficiency of evidence as to nature of firearm in prosecution under state statute prohibiting persons under indictment for, or convicted of, crime from acquiring, having, carrying, or using firearms, 37 A.L.R.4th 1179. 7, 806 S.E.2d 302 (2017). - Testimony by a ballistics expert proving the operability of the firearm is not required for conviction under O.C.G.A. 16-11-131(b), the defendant was not entitled to a jury instruction on involuntary manslaughter under O.C.G.A. 246, 384 S.E.2d 451 (1989). ATF investigated the case along with Alabama Law Enforcement Agency and several other local law enforcement agencies, which Assistant U.S. Attorney Robert J. Becher, Sr. is prosecuting. State Journal-Register. - Unauthorized possession of weapon by person confined in penal institution, 42-5-63. 16-11-131(b). 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). Head v. State, 170 Ga. App. 896, 418 S.E.2d 155 (1992). 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. denied, 193 Ga. App. Hutchison v. State, 218 Ga. App. 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. Wright v. State, 279 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. - 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. 16-8-41(a) and possession of a firearm by a convicted felon under O.C.G.A. 309, 827 S.E.2d 733 (2019); Caldwell v. State, 355 Ga. App. 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. 16-11-131 as the state was not required to prove that the gun was operational at the time the defendant possessed the gun. Thompson v. State, 168 Ga. App. S08C1413, 2008 Ga. LEXIS 914 (Ga. 2008). Jones v. State, 350 Ga. App. 770, 728 S.E.2d 286 (2012). 16-11-131(c). Simpson v. State, 213 Ga. App. - Proof of previous felony conviction is necessary element of state's proof under O.C.G.A. Under Texas Penal Code 12.33, 46.04, the unlawful possession of a firearm is a third-degree felony with a punishment range of two to ten years for a defendant with 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. Includes enactments through the 2022 Special Session. 734, 783 S.E.2d 133 (2016). 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. denied, 552 U.S. 833, 128 S. Ct. 60, 169 L. Ed. 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. 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. 565, 677 S.E.2d 752 (2009). 601, 462 S.E.2d 648 (1995). Midura v. State, 183 Ga. App. Const., amend. 350, 651 S.E.2d 489 (2007). 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. Malone v. State, 337 Ga. App. 783, 653 S.E.2d 107 (2007). Walker v. State, 281 Ga. 157, 635 S.E.2d 740 (2006), cert. - 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. 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. 17-10-7, when the state had already used that conviction in support of the charge of possession of a firearm by a convicted felon because the defendant failed to object at sentencing to the exhibit containing the conviction. 105, 733 S.E.2d 407 (2012). 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. Web790.23 Felons and delinquents; possession of firearms, ammunition, or electric weapons or devices unlawful.. 852, 350 S.E.2d 835 (1986); Marshall v. State, 193 Ga. App. O.C.G.A. McKee v. State, 280 Ga. 755, 632 S.E.2d 636 (2006). 2d 50 (2007). 734, 310 S.E.2d 725 (1983). 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. 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. Whitt v. State, 281 Ga. App. 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. Cited in Robinson v. State, 159 Ga. App. 115, 717 S.E.2d 698 (2011). Parramore v. State, 277 Ga. App. Peppers v. State, 315 Ga. App. Evidence was sufficient to sustain the defendant's convictions of two counts of armed robbery under O.C.G.A. - 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. 16-11-131. Validity of state gun control legislation under state constitutional provisions securing right to bear arms - convicted felons, 85 A.L.R.6th 641. 492, 379 S.E.2d 199, cert. Unlawful use or possession of weapons by felons or persons in the custody of the Department of Corrections facilities. 4. Web18 U.S. Code 3665 - Firearms possessed by convicted felons. 16-5-1(c) predicated on possession of a firearm by a convicted felon. Driscoll v. State, 295 Ga. App. Layne v. State, 313 Ga. App. Daughtry v. State, 180 Ga. App. KRS Chapter 527. Davis v. State, 325 Ga. App. - CRIMES AGAINST THE PUBLIC SAFETY. Mantooth v. State, 335 Ga. App. According to court Absent a pardon, such an applicant commits a felony under O.C.G.A. 230, 648 S.E.2d 738 (2007). XIV and U.S. The KRS database was last updated on 03/02/2023. 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. This charge can land you in prison for a long time. 627, 636 S.E.2d 779 (2006). 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. - Juvenile court erred by modifying the juvenile's disposition after determining that the disposition was void on the ground that the juvenile's conduct did not qualify as a Class-B felony because carrying a weapon in a school zone qualified as a Class-B designated felony under O.C.G.A. Chenoweth v. State, 281 Ga. 7, 635 S.E.2d 730 (2006). Wells v. State, 281 Ga. 253, 637 S.E.2d 8 (2006). O.C.G.A. State v. Langlands, 276 Ga. 721, 583 S.E.2d 18 (2003). 370, 358 S.E.2d 912 (1987). 290 (2012). - 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. - Prior felony conviction under O.C.G.A. WebPossession of Firearm by a Convicted Felon or First Offender Probationer. Merely having once been sentenced to a term of probation as a first offender is not an element of the crime defined in O.C.G.A. Tiller v. State, 286 Ga. App. State may convict and punish for burglary and for unlawful possession of firearm by a previously convicted felon, when the firearm was taken in the burglary. If you are found in possession of a firearm with the intent to use it unlawfully, Proof of previous felony conviction is necessary element of state's proof under O.C.G.A. 197, 626 S.E.2d 169 (2006). 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. (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 - Convictions for armed robbery, aggravated assault with the intent to rob, possession of a firearm during the commission of a felony, and possession of a firearm by a convicted felon were proper because the defendant's right to a speedy trial was not violated by the 20-month delay between the date the indictment was issued to the date of the defendant's actual trial as the delay was due to a higher priority of statutory speedy trial demands, so it was not a deliberate delay on the part of the state, and as the defendant failed to show any prejudice from the delay. - In a prosecution for violation of O.C.G.A. You can explore additional available newsletters here. S08C0978, 2008 Ga. LEXIS 508 (Ga. 2008). - 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. Up to fifteen (15) years of probation. 847, 368 S.E.2d 771, cert. IV. 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. 2d 532 (2005). Joiner v. State, 163 Ga. App. McTaggart v. State, 285 Ga. App. Ledesma v. State, 251 Ga. 487, 306 S.E.2d 629 (1983), cert. 487, 562 S.E.2d 712 (2002); Reece v. State, 257 Ga. App. The 2017 amendment, effective July 1, 2017, in the middle of subsection (e), inserted "hijacking a" and inserted "in the first degree". 372, 626 S.E.2d 567 (2006). 513, 621 S.E.2d 523 (2005). 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. 3. Evidence was sufficient to show that the defendant constructively possessed three firearms as a convicted felon in violation of O.C.G.A. The same restriction does not apply for long guns like rifles and shotguns. - 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. 608, 722 S.E.2d 351 (2012). 3d Art. Waiver or Loss of Protection of Federal Attorney 'Work Product' Protection for Expert Witnesses Under Fed. 148, 742 S.E.2d 767 (2013); Banks v. State, 329 Ga. App. Warren v. State, 289 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. 481, 657 S.E.2d 533 (2008), cert. - Clear impact of O.C.G.A. 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. 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 2d 50 (2007). I, Sec. Rev. Fed. Constructive possession is sufficient to prove a violation.

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