possession of firearm by convicted felon ocga

Count of possession of firearm by convicted felon does not merge with related armed robbery charge. 434, 346 S.E.2d 881 (1986); Hall v. State, 180 Ga. App. 783, 653 S.E.2d 107 (2007). 63 (2018). Convicted Felon Charged 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. The law says guns are forbidden for those convicted of crimes that attract prison terms exceeding a year. You're all set! 16-11-131 merged with the defendant's conviction of felony murder under O.C.G.A. 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. 323, 504 S.E.2d 19 (1998); Adams v. State, 239 Ga. App. 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. 350, 651 S.E.2d 489 (2007). 3d Art. Broner v. State, 284 Ga. 402, 667 S.E.2d 613 (2008). O.C.G.A. 627, 295 S.E.2d 756 (1982). Firearm Possession Thompson v. State, 168 Ga. App. Warren v. State, 289 Ga. App. Georgia Code 16-11-131. An individual accused of robbery takes property belonging to another with the intent to deprive the owner of their possession. 2d 532 (2005). 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. 16-11-131 is a reasonable regulation authorized by the police power and thus is not violative of Ga. Const. 94, 576 S.E.2d 71 (2003). denied, 464 U.S. 1069, 104 S. Ct. 975, 79 L. Ed. 16-11-131 as the state was not required to prove that the gun was operational at the time the defendant possessed the gun. (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 Varner v. State, 306 Ga. 726, 832 S.E.2d 792 (2019). Scott v. State, 250 Ga. 195, 297 S.E.2d 18 (1982). Up to $10,000 in fines. Platt v. State, 291 Ga. 631, 732 S.E.2d 75 (2012). I, Para. - 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. 16-11-126(c), which concerns carrying a concealed weapon. 2d 50 (2007). 246, 384 S.E.2d 451 (1989). Rev. 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. 16-11-131, because in determining whether a sentence is a felony, the established consideration is what sentence can be imposed under the law, not what was imposed. 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 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. Warren v. State, 289 Ga. App. According to court 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. Senior v. State, 277 Ga. App. 801, 701 S.E.2d 202 (2010). 0:02. XIV and U.S. The good news is that you have options. 153 (2004). 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). - 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. 10, 424 S.E.2d 310 (1992). Smith v. State, 192 Ga. App. 608, 722 S.E.2d 351 (2012). Mar. S08C0978, 2008 Ga. LEXIS 508 (Ga. 2008). 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. Suluki v. State, 302 Ga. App. Because conviction of a prior felony is a necessary element of the crime of firearm possession as proscribed by O.C.G.A. The District Attorneys Office 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. 0:57. I, Sec. 15, 443 S.E.2d 662 (1994); Willis v. State, 214 Ga. App. 130, 392 S.E.2d 896 (1990). denied, No. 3d Art. 16-11-131. However, because the defendant possessed all six of the long guns simultaneously, those six counts of possession of a firearm by a convicted felon involving the long guns merged for purposes of sentencing. P. 26(b)(3), 44 A.L.R. Georgia Code 16-11-131 (2020) - Possession of 657, 350 S.E.2d 302 (1986). U80-32. Clark v. State, 194 Ga. App. 2. 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. 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. 637, 832 S.E.2d 453 (2019). 16-5-2(a), aggravated assault, O.C.G.A. 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. Mantooth v. State, 335 Ga. App. - 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. 60, 653 S.E.2d 361 (2007); Hyman v. State, 320 Ga. App. 174, 764 S.E.2d 187 (2014); Patterson v. State, 347 Ga. App. S08C1413, 2008 Ga. LEXIS 914 (Ga. 2008). Davis v. State, 280 Ga. 442, 629 S.E.2d 238 (2006). Ingram v. State, 240 Ga. App. 742, 627 S.E.2d 448 (2006). 310, 520 S.E.2d 466 (1999). If you are convicted, you will face up to 10 years in Brown v. State, 268 Ga. App. 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. Southern District of Georgia | Drug trafficking indictments bring - Testimony by a ballistics expert proving the operability of the firearm is not required for conviction under O.C.G.A. Head v. State, 170 Ga. App. Wyche v. State, 291 Ga. App. O.C.G.A. Get free summaries of new opinions delivered to your inbox! Evidence was sufficient to find the defendant guilty of voluntary manslaughter in violation of O.C.G.A. The evidence at trial on the malice murder and possession of a firearm during the commission of a crime charges was sufficient and was incorporated by reference into the trial on the firearm count. - O.C.G.A. S10P1859, 2011 Ga. LEXIS 267 (Ga. 2011). 492, 379 S.E.2d 199, cert. denied, No. Joint trial and use of evidence concerning offense of having been convicted of a felony and thereafter being in possession of a firearm during the trial and deliberation as to counts for armed robbery and possession of the sawed-off shotgun did not prejudice defendant's right to a fair trial by denial of due process and equal protection of the law. 148, 742 S.E.2d 767 (2013); Banks v. State, 329 Ga. App. 16-11-131(b). 1980 Op. Defendant was not convicted of possession of a firearm by a convicted felon under O.C.G.A. McKie v. State, 345 Ga. App. McTaggart v. State, 285 Ga. App. White v. State, 312 Ga. App. Edvalson v. State, Ga. , S.E.2d (Sept. 28, 2020). 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. A person who has been convicted of a felony, but who has been granted relief from the disabilities imposed by the laws of the United States with respect to the acquisition, receipt, transfer, shipment, or possession of firearms by the secretary of the United States Department of the Treasury pursuant to 18 U.S.C. Application of National Environmental Policy Act (NEPA) Antisegmentation Principle to Dredge or Fill Projects, 45 A.L.R. S08C0978, 2008 Ga. LEXIS 508 (Ga. 2008). 2d 74 (1992); Holcomb v. State, 231 Ga. App. 474, 646 S.E.2d 695 (2007). Ledesma v. State, 251 Ga. 487, 306 S.E.2d 629 (1983), cert. 16-11-131. 18.2-308.2 ROCHESTER, Minn. A Rochester man is set to stand trial for illegal gun possession. 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. 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. 16-3-24.2. - Prior felony conviction under O.C.G.A. 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. A record that the relief has been granted by the board shall be entered upon the criminal history of the person maintained by the Georgia Crime Information Center and the board shall maintain a list of the names of such persons which shall be open for public inspection. Kentucky Herndon v. State, 277 Ga. App. Georgia Code 16-11-131. Possession of firearms by 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. 61, 635 S.E.2d 353 (2006). 16-11-131 cannot also be used to punish a defendant as a repeat offender under O.C.G.A. 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. View Entire Chapter. .010 Definitions for chapter. 1. 479, 448 S.E.2d 223 (1994); Boone v. State, 229 Ga. App. - Unit of prosecution under O.C.G.A. Davis v. State, 287 Ga. App. Coursey v. State, 196 Ga. App. 618, 829 S.E.2d 820 (2019). 301, 460 S.E.2d 871 (1995). Smallwood v. State, 166 Ga. App. 896, 418 S.E.2d 155 (1992). - Pursuant to Code Section 28-9-5, in 1988, "of" was deleted following "Chapter " in subsection (e) (now (f)). O.C.G.A. - 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. Balloon Payments in Chapter 13 Bankruptcy Proceedings, 44 A.L.R. Under 18 U.S.C. Had sufficient notice been given, the full faith and credit clause, U.S. Const. 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. 925" in the first sentence of subsection (d). 16-11-131(b), because during an argument with the victims, the defendant shot the victims and threatened to kill the victims. Possession of Firearm by a Convicted Felon or First 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. - Jury was authorized to find that the disassembled rifle was a firearm within the statutory definition. 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 608, 845 S.E.2d 345 (2020); Marshall v. State, Ga. , S.E.2d (Sept. 8, 2020). State v. Remy, 308 Ga. 296, 840 S.E.2d 385 (2020). 3d Art. Peppers v. State, 315 Ga. App. 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. Can A Convicted Felon Own Or Possess A Firearm In Texas? 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. 324(a), 44 A.L.R. 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. 521, 295 S.E.2d 219 (1982). Walker v. State, 281 Ga. 157, 635 S.E.2d 740 (2006), cert. In Texas, it is illegal for any person convicted of a felony to possess a gun or ammunition. 313, 744 S.E.2d 833 (2013). Sufficient evidence supported the defendant's convictions of two counts of felony murder under O.C.G.A. WebThe punishment for possession of a firearm by a convicted felon is significant. Springfield, Illinois, Man Convicted of Possession of Firearm by 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. Possession of a Firearm during the Commission of 770, 728 S.E.2d 286 (2012). Wright v. State, 279 Ga. App. 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). Defense counsel was not ineffective under Ga. Const. Martin v. State, 306 Ga. 538, 832 S.E.2d 402 (2019). Ziegler v. State, 270 Ga. App. Trial court did not err in denying the defendant's motion to bifurcate and separately try the count for being a felon in possession of a firearm because bifurcation was not authorized when the charge of being a felon in possession served as the underlying felony for felony murder. 16-11-131 does not limit the number of prior felony convictions that may be considered to establish the offense. 290 (2012). WebPossession of Firearm by a Convicted Felon or First Offender Probationer. Brooks v. State, 285 Ga. 424, 677 S.E.2d 68 (2009). (b.1)Any person who is prohibited by this Code section from possessing a firearm because of conviction of a forcible felony or because of being on probation as a first offender or under conditional discharge for a forcible felony and who attempts to purchase or obtain transfer of a firearm shall be guilty of a felony and upon conviction shall be punished by imprisonment for not less than one year nor more than five years; provided, however, that upon a second or subsequent conviction, such person shall be punished by imprisonment for not less than five nor more than ten years. For article on the 2017 amendment of this Code section, see 34 Ga. St. U.L. 787, 608 S.E.2d 230 (2004), cert. 73 (2017). Williams v. State, 238 Ga. App. Starling v. State, 285 Ga. App. 248, 651 S.E.2d 174 (2007). 314, 387 S.E.2d 602 (1989); 123 A.L.R. Midura v. State, 183 Ga. App. - Because no exigency existed to justify a search after the defendant was handcuffed and placed under the watchful eye of a police officer, and even assuming that the defendant was under arrest while being detained in the kitchen, a search of the defendant's bedroom, which yielded a shotgun found under the bed in the bedroom, a box of unspent shotgun shells, and some loose unspent shotgun shells, was not one incident to an arrest; thus, the defendant's possession of a firearm while a convicted felon conviction was reversed, and the case was remanded for a new trial in which the illegally-obtained evidence could not be introduced. Coates v. State, 304 Ga. 329, 818 S.E.2d 622 (2018). Jones v. State, 282 Ga. 306, 647 S.E.2d 576 (2007). VIII). Miller v. State, 283 Ga. 412, 658 S.E.2d 765 (2008). 421, 718 S.E.2d 335 (2011). 786, 653 S.E.2d 104 (2007). Construction with O.C.G.A. KRS Chapter 527. Att'y Gen. No. denied, No. Strawder v. State, 207 Ga. App. .020 Carrying concealed deadly weapon. - Trial court's charge that "the fact that a convicted felon obtains a license to carry a pistol is no defense to a charge of being a Convicted Felon in Possession of a Firearm" was correct. - In a prosecution for violation of O.C.G.A. The same restriction does not apply for long guns like rifles and shotguns. Possession of Haggins v. State, 277 Ga. App. 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. Charles Randy Payton Lewis, 29, was arrested in September 2022 and 18 U.S. Code 3665 - Firearms possessed by convicted Smallwood v. State, 296 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. 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. 734, 783 S.E.2d 133 (2016). Defendant's conviction of possession of a firearm by a convicted felon was proper because the act of any one of the conspirators involved was the act of all, and because the defendant's co-conspirator possessed a weapon, it followed that the defendant was in constructive possession of the weapon. - 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. Parramore v. State, 277 Ga. App. .050 Possession of Adoption, Rejection, and Use of "Receipt of Benefits" Test Under 11 U.S.C.A. - See Wofford v. State, 262 Ga. App. - O.C.G.A. 16, 673 S.E.2d 537 (2009), cert. Web790.23 Felons and delinquents; possession of firearms, ammunition, or electric weapons or devices unlawful.. Possession of firearms by convicted felons and first offender probationers. 640, 448 S.E.2d 745 (1994). Fed. - 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. Bivins v. State, 166 Ga. App. Fed. Brooks v. State Fain v. State, 259 Ga. 708, 386 S.E.2d 144 (1989). Green v. State, 302 Ga. App. 565, 677 S.E.2d 752 (2009). 17-10-7 were valid. Daogaru v. Brandon, F.3d (11th Cir. Malcolm v. State, 263 Ga. 369, 434 S.E.2d 479 (1993). Smith v. State, 180 Ga. App. 197, 626 S.E.2d 169 (2006). - 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. Layne v. State, 313 Ga. App. Evidence that defendant kept guns in storage in safes immediately after defendant was released from prison on parole after defendant's convictions for aggravated assault and firing a gun at another was sufficient to show that defendant was guilty of possession of a firearm by a first offender probationer. 280, 390 S.E.2d 425 (1990). R. Civ. 16-11-131, the failure to correctly list a conviction as forgery in the first degree, instead of forgery, did not result in a variance between the indictment and proof offered at the trial so as to affect defendant's substantial rights. You can explore additional available newsletters here. 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. Johnson v. State, 308 Ga. 141, 839 S.E.2d 521 (2020). 16-5-1 and on possession of a firearm by a convicted felon in violation of O.C.G.A. Possession of firearm by convicted felon 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. 16-11-131(b). 16-5-3(a), a killing resulting from an unlawful act other than a felony. 813, 485 S.E.2d 39 (1997). 115, 717 S.E.2d 698 (2011). 42-8-62 at the time the defendant allegedly violated O.C.G.A. 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.

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