2020 Georgia Code
Title 16 - Crimes and Offenses
Chapter 11 - Offenses Against Public Order and Safety
Article 4 - Dangerous Instrumentalities and Practices
Part 2 - Possession of Dangerous Weapons
§ 16-11-125. Burden of Proof as to Exemptions

Universal Citation: GA Code § 16-11-125 (2020)

In any complaint, accusation, or indictment and in any action or proceeding brought for the enforcement of this part it shall not be necessary to negative any exception, excuse, proviso, or exemption contained in this part, and the burden of proof of any such exception, excuse, proviso, or exemption shall be upon the defendant.

(Ga. L. 1968, p. 983, § 6.)

RESEARCH REFERENCES

ALR.

- Instruction applying rule of reasonable doubt specifically to particular matter or defense as curing instruction placing burden of proof upon defendant in that regard, 120 A.L.R. 591.

Burden of averment and proof as to exception in criminal statute on which the prosecution is based, 153 A.L.R. 1218.

PART 3 CARRYING AND POSSESSION OF FIREARMS

Cross references.

- Interstate purchases of rifles and shotguns, § 10-1-100 et seq.

Legal weapons for hunting wildlife generally, § 27-3-4.

Law reviews.

- For article, "Misdemeanor Sentencing in Georgia," see 7 Ga. St. B.J. 8 (2001). For article, "Georgia's 'Bring Your Gun to Work' Law May Not Have the Firepower to Trouble Georgia Employers After All," see 14 (No. 7) Ga. St. B.J. 12 (2009). For note on 2000 amendments of O.C.G.A. §§ 16-11-126,16-11-127.1,16-11-131, and16-11-132, see 17 Ga. St. U.L. Rev. 97 (2000).

JUDICIAL DECISIONS

Evidence insufficient for adjudication.

- State failed to present sufficient evidence to demonstrate that the firearm that fell from the juvenile's pocket met the requirements of the firearm offenses of possession of a handgun by a person under the age of 18, and possession and carrying of a handgun or a long gun by persons prohibited by law from such possession because the state never introduced into evidence either photographs of the firearm recovered during the July 18 incident or the firearm itself; and the officer referred to it only as a firearm, weapon, or gun, and never identified the recovered weapon as a handgun or described the length of its barrel; thus, the appellate court reversed the juvenile's adjudications of delinquency as to those offenses. In the Interest of A. A., 334 Ga. App. 37, 778 S.E.2d 28 (2015).

OPINIONS OF THE ATTORNEY GENERAL

Privileges under this part extend only to individuals demonstrating domiciliary intent.

- General Assembly did not intend to issue handgun licenses to every individual who passes through this state for a short period of time, but rather has extended this privilege to those individuals in this state who have demonstrated domiciliary intent and are known to be responsible citizens in their respective county. 1976 Op. Att'y Gen. No. U76-71.

Trooper cadets are subject to licensing requirements.

- Since trooper cadets are not peace officers within meaning of former Code 1933, § 26-2407 (see O.C.G.A. § 16-11-130), relating to exemptions from provisions regulating carrying of weapons, trooper cadets are subject to licensing requirements. 1974 Op. Att'y Gen. No. 74-135.

Peace officer candidates are subject to the mandatory licensing requirements of O.C.G.A. §§ 16-11-126 through16-11-129. 1996 Op. Att'y Gen. No. 96-22.

License fee is not waived for American diplomats or consuls.

- In absence of any exemptions appearing in either a treaty between the United States and another government, the Georgia statute, or existence of a present arrangement entitling American diplomats and consuls to such an exemption, payment of license fee is not to be waived. 1976 Op. Att'y Gen. No. U76-69.

RESEARCH REFERENCES

ALR.

- Fact that gun was unloaded as affecting criminal responsibility, 68 A.L.R.4th 507.

Fact that gun was broken, dismantled, or inoperable as affecting criminal responsibility under weapons statute, 81 A.L.R.4th 745.

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