2021 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
§ 16-11-123. Unlawful Possession of Firearms or Weapons

A person commits the offense of unlawful possession of firearms or weapons when he or she knowingly has in his or her possession any sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon, or silencer, and, upon conviction thereof, he or she shall be punished by imprisonment for a period of five years.

(Ga. L. 1968, p. 983, § 3; Ga. L. 2000, p. 1630, § 2.)

- For note on 2000 amendment of this Code section, see 17 Ga. St. U.L. Rev. 97 (2000).

JUDICIAL DECISIONS

Inconsistent verdicts.

- There was no need to reverse defendant's conviction for armed robbery in violation of O.C.G.A. § 16-8-41 after the jury acquitted defendant of possession of a firearm in violation of O.C.G.A. § 16-11-123 as Georgia abolished the inconsistent verdict rule with respect to criminal cases. Oliver v. State, 270 Ga. App. 429, 606 S.E.2d 874 (2004).

Cited in Barnwell v. State, 127 Ga. App. 335, 193 S.E.2d 203 (1972); Carson v. State, 241 Ga. 622, 247 S.E.2d 68 (1978); Simmons v. State, 246 Ga. 390, 271 S.E.2d 468 (1980); Myrick v. State, 155 Ga. App. 496, 271 S.E.2d 637 (1980); Keener v. State, 215 Ga. App. 117, 449 S.E.2d 669 (1994); Blankenship v. State, 223 Ga. App. 264, 477 S.E.2d 397 (1996).

RESEARCH REFERENCES

Am. Jur. 2d.

- 79 Am. Jur. 2d, Weapons and Firearms, § 12 et seq.

- 94 C.J.S., Weapons, § 26 et seq.

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

Construction and application of United States Supreme Court holdings in District of Columbia v. Heller, 554 U.S. 570, 128 S. Ct. 2783, 171 L. Ed. 2d 637 (2008) and McDonald v. City of Chicago, Ill., 130 S. Ct. 3020, 177 L. Ed. 2d 894 (2010) respecting Second Amendment right to keep and bear arms, to state or local laws regulating firearms or other weapons, 64 A.L.R.6th 131.

Removal of Trustee in Bankruptcy Under 11 U.S.C.A. § 324(a), 44 A.L.R. Fed. 3d Art. 1.

Waiver or Loss of Protection of Federal Attorney 'Work Product' Protection for Expert Witnesses Under Fed. R. Civ. P. 26(b)(3), 44 A.L.R. Fed. 3d Art. 2.

Proscription of 18 U.S.C.A. § 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. Fed. 3d Art. 3.

Balloon Payments in Chapter 13 Bankruptcy Proceedings, 44 A.L.R. Fed. 3d Art. 4.

Adoption, Rejection, and Use of "Receipt of Benefits” Test Under 11 U.S.C.A. § 523(a)(2), 44 A.L.R. Fed. 3d Art. 5.

Foreign Agents Registration Act of 1938, As Amended (22 U.S.C.A. §§ 611 et seq.), 44 A.L.R. Fed. 3d Art. 6.

Application of National Environmental Policy Act (NEPA) Antisegmentation Principle to Dredge or Fill Projects, 45 A.L.R. Fed. 3d Art. 1.

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. Fed. 3d Art. 6.