2022 Georgia Code
Title 16 - Crimes and Offenses
Chapter 11 - Offenses Against Public Order and Safety
Article 4 - Dangerous Instrumentalities and Practices
Part 3 - Carrying and Possession of Firearms
§ 16-11-133. Minimum Periods of Confinement for Persons Convicted Who Have Prior Convictions

1. As used in this Code section, the term:
   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 Justice for an offense which would constitute a felony under the laws of the United States.
   2. “Firearm” includes any handgun, rifle, shotgun, stun gun, taser, or other weapon which will or can be converted to expel a projectile by the action of an explosive or electrical charge.
2. Any person who has previously been convicted of or who has previously entered a guilty plea to the offense of murder, murder in the second degree, armed robbery, home invasion in any degree, kidnapping, rape, aggravated child molestation, aggravated sodomy, aggravated sexual battery, or any felony involving the use or possession of a firearm and who shall have on or within arm’s reach of his or her person a firearm during the commission of, or the attempt to commit:
   1. Any crime against or involving the person of another;
   2. The unlawful entry into a building or vehicle;
   3. A theft from a building or theft of a vehicle;
   4. Any crime involving the possession, manufacture, delivery, distribution, dispensing, administering, selling, or possession with intent to distribute any controlled substance as provided in Code Section 16-13-30; or
   5. Any crime involving the trafficking of cocaine, marijuana, or illegal drugs as provided in Code Section 16-13-31,

      and which crime is a felony, commits a felony and, upon conviction thereof, shall be punished by confinement for a period of 15 years, such sentence to run consecutively to any other sentence which the person has received.

3. Upon the second or subsequent conviction of a convicted felon under this Code section, such convicted felon shall be punished by confinement for life. Notwithstanding any other law to the contrary, the sentence of any convicted felon which is imposed for violating this Code section a second or subsequent time shall not be suspended by the court and probationary sentence imposed in lieu thereof.
4. Any crime committed in violation of subsections (b) and (c) of this Code section shall be considered a separate offense.

History. Code 1981, § 16-11-133 , enacted by Ga. L. 1995, p. 137, § 1; Ga. L. 2014, p. 426, § 5/HB 770; Ga. L. 2014, p. 444, § 2-6/HB 271.

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For notes on the 1995 enactment of this Code section and § 16-11-134 , see 12 Ga. St. U.L. Rev. 112 and 118 (1995).