174, 764 S.E.2d 187 (2014); Patterson v. State, 347 Ga. App. 374, 641 S.E.2d 619 (2007). 770, 728 S.E.2d 286 (2012). 76, 635 S.E.2d 380 (2006). 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. The applicable date is the date of the offense of possession, not the date of the previous felony conviction. 42, 520 S.E.2d 746 (1999); Evans v. State, 240 Ga. App. Evidence was sufficient to support the defendant's convictions for trafficking in cocaine, possession of a firearm during the commission of a felony, possession of a firearm by a convicted felon, and felony fleeing or attempting to elude based on the defendant's involvement in a police chase that included speeds in excess of 100 m.p.h. 16-11-131. 0:57. You can explore additional available newsletters here. Proscription of 18 U.S.C.A. 230, 648 S.E.2d 738 (2007). In Texas, it is illegal for any person convicted of a felony to possess a gun or ammunition. 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. This site is protected by reCAPTCHA and the Google, There is a newer version of the Georgia Code, CHAPTER 11 - OFFENSES AGAINST PUBLIC ORDER AND SAFETY, ARTICLE 4 - DANGEROUS INSTRUMENTALITIES AND PRACTICES, PART 3 - CARRYING AND POSSESSION OF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. Cade v. State, 351 Ga. App. Anderson v. State, 285 Ga. 496, 678 S.E.2d 84 (2009). WebWhat happens to the firearm rights of a felon will depend on what charges they faced. WebSec. 2d 50 (2007). 813, 485 S.E.2d 39 (1997). 16-5-21(a)(2), possession of a firearm during the commission of a crime, O.C.G.A. Att'y Gen. No. 310, 520 S.E.2d 466 (1999). 1983, Art. O.C.G.A. 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). If you are convicted, you will face up to 10 years in 657, 350 S.E.2d 302 (1986). 1203(2). - O.C.G.A. Absent a pardon, such an applicant commits a felony under O.C.G.A. I, Sec. 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. 16-11-131(b) is possession of a single firearm, and the defendant could be separately punished for possession of each of the firearms seized from the defendant's house; thus, the trial court committed no error in declining to merge the defendant's four firearm-related convictions for purposes of sentencing. This crime is categorized as a third-degree felony. 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. 2d 213 (1984). White v. State, 312 Ga. App. Martin v. State, 281 Ga. 778, 642 S.E.2d 837 (2007). denied, 506 U.S. 839, 113 S. Ct. 118, 121 L. Ed. 16-11-131 merged with the defendant's conviction of felony murder under O.C.G.A. - Possession of a firearm by a convicted felon does not merge with act of shooting the firearm; therefore, a jury may find a convicted felon guilty of felony murder by treating the felon's possession of a firearm in committing the murder as the underlying felony. Hinton v. State, 297 Ga. App. 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. When the state's evidence showed that the defendant pulled into a parking lot while the victim was robbing a friend of the defendant's, waited in the defendant's car until the victim came around a corner, and then shot the victim three times without the victim ever having aimed the victim's gun at the defendant, there was sufficient evidence to convict the defendant of felony murder based on the defendant's killing the victim while being a convicted felon in possession of a firearm in violation of O.C.G.A. 379, 494 S.E.2d 100 (1997); Crawford v. State, 233 Ga. App. For article on the 2012 amendment of this Code section, see 29 Ga. St. U.L. Possession of Smallwood v. State, 296 Ga. App. Waiver or Loss of Protection of Federal Attorney 'Work Product' Protection for Expert Witnesses Under Fed. 2d 532 (2005). 16-1-7 and former24-9-20 (see now O.C.G.A. 16-11-131 provides sufficient notice to a person of ordinary intelligence that a conviction by an out-of-state court of a crime, which authorized punishment of up to three years in prison, is a felony conviction for purposes of the statute. 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. Any error in the admission of a certified copy of a defendant's burglary conviction without redacting an attachment that set forth the evidence supporting the conviction was waived by the defendant as the defendant failed to object to the admission of the document at trial; however, the defendant was not unduly prejudiced by the admission of the document as the defendant did not offer to stipulate to the conviction and neither the conviction nor the facts surrounding the conviction were of a nature likely to inflame the passions of the jury. P. 26(b)(3), 44 A.L.R. 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. Sign up for our free summaries and get the latest delivered directly to you. State Journal-Register. Construction with O.C.G.A. 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. Foreign Agents Registration Act of 1938, As Amended (22 U.S.C.A. denied, No. - 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. 16-11-131(b) if the felon carries a firearm. 742, 627 S.E.2d 448 (2006). For annual survey on criminal law, see 69 Mercer L. Rev. 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. 314, 387 S.E.2d 602 (1989); 123 A.L.R. - For annual survey of criminal law, see 56 Mercer L. Rev. WebAs convicted felons, Frazier and Stalsby are prohibited by federal law from owning or possessing firearms or ammunition. An order of restoration of civil rights granted by the State Board of Pardons and Paroles which expressly authorizes an individual to receive, possess, or transport a firearm satisfies the requirements of O.C.G.A. Landers v. State, 250 Ga. 501, 299 S.E.2d 707 (1983). Please check official sources. Defendant's prior felony conviction for armed robbery is properly admitted where it is the basis for the charge of possession of a firearm by a convicted felon. View Entire Chapter. Johnson v. State, 282 Ga. 235, 647 S.E.2d 48 (2007). 16-11-131(b) and (c) is to implicitly repeal O.C.G.A. "Firearm" includes any handgun, rifle, shotgun, or other weapon which will or can be converted to expel a projectile by the action of an explosive or electrical charge. 734, 783 S.E.2d 133 (2016). Hall v. State, 322 Ga. App. in a residential area and the defendant's attempt to flee on foot; a backpack that the defendant was carrying while running from the police and which was recovered from the roof of the house around which the defendant had disappeared had drugs and a pistol in the backpack. Fed. Evidence was sufficient to sustain the defendant's convictions of two counts of armed robbery under O.C.G.A. 16-11-131. 153, 630 S.E.2d 661 (2006). WebThe punishment for possession of a firearm by a convicted felon is significant. 16-11-106, as the defendant was angered by the victim's presence in the residence, the defendant assaulted the victim with a baseball bat and threatened to kill the victim if the victim did not leave the residence, and when the victim returned to the residence, the defendant fatally shot the victim in the stomach. 1. Warren v. State, 289 Ga. App. Butler v. State, 272 Ga. App. 637, 832 S.E.2d 453 (2019). Get free summaries of new opinions delivered to your inbox! Those convicted of federal crimes face the worst trouble. The arrest was made without a warrant or probable cause. 105, 733 S.E.2d 407 (2012). 790.23 16-5-1, armed robbery under O.C.G.A. 481, 657 S.E.2d 533 (2008), cert. .030 Defacing a firearm. Starling v. State, 285 Ga. App. Daogaru v. Brandon, F.3d (11th Cir. The District Attorneys Office 444, 313 S.E.2d 144 (1984). 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. Warren v. State, 289 Ga. App. 801, 701 S.E.2d 202 (2010). I, Sec. - CRIMES AGAINST THE PUBLIC SAFETY. Under 18 U.S.C. Web16-11-131. 16-11-131(b) was found ambiguous and permitted only one prosecution and conviction for the simultaneous possession of multiple firearms. Chavez v. State, 307 Ga. 804, 837 S.E.2d 766 (2020). Web(a) A person who has been convicted of a felony commits an offense if he possesses a firearm: (1) after conviction and before the fifth anniversary of the persons release from confinement following conviction of the felony or the persons release from supervision under community supervision, parole, or mandatory supervision, whichever date is later; or .050 Possession of Davis v. State, 287 Ga. App. 1980 Op. 1980 Op. O.C.G.A. VIII). The four victims were found dead in two hotel rooms from gunshot wounds to the back of their heads; identification documents belonging to the four victims were found in the defendant's car; there was expert testimony that the defendant's gun had been used to kill the victims; the defendant's baseball cap contained one victim's deoxyribonucleic acid; there was evidence that the defendant and two friends used three victims' tickets to attend a football game after the victims were murdered; the defendant was identified as being in an elevator with one victim; the defendant was seen leaving the hotel with one victim's cooler; and a duffle bag belonging to one victim was in the defendant's car when the defendant was arrested on weapons charges. 918, 368 S.E.2d 771 (1988); Spivey v. State, 193 Ga. App. 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. A judgment of conviction for transporting a stolen motor vehicle in interstate or foreign commerce or for committing or 513, 621 S.E.2d 523 (2005). I, Para. State v. Remy, 308 Ga. 296, 840 S.E.2d 385 (2020). 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 That misdemeanor has been replaced with a new misdemeanor of carrying a weapon without being a lawful weapons carrier (and the same felony of possession of a firearm by a convicted A drug dealer told police that the drug dealer saw the defendant shoot the victim, although the drug dealer said at trial that the drug dealer did not see the shooting; the drug dealer's spouse testified as to a statement by the drug dealer that was inconsistent with the drug dealer's trial testimony; and another prosecution witness testified that before the shooting, the defendant said that the defendant was "going to get" the victim and that afterward, the defendant said, "I told you I was going to do" the victim. King v. State, 169 Ga. App. Williams v. State, 238 Ga. App. - Because defendant was found guilty of malice murder, defendant was properly convicted also of a possession count, it being unrelated to malice murder. 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. 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. 86-4. Cobb v. State, 283 Ga. 388, 658 S.E.2d 750 (2008). The good news is that you have options. Evidence was sufficient to establish the defendant's constructive possession of a gun because the defendant had access to the gun and had exercised control over the gun and there was evidence to corroborate the defendant's statement to police that the defendant had purchased a gun since the defendant knew where the gun was hidden and the defendant gave police permission to enter the room, indicating the intent to exert control over the room and contents. Wyche v. State, 291 Ga. App. Ledesma v. State, 251 Ga. 487, 306 S.E.2d 629 (1983), cert. Georgia may have more current or accurate information. You're all set! - Trial counsel was ineffective in failing to seek to redact the portion of a defendant's first offender plea that related to carrying a concealed weapon. Wright v. State, 279 Ga. App. Validity of state gun control legislation under state constitutional provisions securing right to bear arms - convicted felons, 85 A.L.R.6th 641. - 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. - Defendant's conviction for possession of a firearm by a convicted felon was reversed because the defendant established ineffective assistance of counsel for counsel's failure to object to the witness's testimony that improperly bolstered the investigator's testimony and credibility. Defense counsel was not ineffective under Ga. Const. 16-11-131, the trial court properly dismissed the charge. Walker v. State, 281 Ga. 157, 635 S.E.2d 740 (2006), cert. denied, No. 896, 418 S.E.2d 155 (1992). Layne v. State, 313 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. Taylor v. State, 267 Ga. App. It is illegal for any person who has been convicted of a felony to possess a firearm. art. 73 (2017). Finley v. State, 286 Ga. 47, 685 S.E.2d 258 (2009). 614, 340 S.E.2d 256 (1986). - See Wofford v. State, 262 Ga. App. Possession of firearms by convicted felons and first offender probationers. 127, 386 S.E.2d 868 (1989), cert. 6 for failure to request a bifurcated trial on felony murder under O.C.G.A. O.C.G.A. O.C.G.A. - 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. 163, 290 S.E.2d 159 (1982). Malone v. State, 337 Ga. App. 17-10-7. 153 (2004). Tiller v. State, 286 Ga. App. - 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. 0:02. Ziegler v. State, 270 Ga. App. Because the evidence showed that the probationer had continuous access to the firearms in the house on the day of a fatal shooting, and that the probationer intended to, and did in fact exercise control over the sons' access to one of the guns in the minutes leading up to the shooting, the trial court properly found that the probationer had constructive possession of the firearm. 16-11-131(a), defining a felony for purposes of the charge of possession of a firearm by a convicted felon, creates an ambiguity in that a person of ordinary intelligence could fail to appreciate that the definition was meant to look past the treatment given a criminal offense by an out-of-state jurisdiction and encompass within the ambit of O.C.G.A. - 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. 16-11-129(b)(3). 3d Art. (a) As used in this Code section, the term: (1) Felony means Roper v. State, 281 Ga. 878, 644 S.E.2d 120 (2007). - Because defendant's three prior felony convictions, and a subsequent conviction of possession of a firearm by a convicted felon as a result of one or more of those felonies, remained separate felonies that could be used to impose a recidivist punishment for the commission of yet another felony, and defendant did not seek to collaterally attack any of those convictions, the recidivists sentences imposed under O.C.G.A. 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. 16-11-131(b). Sufficiency of evidence of possession in prosecution under state statute prohibiting persons under indictment for, or convicted of, crime from acquiring, having, carrying, or using firearms or weapons, 43 A.L.R.4th 788. 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. 301, 460 S.E.2d 871 (1995). Whitt v. State, 281 Ga. App. Evidence supported convictions of malice murder, possessing a firearm during the commission of that murder, and possession of a weapon by a convicted felon. Lawson v. State, 280 Ga. 881, 635 S.E.2d 134 (2006). 16-11-131, and introduction of evidence of previous conviction during trial of issue of guilt was not error. 17-10-7 were valid. denied, No. Miller v. State, 283 Ga. 412, 658 S.E.2d 765 (2008). 922(g)(1), the plaintiff lacked standing because even if 922(g)(1) was declared unconstitutional as applied to the plaintiff, Georgia law independently barred the plaintiff from possessing a firearm because of the plaintiff's Michigan convictions. Tampa, FL - United States Attorney Roger B. Handberg announces the return of an indictment charging Martez Manning (26, St. Petersburg) with one count of possession - It could not be presumed that defendant, as owner and head of a household, owned or possessed the firearms found therein during a search for drugs, where there was no other evidence to show that defendant owned or possessed the firearms; the evidence was not sufficient to support defendant's conviction of possession of a firearm by a convicted felon. - Pursuant to Code Section 28-9-5, in 1988, "of" was deleted following "Chapter " in subsection (e) (now (f)). S08C0978, 2008 Ga. LEXIS 508 (Ga. 2008). - When a defendant was charged with possession of a firearm by a convicted felon, the defendant was entitled to a charge as to justification, the only defense defendant claimed; the refusal to so charge and to charge merely the language of O.C.G.A. If convicted, he faces a sentence of up to 40 years in prison. 608, 722 S.E.2d 351 (2012). I, Para. - Prior felony conviction under O.C.G.A. Lawson v. State, 280 Ga. 881, 635 S.E.2d 134 (2006). Bogan v. State, 177 Ga. App. WebPossession of Firearm by a Convicted Felon or First Offender Probationer. - Proof of previous felony conviction is necessary element of state's proof under O.C.G.A. 565, 677 S.E.2d 752 (2009). Any error in the admission of a witness's statements under the necessity exception to the hearsay rule was harmless in light of the overwhelming evidence of defendant's guilt for assault and possession of a firearm by a convicted felon, including the exact match of defendant's blood sample to the blood found at the scene, the location and timing of defendant's capture, and the fact that defendant had a recent gunshot wound. Senior v. State, 277 Ga. App. 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. Fed. 16-5-3(a), a killing resulting from an unlawful act other than a felony. 521, 295 S.E.2d 219 (1982). 2016 Statute. Brown v. State, 268 Ga. App. Davis v. State, 287 Ga. App. S10P1859, 2011 Ga. LEXIS 267 (Ga. 2011). 60, 653 S.E.2d 361 (2007); Hyman v. State, 320 Ga. App. 80-122. - 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. 16-5-21, possession of a firearm by a convicted felon in violation of O.C.G.A. 640, 448 S.E.2d 745 (1994). 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 16-11-131(a)(2). 572, 754 S.E.2d 151 (2014). 775, 296 S.E.2d 110 (1982); Brooks v. State, 250 Ga. 739, 300 S.E.2d 810 (1983); Alexander v. State, 166 Ga. App. 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. Coursey v. State, 196 Ga. App. - See Murray v. State, 180 Ga. App. 580, 305 S.E.2d 29 (1983); Brown v. State, 168 Ga. App. 5, 670 S.E.2d 824 (2008). You're all set! 24-14-6), to exclude every other reasonable hypothesis except that of the defendant's guilt; the defendant made several admissions to officers that constituted direct evidence including that the defendant had a gun in the defendant's bedroom and that the defendant used the gun to hunt. denied, 190 Ga. App. Evidence was sufficient to show that the defendant constructively possessed three firearms as a convicted felon in violation of O.C.G.A. 604, 327 S.E.2d 566 (1985). ROCHESTER, Minn. A Rochester man is set to stand trial for illegal gun possession. Proof of previous felony conviction is necessary element of state's proof under O.C.G.A. Testimony provided by two accomplices, together with inside information wherein defendant learned about the location of the robbery, the security camera on the premises, the people that worked there, how many people worked there, who was in the back area, and about the safe, when coupled with the fact that the gunman was not captured on the security camera, provided some evidence, though slight, that the robber had such inside information; under the circumstances, the accomplices' testimony was sufficiently corroborated, and the jury was authorized to find defendant guilty of armed robbery, possession of a firearm during the commission of a felony, and possession of a firearm by a convicted felon. Hightower v. State, 278 Ga. 39, 597 S.E.2d 362 (2004). S08C1413, 2008 Ga. LEXIS 914 (Ga. 2008). The first defendant told a driver to stop a car while the second defendant and the victim got out of another car; the second defendant held the victim at gunpoint with an AK-47; the first defendant jumped out of the car and approached the second car with a .45 caliber handgun; both defendants fired their weapons at the victim as the victim was running; after the victim fell, the second defendant stood over the victim with the rifle and fired several more times; the victim suffered five back-to-front bullet wounds; and shell casings from a .45 caliber handgun as well as an AK-47 were found at the scene. denied, 552 U.S. 833, 128 S. Ct. 60, 169 L. Ed. 2d 213 (1984). 2d 50 (2007). Fed. Section 46.04 of the Texas Penal Code specifically states that a person who has been Evidence supported defendant's conviction for possession of a firearm by a convicted felon as defendant's possession of the victim's handgun and shotgun on the night of the crimes was shown by the victim's direct testimony, rather than by circumstantial evidence, since: (1) the victim testified that two men forced their way into the victim's house, hit the victim in the head with a blunt object, recovered a .380 caliber handgun and a 20-gauge single-barrel shotgun, forced the victim to give them thousands of dollars the victim had hidden in the attic, and then fled; (2) during a consensual search, the police found a .380 caliber handgun hidden in the defendant's bedroom that was identified as the victim's by the victim and that bore the same serial number as the victim's gun; and (3) the victim identified defendant in a photo array and at trial; thus, the evidence authorized the jury to find that the defendant was in actual possession of the handgun and that defendant continued to be in at least constructive possession of the handgun when the handgun was found in defendant's bedroom. Const., amend. denied, No. Web1 WEAPONS, 724.26 724.26 Possession, receipt, transportation, or dominion and control of firearms, offensiveweapons,andammunitionbyfelonsandothers. Web790.23 Felons and delinquents; possession of firearms, ammunition, or electric weapons or devices unlawful.. 148, 742 S.E.2d 767 (2013); Banks v. State, 329 Ga. App. 16-11-131 or in refusing to charge sudden emergency, specific intent, or O.C.G.A. 246, 384 S.E.2d 451 (1989). Jones v. State, 282 Ga. 306, 647 S.E.2d 576 (2007). 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 Defendant's possession of a handgun when the defendant shot the victim on July 29, 2012, was not simultaneous with the defendant's possession of the long guns on August 2, 2012, when the defendant carried them from the house and hid them in the overgrown area of the backyard; thus, those convictions did not merge. A: Previously, there was a misdemeanor called carrying a weapon without a license (in addition to the felony of possession of a firearm by a convicted felon). 16-11-131, criminalizing a felon's firearm possession, gave insufficient notice to defendant that the Pennsylvania misdemeanor could be a predicate felony for a charge under the statute. WebThe range of punishment in the county jail is ten dayssix months. S08C0978, 2008 Ga. LEXIS 508 (Ga. 2008). This site is protected by reCAPTCHA and the Google, There is a newer version Mar. 10, 424 S.E.2d 310 (1992). denied, 464 U.S. 1069, 104 S. Ct. 975, 79 L. Ed. Get free summaries of new opinions delivered to your inbox! 479, 448 S.E.2d 223 (1994); Boone v. State, 229 Ga. App. This charge can land you in prison for a long time. After the defendant was found guilty of rape and aggravated assault, a separate guilt/innocence trial was held on the firearm possession charge, wherein the state introduced into evidence, without objection, a certified copy of the defendant's guilty plea and sentence for the crime of voluntary manslaughter, which testimony and documentary evidence from the combined proceedings sufficiently established that the defendant was guilty of possession of a firearm by a convicted felon.