O.C.G.A.
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
(a) It shall be unlawful for any person to fire or discharge a firearm on the property of another person, firm, or corporation without having first obtained permission from the owner or lessee of the property. This Code section shall not apply to: (1) Persons who fire or discharge a firearm in defense of person or property; and (2) Law enforcement officers. (b) Any person who violates subsection (a) of this Code section is guilty of a misdemeanor.
History
(Code 1933, § 26-2909.1, enacted by Ga. L. 1977, p. 1333, § 1.)
Annotations
JUDICIAL DECISIONS Firing handgun at street light from hotel. - Trial court did not err in denying the defendant’s motion to suppress evidence officers found during the booking process at the detention center because its finding there was probable cause for the defendant’s arrest for firing a handgun at a street light at a hotel and was not clearly erroneous when the combined facts and circumstances known to the arresting officers were sufficient to warrant a prudent person in believing that the
defendant had committed the offense of discharging a firearm on the property of another without permission in violation of O.C.G.A. § 16-11-104(a); the defendant matched the unique description of one of the shooters provided by the eyewitness and communicated to the responding officers, and the defendant was encountered by the officers near the scene of the shooting incident shortly after the incident occurred. Davis v. State, 304 Ga. App. 355, 696 S.E.2d 381 (2010).
OPINIONS OF THE ATTORNEY GENERAL There is no restriction against carrying an unloaded shotgun in a vehi-
cle through this state. 1970 Op. Att’y Gen. No. U70-30.
RESEARCH REFERENCES C.J.S. - 94 C.J.S., Weapons, § 62 et seq.
Notes of Decisions
Cited in
5
cases (
2 in the last 5 years), 1999–2023 · leading case:
Smith v. State, 882 S.E.2d 289 (Ga. 2022).
Smith v. State, 882 S.E.2d 289 (Ga. 2022).
· cites it 6× “GA § 16-11-134,7 and discharging a firearm on the property of 7 OCGA § 16-11-134 provides, in pertinent part: (a) It shall be unlawful for any person to discharge a firearm while: (1) Under the influence of alcohol or any drug or any combination of alcohol and any drug to the…”
Davis v. State, 696 S.E.2d 381 (Ga. Ct. App. 2010).
· cites it 6× “Davis was apprehended and placed under arrest for discharging a firearm on hotel property without first obtaining permission from the hotel owner or lessee in violation of OCGA § 16-11-104 (a). 2 Following his arrest, Davis was transported to the county detention center, where a…”
Chambliss v. State, 896 S.E.2d 469 (Ga. 2023).
· cites it 4× “357, 363-364 (3) (882 SE2d 289) (2022) (concluding the trial court did not err by refusing to in- struct the jury on unlawful act involuntary manslaughter predi- cated on the misdemeanors of discharging a firearm while under the influence of drugs or alcohol, OCGA § 16-11-134,…”
Graham v. State, 512 S.E.2d 921 (Ga. Ct. App. 1999).
· cites it 2× “” OCGA § 16-11-104 (a). In this case, the evidence was sufficient under the standard of Jackson v.”
Bonner v. The State., 830 S.E.2d 514 (Ga. Ct. App. 2019).
· cites it 2× “d Bonner appeals his conviction for three counts of aggravated assault ( OCGA § 16-5-21 ) on which he was found guilty but mentally ill, one count of criminal damage to property in the first degree ( OCGA § 16-7-22 ), one count of possession of a firearm during the commission of…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.