Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448

2018 Georgia Code 16-11-104 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 16-11-104 Case Law from Google Scholar Amendments to OCGA 16-11-104

TITLE 16 CRIMES AND OFFENSES

Section 11. Offenses Against Public Order and Safety, 16-11-1 through 16-11-224.

ARTICLE 4 DANGEROUS INSTRUMENTALITIES AND PRACTICES

16-11-104. Discharge of firearms on property of another.

  1. 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.
  2. Any person who violates subsection (a) of this Code section is guilty of a misdemeanor.

(Code 1933, § 26-2909.1, enacted by Ga. L. 1977, p. 1333, § 1.)

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 vehicle through this state. 1970 Op. Att'y Gen. No. U70-30.

RESEARCH REFERENCES

C.J.S.

- 94 C.J.S., Weapons, § 62 et seq.

Cases Citing O.C.G.A. § 16-11-104

Total Results: 2  |  Sort by: Relevance  |  Newest First

Copy

Smith v. State, 882 S.E.2d 289 (Ga. 2022).

Cited 21 times | Published | Supreme Court of Georgia | Dec 20, 2022 | 315 Ga. 357

...(1) Under the influence of alcohol or any drug or any combination of alcohol and any drug to the extent that it is unsafe for the person to discharge such firearm except in the 12 another, OCGA § 16-11-104.8 The trial court denied the request, noting that the defense failed to present slight evidence warranting a charge on involuntary manslaughter....
...present in the person’s blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the person’s breath or blood. 8 OCGA § 16-11-104 provides, in pertinent part: (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...
Copy

Chambliss v. State, 896 S.E.2d 469 (Ga. 2023).

Cited 3 times | Published | Supreme Court of Georgia | Dec 19, 2023 | 318 Ga. 161

...o 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, and discharging a firearm on the property of another, OCGA § 16-11-104, where the same conduct amounted to the felony of possession of a firearm by a convicted felon); Welch v....