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.
This part shall be known and may be cited as the ‘‘Georgia Firearms and Weapons Act.’’
History
(Ga. L. 1968, p. 983, § 1.)
Annotations
Editor’s notes. - Pursuant to Ga. L. 1968, p. 983, § 7, this part is cumulative and supplemental to laws of this state
enacted prior to this part and, in the event of a conflict, this part shall govern and take precedence.
JUDICIAL DECISIONS Firearms and Weapons Act does not violate Georgia Constitution. - Georgia Firearms and Weapons Act, (this part) does not violate Ga. Const. 1976, Art. I, Sec. I, Para. V (see now Ga. Const. 1983, Art. I, Sec. I, Para. VIII), which provides for right of people to keep and bear arms. Carson v. State, 241 Ga. 622, 247 S.E.2d 68 (1978). Georgia Firearms and Weapons Act constitutes a legitimate exercise of police power and can be sustained as a legitimate exercise of police power of the
state. Carson v. State, 241 Ga. 622, 247 S.E.2d 68 (1978). Evidence sufficient for conviction. - See Davis v. State, 168 Ga. App. 272, 308 S.E.2d 602 (1983). Cited in Simmons v. State, 246 Ga. 390, 271 S.E.2d 468 (1980); Warner v. State, 155 Ga. App. 495, 271 S.E.2d 636 (1980); Myrick v. State, 155 Ga. App. 496, 271 S.E.2d 637 (1980); Ezzard v. State, 155 Ga. App. 594, 271 S.E.2d 728 (1980); Blue v. State, 212 Ga. App. 847, 433 S.E.2d 635 (1994).
RESEARCH REFERENCES ALR. - Double jeopardy: various acts of weapons violations as separate or continuing offense, 80 A.L.R.4th 631. Fact that gun was broken, dismantled, or inoperable as affecting criminal respon-
sibility under weapons statute, 81 A.L.R.4th 745. Cigarette lighter as deadly or dangerous weapon, 22 A.L.R.6th 533.
Notes of Decisions
Cited in
12
cases (
1 in the last 5 years), 1983–2024 · leading case:
Propst v. State, 788 S.E.2d 484 (Ga. 2016).
Propst v. State, 788 S.E.2d 484 (Ga. 2016).
· cites it 2× “2 as precluding immunity where a person unlawfully carries a weapon in violation of OCGA § 16-11-120 et seq.). Consequently, Propst has failed to show that former OCGA § 16-3-24.”
State v. Burks, 684 S.E.2d 269 (Ga. 2009).
· cites it 4× “of which is unlawful by such person under [OCGA § 16-11-120 et seq., Georgia Firearms and Weapons Act].”
Madera v. State, 899 S.E.2d 132 (Ga. 2024).
· cites it 4× “2 (“A person who uses threats or force in accordance with [certain statutes governing justification as a defense, including self-defense,] shall be immune from criminal prosecution therefor unless in the use of deadly force, such person utilizes a weapon the carrying or…”
Davis v. State, 308 S.E.2d 602 (Ga. Ct. App. 1983).
· cites it 2× “425 (2) ( 205 SE2d 904 ) (1974); OCGA § 16-11-120 (Code Ann. § 26-9910a); Myrick v.”
Mays v. State, 730 S.E.2d 651 (Ga. Ct. App. 2012).
· cites it 2× “2 provides statutory immunity for a person using force that arose in defense of habitation in accordance with OCGA § 16-3-23, unless in the use of deadly force such person uses a weapon the carrying of which is unlawful by such person under OCGA § 16-11-120 et seq., and that…”
Knox v. State, 349 S.E.2d 753 (Ga. Ct. App. 1986).
· cites it 2× “A jury found Knox guilty of violation of the Georgia Firearms and Weapons Act (OCGA § 16-11-120) and possession of firearms by a convicted felon (OCGA § 16-11-131).”
State v. Green, 701 S.E.2d 151 (Ga. 2010).
· cites it 2× “16-3-21 [in defense of self] shall be immune from criminal prosecution therefor unless in the use of deadly force, such person utilizes a weapon the carrying or possession of which is unlawful by such person under [the Georgia Firearms and Weapons Act, OCGA § 16-11-120 et seq.].…”
State v. Watson, 547 S.E.2d 789 (Ga. Ct. App. 2001).
· cites it 2× “It is ultimately for the jury to determine from the evidence whether such modification rendered the sawed-off shotgun inoperative as that term is used and illustrated in OCGA § 16-11-124 (3). 23 Judgment reversed.”
Ferrell v. State, 314 S.E.2d 253 (Ga. Ct. App. 1984).
· cites it 2× “Appellant’s first enumeration of error challenges the trial court’s denial of his motion for directed verdict of acquittal as to the violation of the Georgia Firearms and Weapons Act, OCGA § 16-11-120 et seq. (Code Ann. § 26-9910a et seq.”
Blue v. State, 443 S.E.2d 635 (Ga. Ct. App. 1994).
· cites it 2× “Lester Bernard Blue appeals his conviction of five counts of aggravated assault, conspiracy to commit trafficking in cocaine and violation of OCGA § 16-11-120, the Georgia Firearms & Weapons Act.”
The State v. Morgan., 814 S.E.2d 823 (Ga. Ct. App. 2018).
· cites it 2× “16-3-24 [in defense of property other than a habitation] shall be immune from criminal prosecution therefor unless in the use of deadly force, such person utilizes a weapon the carrying or possession of which is unlawful by such person under [OCGA § 16-11-120 et seq., the…”
Tiffany Mays v. State (Ga. Ct. App. 2012).
· cites it 2× “2 provides statutory immunity for a person using force that arose in defense of habitation in accordance with OCGA § 16-3-23, unless in the use of deadly force such person uses a weapon the carrying of which is unlawful by such person under OCGA § 16-11-120 et seq., and that…”
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.