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2018 Georgia Code 16-11-120 | Car Wreck Lawyer

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

16-11-120. Short title.

This part shall be known and may be cited as the "Georgia Firearms and Weapons Act."

(Ga. L. 1968, p. 983, § 1.)

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 responsibility under weapons statute, 81 A.L.R.4th 745.

Cigarette lighter as deadly or dangerous weapon, 22 A.L.R.6th 533.

Cases Citing O.C.G.A. § 16-11-120

Total Results: 4  |  Sort by: Relevance  |  Newest First

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Propst v. State, 299 Ga. 557 (Ga. 2016).

Cited 47 times | Published | Supreme Court of Georgia | Jul 5, 2016 | 788 S.E.2d 484

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State v. Burks, 684 S.E.2d 269 (Ga. 2009).

Cited 8 times | Published | Supreme Court of Georgia | Sep 28, 2009 | 285 Ga. 781, 2009 Fulton County D. Rep. 3068

...[2] Immunity from criminal *271 prosecution is available to a person using threats or force in defense of habitation " unless in the use of deadly force, such person utilizes a weapon the carrying ... of which is unlawful by such person under [OCGA § 16-11-120 et seq., Georgia Firearms and Weapons Act]....
...e with Code Section ... 16-3-23 [in defense of 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., Georgia Firearms and Weapons Act]....
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State v. Green, 701 S.E.2d 151 (Ga. 2010).

Cited 4 times | Published | Supreme Court of Georgia | Oct 4, 2010 | 288 Ga. 1, 2010 Fulton County D. Rep. 3202

...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.]." OCGA § 16-3-21(a) states that "......
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Madera v. State, 899 S.E.2d 132 (Ga. 2024).

Cited 3 times | Published | Supreme Court of Georgia | Mar 5, 2024 | 318 Ga. 593

...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 possession of which is unlawful by such person under [OCGA §§ 16-11-120 to 16-11-125].”)....