Reasonableness of detention.

- Because a police officer noticed that a shotgun in defendant's vehicle had been sawed off, the officer acted reasonably in further detaining defendant to determine whether defendant had, in fact, violated O.C.G.A. § 16-11-122. Castleberry v. State, 275 Ga. App. 37, 619 S.E.2d 747 (2005).

Constructive possession shown.

- Additional evidence other than a defendant's ownership of the premises demonstrated the defendant's constructive possession of a sawed-off shotgun. The shotgun was found in an office containing the defendant's personal items; entry into the office had been made more difficult by installation of a steel padlocked door, which was locked when officers arrived to conduct the search; the defendant admitted to installing surveillance equipment; and although the defendant disputed the testimony, an agent testified that the defendant admitted that the guns found inside the defendant's house and in the office were the defendant's guns. Bailey v. State, 294 Ga. App. 437, 669 S.E.2d 453 (2008).

Evidence sufficient to support conviction.

- Evidence that the shotgun barrel was measured according to policy and procedure to make the determination on the length of the gun was sufficient to authorize the jury's finding that defendant was guilty, beyond a reasonable doubt, of unlawful possession of a sawed-off shotgun with a barrel less than 18 inches in length in violation of O.C.G.A. § 16-11-122. Wiley v. State, 204 Ga. App. 881, 420 S.E.2d 783, cert. denied, 204 Ga. App. 922, 420 S.E.2d 783 (1992).

Defendant's conviction for unlawful possession of a sawed-off shotgun was supported by sufficient evidence based on the state producing expert testimony at trial establishing that the firearm at issue was originally designed to be fired from the shoulder but had been modified into a pistol-like configuration. Lewis v. State, 292 Ga. App. 257, 663 S.E.2d 721 (2008), cert. denied, No. S08C1869, 2008 Ga. LEXIS 885 (Ga. 2008).

Evidence supported the defendant's conviction of possession of a sawed-off shotgun, O.C.G.A. § 16-11-122, as the state presented direct evidence of the defendant's admission that the contraband belonged to the defendant; the jury was authorized to reject the defendant's parent's claim of ownership and conclude that the defendant had sole constructive possession of the contraband. Wheeler v. State, 307 Ga. App. 585, 705 S.E.2d 686 (2011), overruled on other grounds, 322 Ga. App. 811 (2013).

Equal access instruction.

- Because it appeared that equal access was the sole defense to a charge of possession of a sawed-off shotgun, the trial court should have given an instruction on that defense sua sponte once the court instructed the jury on the presumption of possession based on ownership of the premises. Bailey v. State, 294 Ga. App. 437, 669 S.E.2d 453 (2008).

Cited in Barnwell v. State, 127 Ga. App. 335, 193 S.E.2d 203 (1972); Askew v. State, 141 Ga. App. 238, 233 S.E.2d 57 (1977); Gunn v. State, 163 Ga. App. 906, 296 S.E.2d 221 (1982); Johnson v. State, 209 Ga. App. 632, 434 S.E.2d 169 (1993); Daniels v. State, 222 Ga. App. 29, 473 S.E.2d 239 (1996); Adams v. State, 245 Ga. App. 607, 538 S.E.2d 508 (2000); State v. Watson, 249 Ga. App. 256, 547 S.E.2d 789 (2001); Cox v. State, 300 Ga. App. 109, 684 S.E.2d 147 (2009).

Am. Jur. 2d.

- 79 Am. Jur. 2d, Weapons and Firearms, §§ 1, 2.

C.J.S.

- 94 C.J.S., Weapons, § 24 et seq.

ALR.

- Validity and construction of regulations governing carrying, possession, or use of tear gas or similar chemical weapons, 30 A.L.R.3d 1416.

Scope and effect of exception, in statute forbidding carrying of weapons, as to persons on own premises or at place of business, 57 A.L.R.3d 938.

Application of statute or regulation dealing with registration or carrying of weapons to transient nonresident, 68 A.L.R.3d 1253.

Fact that gun was broken, dismantled, or inoperable as affecting criminal responsibility under weapons statute, 81 A.L.R.4th 745.