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2018 Georgia Code 16-11-123 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 16-11-123 Case Law from Google Scholar Amendments to OCGA 16-11-123

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

16-11-123. Unlawful possession of firearms or weapons.

A person commits the offense of unlawful possession of firearms or weapons when he or she knowingly has in his or her possession any sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon, or silencer, and, upon conviction thereof, he or she shall be punished by imprisonment for a period of five years.

(Ga. L. 1968, p. 983, § 3; Ga. L. 2000, p. 1630, § 2.)

Law reviews.

- For note on 2000 amendment of this Code section, see 17 Ga. St. U.L. Rev. 97 (2000).

JUDICIAL DECISIONS

Inconsistent verdicts.

- There was no need to reverse defendant's conviction for armed robbery in violation of O.C.G.A. § 16-8-41 after the jury acquitted defendant of possession of a firearm in violation of O.C.G.A. § 16-11-123 as Georgia abolished the inconsistent verdict rule with respect to criminal cases. Oliver v. State, 270 Ga. App. 429, 606 S.E.2d 874 (2004).

Cited in Barnwell v. State, 127 Ga. App. 335, 193 S.E.2d 203 (1972); Carson v. State, 241 Ga. 622, 247 S.E.2d 68 (1978); Simmons v. State, 246 Ga. 390, 271 S.E.2d 468 (1980); Myrick v. State, 155 Ga. App. 496, 271 S.E.2d 637 (1980); Keener v. State, 215 Ga. App. 117, 449 S.E.2d 669 (1994); Blankenship v. State, 223 Ga. App. 264, 477 S.E.2d 397 (1996).

RESEARCH REFERENCES

Am. Jur. 2d.

- 79 Am. Jur. 2d, Weapons and Firearms, § 12 et seq.

C.J.S.

- 94 C.J.S., Weapons, § 26 et seq.

ALR.

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

Construction and application of United States Supreme Court holdings in District of Columbia v. Heller, 554 U.S. 570, 128 S. Ct. 2783, 171 L. Ed. 2d 637 (2008) and McDonald v. City of Chicago, Ill., 130 S. Ct. 3020, 177 L. Ed. 2d 894 (2010) respecting Second Amendment right to keep and bear arms, to state or local laws regulating firearms or other weapons, 64 A.L.R.6th 131.

Cases Citing Georgia Code 16-11-123 From Courtlistener.com

Total Results: 2

Langley v. State

Court: Supreme Court of Georgia | Date Filed: 2022-02-01

Snippet: 7 organization without authority), 16-11-123 (knowing possession of sawed-off shotgun or rifle

Smith v. State

Court: Supreme Court of Georgia | Date Filed: 1998-11-09

Citation: 510 S.E.2d 1, 270 Ga. 240, 98 Fulton County D. Rep. 3788, 1998 Ga. LEXIS 1057

Snippet: was a possession offense, OCGA §§ 16-11-122 and 16-11-123, and the solicitation never proceeded to the selection