O.C.G.A.

O.C.G.A. § 16-11-123 (2019)

Unlawful possession of firearms or weapons

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

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.

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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.

History

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

Annotations

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) respect-

ing Second Amendment right to keep and bear arms, to state or local laws regulating firearms or other weapons, 64 A.L.R.6th 131.

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 1994–2023 · leading case: Luangkhot v. State, 722 S.E.2d 193 (Ga. Ct. App. 2012).

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Luangkhot v. State, 722 S.E.2d 193 (Ga. Ct. App. 2012). · cites it 2× “Phommachanh was indicted with one count of conspiracy to traffic in ecstasy (OCGA §§ 16-4-8, 16-13-31.”

Keener v. State, 449 S.E.2d 669 (Ga. Ct. App. 1994). · cites it 2× “Counts 1 and 2 of a five-count indictment jointly charged Keener and Dills with attempt to commit armed robbery (OCGA § 16-8-40) and unlawful possession of firearms, a sawed-off shotgun (OCGA § 16-11-123). This is Keener’s appeal of his convictions.”

Blankenship v. State, 477 S.E.2d 397 (Ga. Ct. App. 1996). · cites it 2× “307 (99 SC 2781, 61 LE2d 560) (1979), to authorize a rational trier of fact to find [defendant] guilty beyond a reasonable doubt of [possessing a sawed-off shotgun in violation of OCGA §§ 16-11-123 and 16-11-121 (5)].” Johnson v.”

Tommy Lamar Thomas v. State (Ga. Ct. App. 2023). · cites it 6× “More precisely, in Count Two of the indictment, Thomas was charged with possession of an illegal weapon in violation of OCGA § 16-11-123 in that, “on or about the 25th day of November, 2021, [he] did knowingly have in his possession a sawed-off rifle having a barrel length of…”

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.