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

16-11-124. Exemptions from application of part.

This part shall not apply to:

A peace officer of any duly authorized police agency of this state or of any political subdivision thereof, or a law enforcement officer of any department or agency of the United States who is regularly employed and paid by the United States, this state, or any such political subdivision, or an employee of the Department of Corrections of this state who is authorized in writing by the commissioner of corrections to transfer or possess such firearms while in the official performance of his duties;
A member of the National Guard or of the armed forces of the United States to wit: the army, navy, marine corps, air force, or coast guard who, while serving therein, possesses such firearm in the line of duty;
Any sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon, or silencer which has been modified or changed to the extent that it is inoperative. Examples of the requisite modification include weapons with their barrel or barrels filled with lead, hand grenades filled with sand, or other nonexplosive materials;
Possession of a sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon, or silencer by a person who is authorized to possess the same because he has registered the sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon, or silencer in accordance with the dictates of the National Firearms Act, 68A Stat. 725 (26 U.S.C. Sections 5841-5862); and
A security officer employed by a federally licensed nuclear power facility or a licensee of such facility, including a contract security officer, who is trained and qualified under a security plan approved by the United States Nuclear Regulatory Commission or other federal agency authorized to regulate nuclear facility security; provided, however, that this exemption shall apply only while such security officer is acting in connection with his or her official duties on the premises of such nuclear power facility or on properties outside the facility property pursuant to a written agreement entered into with the local law enforcement agency having jurisdiction over the facility. The exemption under this paragraph does not include the possession of silencers.

(Ga. L. 1968, p. 983, § 5; Ga. L. 1985, p. 283, § 1; Ga. L. 2006, p. 812, § 1/SB 532.)

JUDICIAL DECISIONS

Inoperative weapon.

- Shotgun was best evidence as to whether the shotgun was operative or inoperative. Myrick v. State, 155 Ga. App. 496, 271 S.E.2d 637 (1980); State v. Watson, 249 Ga. App. 256, 547 S.E.2d 789 (2001).

Cited in Carson v. State, 241 Ga. 622, 247 S.E.2d 68 (1978); Simmons v. State, 246 Ga. 390, 271 S.E.2d 468 (1980).

RESEARCH REFERENCES

Am. Jur. 2d.

- 79 Am. Jur. 2d, Weapons and Firearms, § 22.

C.J.S.

- 94 C.J.S., Weapons, § 56.

ALR.

- 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.

Validity, construction, and application of provisions of National Firearms Act (26 USCS § 5845(f) and Omnibus Crime Control and Safe Streets Act (18 USCS § 921(A)(4)) defining "destructive device", 126 A.L.R. Fed. 597.

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This Georgia Code resource is curated by Graham W. Syfert, Esq., a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.