O.C.G.A.
O.C.G.A.

O.C.G.A. § 16-11-128 (2019)

Carrying pistol without license

✓ 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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Reserved. Repealed by Ga. L. 2010, p. 963, § 1-6/SB 308, effective June 4, 2010.

Annotations

Editor’s notes. - This Code section was based on Ga. L. 1910, p. 134, §§ 1, 4; Code 1933, § 26-5103; Code 1933, § 26-2903, enacted by Ga. L. 1968, p.

1249, § 1; Ga. L. 1976, p. 1430, § 3; Ga. L. 1996, p. 108, § 2; Ga. L. 2007, p. 47, § 16/SB 103. Ga. L. 2010, p. 963, § 3-1/SB 308, not

codified by the General Assembly, provides, in part, that the repeal of this Code section shall apply to all offenses committed on and after June 4, 2010, and shall

not affect any prosecutions for acts occurring before June 4, 2010, and shall not act as an abatement of any such prosecution.

Notes of Decisions
Cited in 18 cases, 1983–2014 · leading case: Favors v. State, 355 S.E.2d 109 (Ga. Ct. App. 1987).
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Favors v. State, 355 S.E.2d 109 (Ga. Ct. App. 1987). · cites it 6× “Favors was convicted of carrying a concealed weapon (OCGA § 16-11-126 (a)), carrying a pistol without a license (OCGA § 16-11-128 (a)), and possession of a firearm by a felon (OCGA § 16-11-131 (b)).”
Skinner v. State, 733 S.E.2d 506 (Ga. Ct. App. 2012). · cites it 6× “Based on the foregoing, we affirm the judgment in Case No. A12A1583. Judgments affirmed.”
Moore v. State, 649 S.E.2d 337 (Ga. Ct. App. 2007). · cites it 4× “A Butts County jury found Richard Moore guilty beyond a reasonable doubt of involuntary manslaughter, OCGA § 16-5-3 (a); aggravated assault, OCGA § 16-5-21 (a) (2); possession of a firearm during the commission of a felony, OCGA § 16-11-106 (b) (1); and carrying a pistol without…”
In the Interest of D. M., 706 S.E.2d 683 (Ga. Ct. App. 2011). · cites it 4× “Among other things, the applicable version of OCGA § 16-11-128 (a) required proof that a person carried a pistol or revolver outside his home, motor vehicle or business without having a valid license on his person, whereas OCGA § 16-11-132 (b) required proof that a person under…”
Strawder v. State, 427 S.E.2d 792 (Ga. Ct. App. 1993). · cites it 4× “The fingerprint card gave "date of offense" as "12-18-89," "date of arrest" as "12-18-89," "date" of the fingerprints as "12-18-89," and via Code section numbers referred to the offenses of possession of firearms by convicted felon (OCGA § 16-11-131), carrying a pistol without a…”
Goss v. State, 301 S.E.2d 662 (Ga. Ct. App. 1983). · cites it 4× “§ 26-2903 (now OCGA § 16-11-128), carrying a pistol without a license (of which the defendant was also convicted in the case at bar and in McCroy ), it certainly cannot be said that the weapon would be concealed.”
Jordan v. State, 304 S.E.2d 522 (Ga. Ct. App. 1983). · cites it 2× “Under OCGA § 16-11-128 (Code Ann. § 26-2903), a person commits the offense of carrying a pistol without a license “.”
Hubbard v. State, 435 S.E.2d 709 (Ga. Ct. App. 1993). · cites it 2× “” OCGA § 16-11-128. Appellant argues that he was not guilty of carrying a pistol “outside of his home, motor vehicle, or place of business” without a license.”
Barnett v. State, 440 S.E.2d 247 (Ga. Ct. App. 1994). · cites it 2× “Barnett appeals from his conviction for carrying a concealed weapon, OCGA § 16-11-126 (a), carrying a pistol without a license, OCGA § 16-11-128 (a), carrying a pistol at a public gathering, OCGA § 16-11-127 (a), discharging a firearm near a public highway, OCGA § 16-11-103, and…”
Watkins v. State, 695 S.E.2d 394 (Ga. Ct. App. 2010). · cites it 2× “OCGA § 16-11-128 provides: (a) A person commits the offense of carrying a pistol without a license when he has or carries on or about his person, outside of his home, motor vehicle, or place of business, any pistol or revolver without having on his person a valid license issued…”
State v. Carrion, 758 S.E.2d 632 (Ga. Ct. App. 2014). · cites it 2× “In April 1989, Pedro Acevedo Carrion pled guilty to carrying a pistol without a license (OCGA § 16-11-126) and carrying a concealed *297 weapon (former OCGA § 16-11-128). Twenty-four years later, Carrion filed a motion in state court seeking to withdraw his plea on the basis…”
Felder v. State, 662 S.E.2d 826 (Ga. Ct. App. 2008). · cites it 2× “A Crisp County jury found Christopher David Felder guilty of aggravated assault, OCGA § 16-5-21 (a) (2); possession of a firearm by a convicted felon, OCGA § 16-11-131 (b); and carrying a handgun without a license, OCGA § 16-11-128 (a). Felder appeals from the order denying his…”
Show all 18 citing cases →
— 16-11-128(a) — 1 case
In Re Dm, 706 S.E.2d 683 (Ga. Ct. App. 2011).
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