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2018 Georgia Code 16-11-134 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 16-11-134 Case Law from Google Scholar Amendments to OCGA 16-11-134

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

16-11-134. Discharging firearm while under the influence of alcohol or drugs.

  1. It shall be unlawful for any person to discharge a firearm while:
    1. Under the influence of alcohol or any drug or any combination of alcohol and any drug to the extent that it is unsafe for the person to discharge such firearm except in the defense of life, health, and property;
    2. The person's alcohol concentration is 0.08 grams or more at any time while discharging such firearm or within three hours after such discharge of such firearm from alcohol consumed before such discharge ended; or
    3. Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the person's blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the person's breath or blood.
  2. The fact that any person charged with violating this Code section is or has been legally entitled to use a drug shall not constitute a defense against any charge of violating this Code section; provided, however, that such person shall not be in violation of this Code section unless such person is rendered incapable of possessing or discharging a firearm safely as a result of using a drug other than alcohol which such person is legally entitled to use.
  3. Any person convicted of violating subsection (a) of this Code section shall be guilty of a misdemeanor of a high and aggravated nature.

(Code 1981, §16-11-134, enacted by Ga. L. 1995, p. 139, § 1.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1995, this Code section, originally designated as Code Section 16-11-133, was redesignated as Code Section 16-11-134.

Editor's notes.

- Ga. L. 1995, p. 139, § 7, not codified by the General Assembly, provides that the act shall only apply to the sale and transfer of handguns after January 1, 1996, and that no local ordinance which was in effect on March 22, 1995, shall be affected by Code Section 16-11-184 until January 1, 1996, at which time, unless enacted subsequent to March 22, 1995, as provided by that Code section, any such ordinance shall be of no further force or effect, and further provides that no ordinance or regulation attempting to regulate firearms in any manner shall be enacted by any county, city, or municipality after July 1, 1995.

Cases Citing O.C.G.A. § 16-11-134

Total Results: 6  |  Sort by: Relevance  |  Newest First

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Propst v. State, 299 Ga. 557 (Ga. 2016).

Cited 47 times | Published | Supreme Court of Georgia | Jul 5, 2016 | 788 S.E.2d 484

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Smith v. State, 882 S.E.2d 289 (Ga. 2022).

Cited 21 times | Published | Supreme Court of Georgia | Dec 20, 2022 | 315 Ga. 357

...request for a jury instruction on involuntary manslaughter. Smith’s requested involuntary manslaughter instruction was predicated on Smith having allegedly committed the misdemeanor offenses of discharging a firearm while under the influence of drugs or alcohol, OCGA § 16-11-134,7 and discharging a firearm on the property of 7OCGA § 16-11-134 provides, in pertinent part: (a) It shall be unlawful for any person to discharge a firearm while: (1) Under the influence of alcohol or any drug or any combination of alcohol and any drug to...
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Stewart v. State, 858 S.E.2d 456 (Ga. 2021).

Cited 14 times | Published | Supreme Court of Georgia | May 17, 2021 | 311 Ga. 471

...that his act or omission will cause harm or endanger the safety of the other person and the disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation is guilty of a misdemeanor.”); 16-11-134 (a) (1) (“It shall be unlawful for any person to discharge a firearm while ....
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Johnson v. State, 839 S.E.2d 521 (Ga. 2020).

Cited 11 times | Published | Supreme Court of Georgia | Feb 28, 2020 | 308 Ga. 141

...of firearms, Title 16, Chapter 11, Article 4, Part 3 also includes provisions that forbid the alteration or counterfeiting of a weapons carry license, OCGA § 16- 11-129 (g), and the discharge of firearms by persons under the influence of alcohol or drugs, OCGA § 16-11-134. 7 would.” Id....
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Savage v. State, 558 S.E.2d 701 (Ga. 2002).

Cited 7 times | Published | Supreme Court of Georgia | Jan 14, 2002 | 274 Ga. 692, 2002 Fulton County D. Rep. 161

...[3] He claims that the charge was warranted because the evidence supported the misdemeanor offenses of pointing a gun at another, OCGA § 16-11-102; [4] reckless conduct, OCGA § 16-5-60; [5] and discharging a firearm while under the influence of alcohol or drugs, OCGA § 16-11-134....
...OCGA § 16-5-60(b); Stobbart v. State, 272 Ga. 608, 611(3), 533 S.E.2d 379 (2000). Finally, the evidence did not show that Savage was under the influence of alcohol and/or any drug to the extent that it was unsafe for him to discharge a weapon. OCGA § 16-11-134....
...[6] "(a) It shall be unlawful for any person to discharge a firearm while: (1) Under the influence of alcohol or any drug or any combination of alcohol and any drug to the extent that it is unsafe for the person to discharge such firearm except in the defense of life, health, and property[.]" OCGA § 16-11-134(a)(1).
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Chambliss v. State, 896 S.E.2d 469 (Ga. 2023).

Cited 3 times | Published | Supreme Court of Georgia | Dec 19, 2023 | 318 Ga. 161

...357, 363-364 (3) (882 SE2d 289) (2022) (concluding the trial court did not err by refusing to in- struct the jury on unlawful act involuntary manslaughter predi- cated on the misdemeanors of discharging a firearm while under the influence of drugs or alcohol, OCGA § 16-11-134, and discharging a firearm on the property of another, OCGA § 16-11-104, where the same conduct amounted to the felony of possession of a firearm by a convicted felon); Welch v....