An Overview Of Crimes Involving The Possession Of Firearms And Other Dangerous Weapons
Definitions
The state of Georgia has passed laws that regulate both the possession and use of all types of firearms and dangerous weapons. Therefore, it is useful to illustrate how the Georgia legislature has defined certain key terms. Georgia Code 16-11-125.1 provides the following definitions:
(1) “Handgun” means a firearm of any description, loaded or unloaded, from which any shot, bullet, or other missile can be discharged by an action of an explosive where the length of the barrel, not including any revolving, detachable, or magazine breech, does not exceed 12 inches; provided, however, that the term “handgun” shall not include a gun which discharges a single shot of 0.46 centimeter or less in diameter.
(2) “Knife” means a cutting instrument designed for the purpose of offense and defense consisting of a blade that is greater than 12 inches in length which is fastened to a handle.
(3) “License holder” means a person who holds a valid weapons carry license.
(4) "Long gun" means a firearm with a barrel length of at least 18 inches and overall length of at least 26 inches designed or made and intended to be fired from the shoulder and designed or made to use the energy of the explosive in a fixed:
(A) Shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger or from which any shot, bullet, or other missile can be discharged; or
(B) Metallic cartridge to fire only a single projectile through a rifle bore for each single pull of the trigger; provided, however, that the term “long gun” shall not include a gun which discharges a single shot of 0.46 centimeter or less in diameter.
(5) “Weapon” means a knife or handgun.
(6) “Weapons carry license” or “license” means a license issued pursuant to Georgia Code 16-11-129.
The Crimes That Are Charged The Most Often
(1) Possession Of Firearm Or Knife During Commission Of Or Attempt To Commit Certain Crimes; Georgia Code 16-11-106;
(2) Possession Of Firearm By Convicted Felons And First Offender Probationers; Georgia Code 16-11-131; and
(3) Possession Of Handgun By Person Under The Age Of 18 Years; Georgia Code 16-11-132.
For a detailed analysis on each of these three criminal offenses that are often charged, please refer to the individual section that contains that analysis.
The Issue Of "Possession"
For these types of crimes, the issue of whether a person actually "possessed" anything is often a critical question that must be resolved.
The question of possession is but one of many possible defense that may be present. To prove possession, the State must prove two things: first, they must prove that a person knowingly intended to possess the item (intent); and second, that the person committed the act of possessing the item.
Actual vs. Constructive Possession
The issue of possession can be further broken down into two additional categories: actual possession and constructive possession. Actual possession means exactly what it sounds like. If the police find a firearm in a person's pocket, that person had actual possession of the firearm. Constructive possession is a bit more nuanced. It means you have control and dominion over an item without being in actual possession of it. For example, consider a scenario where a car is pulled over and a firearm is found in the center console, directly between the driver and the passenger. While neither are in actual possession of the firearm, both can arguably have constructive possession since both had access to the firearm in the center console.
Addison Waid has years of experience both prosecuting and defending cases involving the use and possession of firearms and other dangerous weapons.
Call The Law Office of Addison C. Waid IV, LLC today at 770-727-1088 or contact us online to see how he can help you defend this type of criminal case.
