Weapons Related Georgia CodeFound In LexisNexis by searching for "16-11-133" or in the TOC under:|
Title 16 - CRIMES AND OFFENSES
Chapter 11 - OFFENSES AGAINST PUBLIC ORDER AND SAFETY
Article 4 - DANGEROUS INSTRUMENTALITIES AND PRACTICES
Part 3 - CARRYING AND POSSESSION OF FIREARMS
The code sections are all Copyright © by The State of Georgia
O.C.G.A. § 16-11-133
Minimum periods of confinement for persons convicted who have prior convictions
(a) As used in this Code section, the term:
(1) "Felony" means any offense punishable by imprisonment for a
term of one year or more and includes conviction by a court-martial under the
Uniform Code of Military Justice for an offense which would constitute a felony
under the laws of the United States.
(2) "Firearm" includes any handgun, rifle, shotgun, stun gun, taser,
or other weapon which will or can be converted to expel a projectile by the
action of an explosive or electrical charge.
(b) Any person who has previously been convicted of or who has previously
entered a guilty plea to the offense of murder, murder in the second degree,
armed robbery, home invasion in any degree, kidnapping, rape, aggravated child
molestation, aggravated sodomy, aggravated sexual battery, or any felony
involving the use or possession of a firearm and who shall have on or within
arm's reach of his or her person a firearm during the commission of, or the
attempt to commit:
(1) Any crime against or involving the person of another;
(2) The unlawful entry into a building or vehicle;
(3) A theft from a building or theft of a vehicle;
(4) Any crime involving the possession, manufacture, delivery,
distribution, dispensing, administering, selling, or possession with intent to
distribute any controlled substance as provided in Code Section 16-13-30; or
(5) Any crime involving the trafficking of cocaine, marijuana, or
illegal drugs as provided in Code Section 16-13-31,
and which crime is a felony, commits a felony and, upon conviction thereof,
shall be punished by confinement for a period of 15 years, such sentence to run
consecutively to any other sentence which the person has received.
(c) Upon the second or subsequent conviction of a convicted felon under this
Code section, such convicted felon shall be punished by confinement for life.
Notwithstanding any other law to the contrary, the sentence of any convicted
felon which is imposed for violating this Code section a second or subsequent
time shall not be suspended by the court and probationary sentence imposed in
(d) Any crime committed in violation of subsections (b) and (c) of this Code
section shall be considered a separate offense.
HISTORY: Code 1981, § 16-11-133, enacted by Ga. L. 1995, p. 137, § 1; Ga. L. 2014, p. 426, § 5/HB 770; Ga. L. 2014, p. 444, § 2-6/HB 271.