What’s the best Georgia criminal defense for unlawful weapons possession?
Unlawful weapons possession in Georgia covers several distinct offenses, and how a case is analyzed depends on which one is charged. One of the most serious is possession of a firearm by a convicted felon under O.C.G.A. 16-11-131, which prohibits firearm possession by a person previously convicted of a felony. Other charges arise from carrying or possession in particular circumstances.
For a felon-in-possession charge, the elements include a qualifying prior felony and possession of a firearm. Whether a prior conviction meets the statutory definition of a felony, and whether the person actually possessed a firearm, are therefore central questions. The statute defines a firearm broadly, and Georgia courts have addressed what qualifies.
Possession itself is frequently a focus. Possession can be actual or constructive, and where a firearm was located somewhere other than on the accused, such as in a vehicle or a residence, the analysis turns on whether they had the power and intention to control it. Equal access by others to the place where a weapon was found can bear on this question.
How a weapon came to be discovered can also matter. A firearm found during a stop, a vehicle search, or a search of a residence raises questions about the lawful basis for that search, and a successful suppression motion under O.C.G.A. 17-5-30 can remove the weapon from the evidence the state relies on.
Which specific offense is charged tends to set the terms of the case. A felon-in-possession charge centers on the prior conviction and the fact of possession, while other questions, whether possession was actual or constructive and whether a search was lawful, can become decisive depending on how the firearm came to light.