481, 657 S.E.2d 533 (2008), cert. Belt v. State, 225 Ga. App. Fed. I, Sec. 291, 585 S.E.2d 207 (2003). 45 (2018). Get free summaries of new opinions delivered to your inbox! 2d 122 (2008). There are nearly 22 million guns owned in the Lone Evidence supported the defendant's convictions for malice murder, felony murder, aggravated assault, armed robbery, possession of a firearm by a convicted felon, and possession of a firearm during the commission of a crime. 640, 448 S.E.2d 745 (1994). 165, 661 S.E.2d 226 (2008), cert. 16-11-131 cannot also be used to punish a defendant as a repeat offender under O.C.G.A. 16-11-131(b) if the felon carries a firearm. Evidence was sufficient to support defendant's conviction for possession of a firearm by a convicted felon under O.C.G.A. Wyche v. State, 291 Ga. App. Murray v. State, 309 Ga. App. 301, 460 S.E.2d 871 (1995). 16-11-131. Fain v. State, 259 Ga. 708, 386 S.E.2d 144 (1989). 16-11-131, because in determining whether a sentence is a felony, the established consideration is what sentence can be imposed under the law, not what was imposed. 233, 303 S.E.2d 773 (1983); Mayweather v. State, 254 Ga. 660, 333 S.E.2d 597 (1985); Hamilton v. State, 179 Ga. App. Warren v. State, 289 Ga. App. 2d 74 (1992); Holcomb v. State, 231 Ga. App. 88; Gray v. State, 254 Ga. App. O.C.G.A. - See Wofford v. State, 262 Ga. App. The 2017 amendment, effective July 1, 2017, in the middle of subsection (e), inserted "hijacking a" and inserted "in the first degree". denied, No. 16-11-131 as the state was not required to prove that the gun was operational at the time the defendant possessed the gun. Fed. 24-4-6 (see now O.C.G.A. 6. Lawson v. State, 280 Ga. 881, 635 S.E.2d 134 (2006). Webprobationers are generally forbidden to possess firearms, and if a convicted felon or felony first-offender probationer unlawfully possesses a firearm, he commits a felony. Williams v. State, 238 Ga. App. Count of possession of firearm by convicted felon does not merge with related armed robbery charge. For article on the 2012 amendment of this Code section, see 29 Ga. St. U.L. - Testimony by a ballistics expert proving the operability of the firearm is not required for conviction under O.C.G.A. WebAs convicted felons, Frazier and Stalsby are prohibited by federal law from owning or possessing firearms or ammunition. Rev. 105, 650 S.E.2d 767 (2007). Parramore v. State, 277 Ga. App. The range of fine is $50$500. 16-11-131(b) was found ambiguous and permitted only one prosecution and conviction for the simultaneous possession of multiple firearms. 616, 386 S.E.2d 39, cert. Any offense occurring before July 1, 2012, shall be governed by the statute in effect at the time of such offense and shall be considered a prior conviction for the purpose of imposing a sentence that provides for a different penalty for a subsequent conviction for the same type of offense, of whatever degree or level, pursuant to this Act.". 16-5-21, possession of a firearm during the commission of a felony under O.C.G.A. Unlawful Possession of a Firearm by Convicted Felon in Collin County, Texas. Martin v. State, 281 Ga. 778, 642 S.E.2d 837 (2007). 16-11-131(b), the defendant was not entitled to a jury instruction on involuntary manslaughter under O.C.G.A. denied, 464 U.S. 1069, 104 S. Ct. 975, 79 L. Ed. Culpepper v. State, 312 Ga. App. Driscoll v. State, 295 Ga. App. 372, 626 S.E.2d 567 (2006). 744, 566 S.E.2d 450 (2002), overruled in part by Ross v. State, 279 Ga. 365, 614 S.E.2d 31 (2005). 627, 636 S.E.2d 779 (2006). Trial court did not err in denying the defendant's motion to suppress evidence a police officer recovered from a rental car because the officer had reasonable grounds for detaining the defendant since the officer found the defendant and a friend in the parking lot of a closed business late at night, knew that several burglaries and thefts had occurred in the area recently, and observed that the defendant and the friend appeared to be nervous when the officer spoke with them; in the course of securing a firearm the officer saw a firearm in the center console of the rental car, the officer saw in plain view a digital scale with white residue, affording the officer probable cause to effect a custodial arrest of the defendant. - Defendant's contention that the evidence was not sufficient to convict defendant of possessing firearms while a convicted felon because the weapons were not tendered into evidence is without merit. Fed. An individual accused of robbery takes property belonging to another with the intent to deprive the owner of their possession. Convicted felon's conviction for possession of a shotgun was authorized, even though the shotgun was not in the felon's immediate possession, where the evidence supported a finding that the felon was a party to the crime of burglary and the felon and codefendant were co-conspirators. Edvalson v. State, Ga. , S.E.2d (Sept. 28, 2020). 324(a), 44 A.L.R. In the Interest of D. B., 341 Ga. App. Campbell v. State, 279 Ga. App. WebPossession of Firearm by a Convicted Felon or First Offender Probationer. V (see now Ga. Const. 1203(2). Under 18 U.S.C. Fed. Platt v. State, 291 Ga. 631, 732 S.E.2d 75 (2012). - Possession of an antique shotgun while a convicted felon was sufficient to sustain a conviction under O.C.G.A. Smith v. State, 192 Ga. App. 280, 390 S.E.2d 425 (1990). As used in this Code section, the term "forcible felony" means any felony which involves the use or threat of physical force or violence against any person and further includes, without limitation, murder; murder in the second degree; burglary in any degree; robbery; armed robbery; home invasion in any degree; kidnapping; hijacking of an aircraft or hijacking a motor vehicle in the first degree; aggravated stalking; rape; aggravated child molestation; aggravated sexual battery; arson in the first degree; the manufacturing, transporting, distribution, or possession of explosives with intent to kill, injure, or intimidate individuals or destroy a public building; terroristic threats; or acts of treason or insurrection. Quinn v. State, 255 Ga. App. After the defendant was found guilty of rape and aggravated assault, a separate guilt/innocence trial was held on the firearm possession charge, wherein the state introduced into evidence, without objection, a certified copy of the defendant's guilty plea and sentence for the crime of voluntary manslaughter, which testimony and documentary evidence from the combined proceedings sufficiently established that the defendant was guilty of possession of a firearm by a convicted felon. Sufficient evidence supported the defendant's convictions of two counts of felony murder under O.C.G.A. Ledesma v. State, 251 Ga. 487, 306 S.E.2d 629 (1983), cert. Hutchison v. State, 218 Ga. App. 1980 Op. denied, 552 U.S. 833, 128 S. Ct. 60, 169 L. Ed. "Firearm" includes any handgun, rifle, shotgun, or other weapon which will or can be converted to expel a projectile by the action of an explosive or electrical charge. denied, 464 U.S. 1069, 104 S. Ct. 975, 79 L. Ed. S08C0978, 2008 Ga. LEXIS 508 (Ga. 2008). Mantooth v. State, 335 Ga. App. - Jury was authorized to find that the disassembled rifle was a firearm within the statutory definition. The good news is that you have options. - Evidence that the defendant was in possession of a handgun "around the time of the shooting" was relevant and material to a charge of possession of a weapon by a convicted felon. 178, 786 S.E.2d 558 (2016). denied, No. 16-5-21, possession of a firearm by a convicted felon in violation of O.C.G.A. 493, 349 S.E.2d 490 (1986); Booker v. State, 257 Ga. 37, 354 S.E.2d 425 (1987); Jackson v. State, 186 Ga. App. The offenses charged were separate and distinct and there was no merger; evidence used to establish the burglary was not again used to establish the later crime of possession of a weapon by a convicted felon. 2016 Statute. - It is the public policy of Georgia that possession of firearms by convicted felons generally presents a threat to the safety of the citizens of the state. - Since the state offered as proof of defendant's previous felony conviction a certified copy of the 1974 burglary conviction of one Henry Levi Glass and defendant presented no evidence contradicting that defendant was the person named in the 1974 documents, it was held that concordance of name alone is some evidence of identity and that in the absence of any denial by defendant and no proof to the contrary, this concordance of name was sufficient to show that defendant and the individual previously convicted were the same person. 130, 392 S.E.2d 896 (1990). 16-11-131 any offense with a maximum sentence exceeding 12 months, even those denominated "misdemeanor" by the rendering jurisdiction; section was held partly unconstitutional in that it failed to give sufficient notice as to what out-of-state convictions could be used in support of the charge. denied, No. State Journal-Register. Sufficiency of evidence as to nature of firearm in prosecution under state statute prohibiting persons under indictment for, or convicted of, crime from acquiring, having, carrying, or using firearms, 37 A.L.R.4th 1179. 492, 379 S.E.2d 199, cert. Jones v. State, 282 Ga. 306, 647 S.E.2d 576 (2007). - Because defendant's three prior felony convictions, and a subsequent conviction of possession of a firearm by a convicted felon as a result of one or more of those felonies, remained separate felonies that could be used to impose a recidivist punishment for the commission of yet another felony, and defendant did not seek to collaterally attack any of those convictions, the recidivists sentences imposed under O.C.G.A. WebThe punishment for possession of a firearm by a convicted felon is significant. 16-11-131(c) mandating the granting of a pardon. Evidence supported convictions of malice murder, possessing a firearm during the commission of that murder, and possession of a weapon by a convicted felon. WebGeorgia Code 16-11-131. There was sufficient evidence to support a defendant's convictions of malice murder, felony murder, armed robbery, aggravated assault, attempted burglary, and possession of a firearm by a convicted felon; in addition to testimony by a codefendant and eyewitness testimony by the victim's spouse, the victim's blood was on the defendant's clothes, the defendant had the victim's keys, and the knife used to kill the victim and a pistol were discovered near the site of the defendant's arrest in some woods near the scene of the crime. 918, 368 S.E.2d 771 (1988); Spivey v. State, 193 Ga. App. (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 852, 350 S.E.2d 835 (1986); Marshall v. State, 193 Ga. App. 2d 50 (2007). There was sufficient evidence to support the defendant's convictions of felony murder, possession of a firearm by a convicted felon, and possession of a firearm during the commission of a felony; a witness who sold drugs for the defendant got into a dispute with a third person over drugs before the shooting, the defendant upon seeing the victim asked the witness if the victim was the third person in question and then shot the victim, and witnesses placed the defendant at the scene of the crime and testified that the witnesses saw the defendant carrying a gun. Johnson v. State, 203 Ga. App. Warren v. State, 289 Ga. App. Despite the trial court's abuse of discretion in rejecting the defendant's offer to stipulate to a prior conviction for aggravated child molestation, that error was harmless as it was undisputed that the defendant was a convicted felon, admitted to possessing the firearm, and failed to give any justification for possession or offer any evidence of a legal reason to do so. Sign up for our free summaries and get the latest delivered directly to you. Daogaru v. Brandon, F.3d (11th Cir. 163, 290 S.E.2d 159 (1982). 614, 340 S.E.2d 256 (1986). - Prior felony conviction under O.C.G.A. 742, 627 S.E.2d 448 (2006). Web(b) If a felon is convicted of a criminal offense other than possession of a firearm by a convicted felon, and he or she possessed a firearm in commission of that offense, then the felon shall be penalized for violating this section one (1) class more severely if it is a second or subsequent violation of this section. S09C0986, 2009 Ga. LEXIS 341 (Ga. 2009). For article on the 2018 amendment of this Code section, see 35 Ga. St. U.L. Defendant was not convicted of possession of a firearm by a convicted felon under O.C.G.A. - In a case in which the evidence showed that defendant, a convicted felon, used a firearm to shoot the deceased, a trial court erred in granting defendant's motion to quash the indictment under O.C.G.A. Nonforcible felon who has been free of restraint or supervision for five years is not eligible to apply for a license to carry firearms unless the felon obtains a pardon within the meaning of O.C.G.A. Balloon Payments in Chapter 13 Bankruptcy Proceedings, 44 A.L.R. 813, 485 S.E.2d 39 (1997). Charles Randy Payton Lewis, 29, was arrested in September 2022 and (b.1)Any person who is prohibited by this Code section from possessing a firearm because of conviction of a forcible felony or because of being on probation as a first offender or under conditional discharge for a forcible felony and who attempts to purchase or obtain transfer of a firearm shall be guilty of a felony and upon conviction shall be punished by imprisonment for not less than one year nor more than five years; provided, however, that upon a second or subsequent conviction, such person shall be punished by imprisonment for not less than five nor more than ten years. WebWhat happens to the firearm rights of a felon will depend on what charges they faced. Robinson v. State, 281 Ga. App. 0:57. S08C0978, 2008 Ga. LEXIS 508 (Ga. 2008). Evidence was sufficient to find the defendant guilty of voluntary manslaughter in violation of O.C.G.A. - To support a conviction for possession of a firearm by a convicted felon, the state need only prove that the accused is a convicted felon and in possession of a firearm as defined in O.C.G.A. 5, 670 S.E.2d 824 (2008). Those convicted of federal crimes face the worst trouble. 24-1.1. After the plaintiff appealed a district court's dismissal with prejudice of the complaint seeking declaratory and injunctive relief to prevent the plaintiff's prosecution for violating 18 U.S.C. 21-6304. Convictions for possession of a firearm by a convicted felon and possession of a firearm during the commission of a felony did not merge, where one crime was not "included" in the other, and each involved proof of distinct essential elements. Ingram v. State, 240 Ga. App. Malcolm v. State, 263 Ga. 369, 434 S.E.2d 479 (1993). - To the extent that the appellant argued that the trial court erred in imposing consecutive sentences, the argument was without merit because the trial court had broad discretion to impose either a concurrent or consecutive sentence for possession of a firearm by a convicted felon, and the record did not show that the court made that decision under a misapprehension about the scope of the court's discretion. denied, 552 U.S. 833, 128 S. Ct. 60, 169 L. Ed. Fed. Jury was authorized to find the defendant guilty of voluntary manslaughter, O.C.G.A. 16-11-131 is a reasonable regulation authorized by the police power and thus is not violative of Ga. Const. - One charged with possession of a firearm by a convicted felon was prohibited from collaterally attacking a prior felony conviction that served as the predicate offense since O.C.G.A. 922(g)(3) that Persons Who Are Unlawful Users of or Addicted to Any Controlled Substance Cannot Possess Any Firearm or Ammunition in or Affecting Commerce, 44 A.L.R. Coates v. State, 304 Ga. 329, 818 S.E.2d 622 (2018). - Because no exigency existed to justify a search after the defendant was handcuffed and placed under the watchful eye of a police officer, and even assuming that the defendant was under arrest while being detained in the kitchen, a search of the defendant's bedroom, which yielded a shotgun found under the bed in the bedroom, a box of unspent shotgun shells, and some loose unspent shotgun shells, was not one incident to an arrest; thus, the defendant's possession of a firearm while a convicted felon conviction was reversed, and the case was remanded for a new trial in which the illegally-obtained evidence could not be introduced. Any person who is on probation as a felony first offender pursuant to Article 3 of Chapter 8 of Title 42, who is on probation and was sentenced for a felony under subsection (a) or (c) of Code Section 16-13-2, or who has been convicted of a felony by a court of this state or any other state; by a court of the United States including its territories, possessions, and dominions; or by a court of any foreign nation and who receives, possesses, or transports any firearm commits a felony and, upon conviction thereof, shall be imprisoned for not less than one year nor more than ten years; provided, however, that upon a second or subsequent conviction, such person shall be imprisoned for not less than five nor more than ten years; provided, further, that if the felony for which the person is on probation or has been previously convicted is a forcible felony, then upon conviction of receiving, possessing, or transporting a firearm, such person shall be imprisoned for a period of five years. The District Attorneys Office 697, 536 S.E.2d 565 (2000); Scott v. State, 276 Ga. 195, 576 S.E.2d 860 (2003); Laster v. State, 276 Ga. 645, 581 S.E.2d 522 (2003). An order of restoration of civil rights granted by the State Board of Pardons and Paroles which expressly authorizes an individual to receive, possess, or transport a firearm satisfies the requirements of O.C.G.A. Evidence supported defendant's conviction for possession of a firearm by a convicted felon as defendant's possession of the victim's handgun and shotgun on the night of the crimes was shown by the victim's direct testimony, rather than by circumstantial evidence, since: (1) the victim testified that two men forced their way into the victim's house, hit the victim in the head with a blunt object, recovered a .380 caliber handgun and a 20-gauge single-barrel shotgun, forced the victim to give them thousands of dollars the victim had hidden in the attic, and then fled; (2) during a consensual search, the police found a .380 caliber handgun hidden in the defendant's bedroom that was identified as the victim's by the victim and that bore the same serial number as the victim's gun; and (3) the victim identified defendant in a photo array and at trial; thus, the evidence authorized the jury to find that the defendant was in actual possession of the handgun and that defendant continued to be in at least constructive possession of the handgun when the handgun was found in defendant's bedroom. Cade v. State, 351 Ga. App. I, Para. 3d Art. - Unit of prosecution under O.C.G.A. - Trial court erred in failing to merge, for purposes of sentencing, the defendant's convictions for possession of a firearm during the commission of a crime and possession of a firearm by a convicted felon with use of a firearm by a convicted felon during the commission of another felony, because the same act was used to establish each of the offenses and each crime did not require proof of a fact not required by the other. Despite the defendant's contrary contentions, evidence seized via the execution of a valid search warrant, specifically a substantial amount of methamphetamine, a set of scales in a case marked "dope kit inside," a .38 revolver, common tools of the drug trade, written instructions for making pure ephedrine, a loose bag of vitamin B-12 commonly used to dilute methamphetamine, over $2,000 in cash, and evidence that the defendant installed a video surveillance system to monitor the front door and driveway, both a trafficking in methamphetamine and possession of a weapon by a convicted felon conviction were supported by sufficient evidence. 137, 570 S.E.2d 424 (2002); Herring v. State, 277 Ga. 317, 588 S.E.2d 711 (2003); Thornton v. State, 288 Ga. App. Walker v. State, 281 Ga. 157, 635 S.E.2d 740 (2006), cert. 16-11-131; the victims of both armed robberies, who testified as to the defendant's conduct of holding the victims up with a gun and taking cash, identified the defendant as the perpetrator, and when the officers apprehended the defendant, the defendant had a gun. 324, 316 S.E.2d 791, rev'd on other grounds, 253 Ga. 429, 322 S.E.2d 228 (1984), overruled in part by Ross v. State, 279 Ga. 365, 614 S.E.2d 31 (2005). Because Georgia abolished the inconsistent verdict rule, and despite the fact that the jury found that the defendant did not commit armed robbery, this did not preclude the trial judge from finding the defendant guilty of possessing a firearm while a convicted felon given evidence that: (1) the defendant's status as a convicted felon was not contested; and (2) the defendant was in constructive possession of the firearm used by another to commit the crimes charged and conspired to possess the firearm as a party to the crime. Walker v. State, 281 Ga. 157, 635 S.E.2d 740 (2006), cert. Belt v. State, 225 Ga. App. .010 Definitions for chapter. - Georgia Supreme Court held that the phrase any firearm, as used in O.C.G.A. Fain v. State, 259 Ga. 708, 386 S.E.2d 144 (1989). (a) As used in this Code section, the term: (1) Felony means Charles Lewis. - State Board of Pardons and Paroles has authority to restore, in a pardon to a Georgian convicted of a felony, the right to receive, possess or transport in commerce a firearm, so long as the pardon expressly uses wording which appears in 18 U.S.C. 365, 427 S.E.2d 792 (1993). 617, 591 S.E.2d 481 (2003). 16-1-7 and former24-9-20 (see now O.C.G.A. Landers v. State, 250 Ga. 501, 299 S.E.2d 707 (1983). .040 Possession of firearm by convicted felon -- Exceptions -- Applicability to youthful offenders. Bryant v. State, 169 Ga. App. 911, 386 S.E.2d 868 (1989); Black v. State, 261 Ga. 791, 410 S.E.2d 740 (1991), cert. Hightower v. State, 278 Ga. 39, 597 S.E.2d 362 (2004). 16-11-131 provides sufficient notice to a person of ordinary intelligence that a conviction by an out-of-state court of a crime, which authorized punishment of up to three years in prison, is a felony conviction for purposes of the statute. 572, 754 S.E.2d 151 (2014). When the defendant shot a victim in the head after an argument and also shot at another victim but failed to hit the second victim, a rational trier of fact could have found beyond a reasonable doubt that the defendant was guilty of felony murder, possession of a firearm during the commission of a crime, and possession of a firearm by a convicted felon. 16-11-126(c), which concerns carrying a concealed weapon. 15-11-2 and "firearm" included "handguns" under O.C.G.A. - Evidence that the defendant was found in possession of two black powder guns was sufficient to support the convictions for possession of a firearm during the commission of a crime and by a convicted felon. 1976, Art. WebThe law concerning Unlawful Possession of a Firearm is found in Texas Penal Code Section 46.04: (a) A person who has been convicted of a felony commits an offense if he Clark v. State, 194 Ga. App. 314, 387 S.E.2d 602 (1989); 123 A.L.R. The US Supreme Court on Monday limited new trials for felons convicted for being in possession of a firearm, limiting the retroactive application of its 2019 decision Rehaif v. United States. - Firearms found in the defendant's girlfriend's room, occupied by the defendant and defendant's girlfriend at the time of arrest, were properly admitted as being relevant to prove the necessary elements of O.C.G.A. 16-11-131(b). It follows that the unlawful possession of a firearm by a convicted felon or felony first-offender probationer will preclude the felon or I, Para. The 2018 amendment, effective July 1, 2018, in subsection (b), inserted ", who is on probation and was sentenced for a felony under subsection (a) or (c) of Code Section 16-13-2," near the middle, inserted "year", and substituted "ten years" for "five years" in the middle, in the proviso, inserted "upon a second or subsequent conviction, such person shall be imprisoned for not less than five nor more than ten years; provided, further, that", and substituted "for" for "as to" in the middle of the proviso; in paragraph (b.1), inserted "or under conditional discharge", deleted "pursuant to this Code section" following "forcible felony" near the middle, inserted "upon conviction", inserted "year" in the middle, and added the proviso; and, in subsection (f), substituted "sentenced" for "placed on probation" near the beginning, and, in the middle, inserted "or sentenced pursuant to subsection (a) or (c) of Code Section 16-13-2" and inserted "or 16-13-2, as applicable,". Herndon v. State, 277 Ga. App. State v. Santerfeit, 163 Ga. App. Martin v. State, 306 Ga. 538, 832 S.E.2d 402 (2019). 210, 348 S.E.2d 736 (1986); Dickerson v. State, 180 Ga. App. Haggins v. State, 277 Ga. App. 16-11-106, as the defendant was angered by the victim's presence in the residence, the defendant assaulted the victim with a baseball bat and threatened to kill the victim if the victim did not leave the residence, and when the victim returned to the residence, the defendant fatally shot the victim in the stomach. This charge can land you in prison for a long time. 783, 653 S.E.2d 107 (2007). Convictions of felony murder, possession of a firearm during the commission of a crime, and possession of a firearm by a convicted felon were supported by sufficient evidence showing that, during an argument involving the defendant and the two victims, the defendant told one of the victims to go get the victim's guns, adding that the defendant had guns, the victim went to the victim's vehicle and retrieved two handguns, approached with arms crossed and a gun in each hand, and the defendant took a gun out of the waistband of the defendant's pants and started shooting, wounding one victim and killing the other victim. 273, 297 S.E.2d 47 (1982). For annual survey on criminal law, see 69 Mercer L. Rev. 474, 646 S.E.2d 695 (2007). 421, 718 S.E.2d 335 (2011). With regard to a defendant's conviction on two counts of possession of a firearm by a convicted felon, the trial court did not err in denying the defendant's motion for directed verdict based on the defendant's contention that a prior out-of-state conviction was not a felony conviction; given that the defendant was convicted of an offense that carried a maximum punishment of three years in prison, the trier of fact properly concluded that the defendant had been convicted of an offense punishable by imprisonment for a term of one year or more, pursuant to O.C.G.A. Fact that gun was broken, dismantled, or inoperable as affecting criminal responsibility under weapons statute, 81 A.L.R.4th 745. 2d 213 (1984). SPRINGFIELD, Ill. A federal jury returned a guilty verdict on February 22, 2023, against Aaron Jackson, 30, of Springfield, Ill. for knowingly possessing a firearm as a - Trial court had no obligation to bifurcate a trial for possession of a firearm by a convicted felon from other unrelated charges in the same indictment where defendant made no motion to bifurcate. Const., amend. 6. 10, 424 S.E.2d 310 (1992). Evidence that handguns belonging to a passenger in a defendant's car, that the handguns were within an arm's reach of the defendant during the commission of felony drug offenses, that the defendant knew that the passenger carried guns for protection while in the drug trade in which the defendant actively participated, and that the defendant was a first offender probationer was sufficient to show that the defendant jointly and constructively possessed the handguns in violation of O.C.G.A. - Evidence supported the defendant's contention that the defendant shot the victim in self-defense; therefore, if the defendant's possession of a firearm at the shooting was justified under the rule created under O.C.G.A.

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