possession of firearm by convicted felon ocga possession of firearm by convicted felon ocga

Campbell v. State, 279 Ga. App. 230, 648 S.E.2d 738 (2007). McKie v. State, 345 Ga. App. Web10.15 (a) Possession Of [A Firearm] [An Electric Weapon or Device] [Ammunition] [Or] [Carrying a Concealed Weapon] by a Person Under the Age of 24 Who Has Been Found Delinquent of an Offense that would be a Felony if Committed by an Adult 790.23 (1) (b) or (1) (d), Fla. Stat. 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,". Defendant's conviction for malice murder, possession of a firearm during the commission of a crime, and possession of a firearm by a convicted felon was supported by the evidence as: (1) the defendant told the defendant's girlfriend that the defendant knew who had taken the defendant's drugs from a motel room and that the defendant was going to get them; (2) the defendant and an accomplice forced a woman with something "glossy" on the woman's forehead; (3) the defendant told the driver to stop at a secluded area so that the defendant could put the woman "somewhere safe"; (4) the defendant threw a gun from a bridge on the return; (5) the defendant instructed the driver to clean blood from the car's backseat; and (6) the defendant told the defendant's girlfriend that the defendant had killed the person who had the defendant's drugs and told a cell mate that the defendant had shot a person. 374, 641 S.E.2d 619 (2007). 487, 562 S.E.2d 712 (2002); Reece v. State, 257 Ga. App. "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. 657, 350 S.E.2d 302 (1986). 178, 645 S.E.2d 658 (2007). Proscription of 18 U.S.C.A. Hall v. State, 322 Ga. App. Johnson v. State, 203 Ga. App. The same restriction does not apply for long guns like rifles and shotguns. Any person sentenced as a first offender pursuant to Article 3 of Chapter 8 of Title 42 or sentenced pursuant to subsection (a) or (c) of Code Section 16-13-2 and subsequently discharged without court adjudication of guilt as a matter of law pursuant to Code Section 42-8-60 or 16-13-2, as applicable, shall, upon such discharge, be relieved from the disabilities imposed by this Code section. - Defendant's conviction of possession of a firearm by a convicted felon was not precluded by collateral estoppel where defendant was acquitted of two other charges (aggravated assault and possession of a firearm during commission of a crime against a person) arising out of the same incident; the jury could have concluded that defendant had the gun but did not assault or attempt to rob the victim with it. Ingram v. State, 240 Ga. App. 16-11-131, insufficiency in the proof of this element demands entry of a judgment of acquittal as to that offense; thus, since the Court of Appeals determined that the state's evidence was insufficient to prove that the defendant was a convicted felon, it was error for that court to remand the case for a hearing on the sole issue of whether the defendant had in fact pled guilty to any prior charges. 24-14-6), to exclude every other reasonable hypothesis except that of the defendant's guilt; the defendant made several admissions to officers that constituted direct evidence including that the defendant had a gun in the defendant's bedroom and that the defendant used the gun to hunt. When the record shows two prior convictions and the records of the two convictions are so inextricably intertwined that one could not effectively be masked or otherwise removed from the jury's view, both convictions should be listed by the prosecutor. 2016 Statute. Att'y Gen. No. 16-11-126(b), and possession of a firearm by a convicted felon, O.C.G.A. 604, 327 S.E.2d 566 (1985). 3d Art. WebAny person prohibited from possessing, transporting, or carrying a firearm, ammunition for a firearm, or a stun weapon under subsection A may petition the circuit court of the jurisdiction in which he resides or, if the person is not a resident of the Commonwealth, the circuit court of any county or city where such person was last convicted of a WebWhat happens to the firearm rights of a felon will depend on what charges they faced. 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 sufficient direct and circumstantial evidence showed that the defendant, a prior felon wielding a weapon, engaged in a fight with the two victims, fatally wounding one and shooting the other in the arm, and thereafter fled from police, the defendant's convictions for involuntary manslaughter, reckless conduct, fleeing and eluding, and possession of a firearm by a convicted felon were upheld on appeal. Up to fifteen (15) years of probation. - Prior felony conviction under O.C.G.A. Martin v. State, 281 Ga. 778, 642 S.E.2d 837 (2007). Johnson v. State, 282 Ga. 235, 647 S.E.2d 48 (2007). WebPossession of a Firearm During the Commission of a Crime is a very serious felony in Georgia. Adoption, Rejection, and Use of "Receipt of Benefits" Test Under 11 U.S.C.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. 896, 418 S.E.2d 155 (1992). 17-10-7(a). 273, 297 S.E.2d 47 (1982). One crime is not "included" in the other and they do not merge. 16-11-131 - Possession of firearms by convicted felons S08C1413, 2008 Ga. LEXIS 914 (Ga. 2008). 16-11-131 is not an ex post facto law because it creates a new offense and imposes punishment for that offense only. 24, 601 S.E.2d 405 (2004). WebSPRINGFIELD, 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 convicted felon. denied, 546 U.S. 1019, 126 S. Ct. 656, 163 L. Ed. - Conviction was reversed in part because while the defendant knew the location of the shotgun, there was no evidence presented that the defendant had actual possession of the shotgun outside of possibly handing the shotgun to officers at the officers' request, nor was there evidence that the defendant was in constructive possession of the shotgun in violation of 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. In the Interest of D. B., 341 Ga. App. It is illegal for any person who has been convicted of a felony to possess a firearm. this Section, Chapter 11 - Offenses Against Public Order and Safety, Article 4 - Dangerous Instrumentalities and Practices, Part 3 - Carrying and Possession of Firearms. Senior v. State, 277 Ga. App. 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. 16-11-131; two witnesses testified that the defendant had told the witnesses that the defendant shot the victim, and one of the witnesses testified that the defendant stated that the shooting occurred during a robbery, the defendant discarded a gun that was later found to be the murder weapon while fleeing police on another crime, and the defendant admitted to police that the murder weapon was the defendant's, that the defendant stole $100 from the victims, and that the defendant shot the murder victim. Jones v. State, 350 Ga. App. - Evidence was insufficient to convict the defendant of possession of a firearm by a convicted felon because the defendant's name did not appear on the lease for the apartment and there was no evidence that the defendant had any clothing or personal items at the apartment; the only evidence linking the defendant to the gun, other than the defendant's proximity to it, was the discovery of paperwork bearing the defendant's name in a closet of the apartment; and that circumstantial evidence did not provide a link between the defendant and the gun, nor did it exclude the possibility that the gun belonged to others present in the apartment - such as the other individual detained in the bedroom or those individuals found in the living room. 16-1-7 and former24-9-20 (see now O.C.G.A. King v. State, 169 Ga. App. Scott v. State, 190 Ga. App. No error found in court's charging the language of O.C.G.A. View Entire Chapter. Edmunds v. Cowan, 192 Ga. App. V (see now Ga. Const. Jury was authorized to find that guns found in defendant's automobile were actual working firearms since there was no evidence introduced to refute a police officer's testimony that the guns were pistols. - 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. WebThe 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B) Title XLVI. This charge can land you in prison for a long time. 481, 657 S.E.2d 533 (2008), cert. 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. 16-11-131(b). Joiner v. State, 163 Ga. App. (Code 1933, 26-2914, enacted by Ga. L. 1980, p. 1509, 1; Ga. L. 1982, p. 1171, 2; Ga. L. 1983, p. 945, 1; Ga. L. 1987, p. 476, 1, 2; Ga. L. 1989, p. 14, 16; Ga. L. 2000, p. 1630, 5; Ga. L. 2012, p. 899, 8-5/HB 1176; Ga. L. 2014, p. 426, 4/HB 770; Ga. L. 2014, p. 444, 2-5/HB 271; Ga. L. 2016, p. 443, 6C-2/SB 367; Ga. L. 2017, p. 417, 3-1/SB 104; Ga. L. 2018, p. 550, 4-4/SB 407.). 16-11-131. - 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. ), 44 A.L.R. For article on the 2017 amendment of this Code section, see 34 Ga. St. U.L. denied, 129 S. Ct. 169, 172 L. Ed. 178, 786 S.E.2d 558 (2016). Web- Possession of a firearm by a convicted felon does not merge with act of shooting the firearm; therefore, a jury may find a convicted felon guilty of felony murder by treating the .020 Carrying concealed deadly weapon. 918, 368 S.E.2d 771 (1988); Spivey v. State, 193 Ga. App. 742, 627 S.E.2d 448 (2006). 2. S10P1859, 2011 Ga. LEXIS 267 (Ga. 2011). 1203(2). denied, 552 U.S. 833, 128 S. Ct. 60, 169 L. Ed. 523, 359 S.E.2d 416 (1987). Fed. P. 26(b)(3), 44 A.L.R. Section 925, shall, upon presenting to the Board of Public Safety proof that the relief has been granted and it being established from proof submitted by the applicant to the satisfaction of the Board of Public Safety that the circumstances regarding the conviction and the applicant's record and reputation are such that the acquisition, receipt, transfer, shipment, or possession of firearms by the person would not present a threat to the safety of the citizens of Georgia and that the granting of the relief sought would not be contrary to the public interest, be granted relief from the disabilities imposed by this Code section. Simpson v. State, 213 Ga. App. You already receive all suggested Justia Opinion Summary Newsletters. 301, 460 S.E.2d 871 (1995). For annual survey on criminal law, see 69 Mercer L. Rev. 16-11-131 merged with the defendant's conviction of felony murder under O.C.G.A. McKee v. State, 280 Ga. 755, 632 S.E.2d 636 (2006). Hightower v. State, 278 Ga. 39, 597 S.E.2d 362 (2004). - 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. Tampa, FL - United States Attorney Roger B. Handberg announces the return of an indictment charging Martez Manning (26, St. Petersburg) with one count of possession - Jury was authorized to find that the disassembled rifle was a firearm within the statutory definition. (a) As used in this Code section, the term: (1) Felony means In a prosecution for possession of a firearm by a convicted felon, armed robbery, and possession of a firearm during the commission of a crime, trial of the charges together was not required since defendant made no motion to sever and, in view of the limiting instructions given and the weight of the testimony of the victim and a corroborating witness, proof of a prior conviction did not place defendant's character in issue to such an extent as to affect the verdict on the armed robbery and firearm charges. IV. 388, 691 S.E.2d 283 (2010). - Defendant's conviction for possession of a firearm by a convicted felon was reversed because the defendant established ineffective assistance of counsel for counsel's failure to object to the witness's testimony that improperly bolstered the investigator's testimony and credibility. Defendant's conviction of possession of a firearm by a convicted felon was proper because the act of any one of the conspirators involved was the act of all, and because the defendant's co-conspirator possessed a weapon, it followed that the defendant was in constructive possession of the weapon. 711, 350 S.E.2d 53 (1986). 16-11-131, defendant was not entitled to the immunity offered by 16-3-24.2 State v. Burks, 285 Ga. 781, 684 S.E.2d 269 (2009). Harvey v. State, 344 Ga. App. Possession of Jolly v. State, 183 Ga. App. 148, 742 S.E.2d 767 (2013); Banks v. State, 329 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. According to court O.C.G.A. 16-3-21(a) and 16-11-138. 42, 520 S.E.2d 746 (1999); Evans v. State, 240 Ga. App. - Unit of prosecution under O.C.G.A. Layne v. State, 313 Ga. App. WebThe suspect was a convicted felon who was not allowed to possess a firearm and was currently out on bond for Assault Against a Family Member. 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. denied, No. O.C.G.A. 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. Evidence was sufficient to support the defendant's convictions for trafficking in cocaine, possession of a firearm during the commission of a felony, possession of a firearm by a convicted felon, and felony fleeing or attempting to elude based on the defendant's involvement in a police chase that included speeds in excess of 100 m.p.h. 18 U.S. Code 3665 - Firearms possessed by convicted Absent a pardon, such an applicant commits a felony under O.C.G.A. You're all set! 6 for failure to request a bifurcated trial on felony murder under O.C.G.A. What constitutes "constructive possession" of unregistered or otherwise prohibited weapon under state law, 88 A.L.R.5th 121. Extradition Treaties Between United States of America and United Kingdom of Great Britain and Northern Ireland - United States and United Kingdom Cases, 45 A.L.R. Wells v. State, 281 Ga. 253, 637 S.E.2d 8 (2006). WebNORFOLK, Va. An Isle of Wight man was sentenced today to 81 months in prison for being a convicted felon in possession of firearms and ammunition. 374, 626 S.E.2d 579 (2006). Glass v. State, 181 Ga. App. 7, 806 S.E.2d 302 (2017). 16-3-24.2. 172, 523 S.E.2d 31 (1999). I, Sec. .010 Definitions for chapter. 80-122. 744, 566 S.E.2d 450 (2002), overruled in part by Ross v. State, 279 Ga. 365, 614 S.E.2d 31 (2005). Jury was authorized to find the defendant guilty of voluntary manslaughter, O.C.G.A. - With regard to a defendant's convictions on two counts of armed robbery, possession of a firearm during the commission of a crime, failure to obey a traffic control device, fleeing and attempting to elude a police officer, reckless driving, failure to stop at the scene of an accident, and possession of a firearm by a convicted felon, the trial court properly denied the defendant's motion for a new trial and sufficient evidence existed to support the defendant's convictions as the trial court did not err in admitting into evidence certain bullets found in the defendant's possession at the time of the defendant's arrest based on the state allegedly not providing a proper chain of custody; the bullets, unlike fungible articles, were distinct and recognizable physical objects that were identifiable by observation, eliminating the necessity of a chain-of-custody showing. XIV and U.S. Fain v. State, 259 Ga. 708, 386 S.E.2d 144 (1989). We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Construction with O.C.G.A. This site is protected by reCAPTCHA and the Google, There is a newer version of the Georgia Code, CHAPTER 11 - OFFENSES AGAINST PUBLIC ORDER AND SAFETY, ARTICLE 4 - DANGEROUS INSTRUMENTALITIES AND PRACTICES, PART 3 - CARRYING AND POSSESSION OF FIREARMS. Possession of a Firearm by Convicted Felon | Burns Smith Gun possession may be restricted based on various factors, including: Age/Type of Gun: Federal law prohibits the sale of a handgun to anyone under age 18. Defendant's possession of a handgun when the defendant shot the victim on July 29, 2012, was not simultaneous with the defendant's possession of the long guns on August 2, 2012, when the defendant carried them from the house and hid them in the overgrown area of the backyard; thus, those convictions did not merge. Admission of a certified copy of defendant's five-year sentence for a prior conviction of armed robbery showing both that defendant had pled guilty to armed robbery and that defendant had been represented by counsel satisfied the requirement of O.C.G.A. - Unauthorized possession of weapon by person confined in penal institution, 42-5-63. 521, 295 S.E.2d 219 (1982). 16-11-131(b) merely based on circumstantial evidence that failed, in violation of former O.C.G.A. Porter v. State, 275 Ga. App. denied, 464 U.S. 1069, 104 S. Ct. 975, 79 L. Ed. Hicks v. State, 287 Ga. App. Ledesma v. State, 251 Ga. 487, 306 S.E.2d 629 (1983), cert. 770, 728 S.E.2d 286 (2012). 16-11-131 was tantamount to a directed verdict, requiring reversal. 421, 718 S.E.2d 335 (2011). 10, 424 S.E.2d 310 (1992). Haggins v. State, 277 Ga. App. Bivins v. State, 166 Ga. App. 310, 520 S.E.2d 466 (1999). 1976, Art. 135, 395 S.E.2d 574 (1990). - Police search of a defendant's bag and person, which produced handguns, cocaine, cash, and other drugs was lawful because the search was made pursuant to the police officers' lawful warrantless arrest of the defendant when the defendant arrived at a motel room exactly answering a detailed description provided by a confidential informant, who stated that the defendant would be carrying a shoulder bag containing drugs and a loaded handgun. denied, No. Frederick Johnson, Jr. is charged with murder and unlawful A drug dealer told police that the drug dealer saw the defendant shoot the victim, although the drug dealer said at trial that the drug dealer did not see the shooting; the drug dealer's spouse testified as to a statement by the drug dealer that was inconsistent with the drug dealer's trial testimony; and another prosecution witness testified that before the shooting, the defendant said that the defendant was "going to get" the victim and that afterward, the defendant said, "I told you I was going to do" the victim. 16-3-21 and16-11-138, then it could not be said that the defendant was committing a felony when the defendant shot the victim, and the preclusive bar of 16-3-21(b)(2) would not apply. The Florida Senate Ziegler v. State, 270 Ga. App. Can Convicted Felons Have Guns in Texas? A Guide to Firearms Laws Evidence that the defendant, who threatened to kill the victim in the past, took the victim to a retention pond, shot the victim, wrapped the body with a large boulder, placed the victim in a retention pond, and, for days, misled the victim's mother and authorities about the victim's whereabouts was sufficient to support convictions for malice murder, felony murder, feticide, aggravated assault, and possession of a firearm. - In a prosecution for violation of O.C.G.A. Criminal Jury Instructions Chapter 10 denied, 192 Ga. App. 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. 616, 386 S.E.2d 39, cert. 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 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.". Firearm Possession - Trial counsel was ineffective in failing to seek to redact the portion of a defendant's first offender plea that related to carrying a concealed weapon. 2d 50 (2007). 16-11-106, and possession of a firearm by a first offender probationer under O.C.G.A. 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. 16-5-2, felony murder predicated on possession of a firearm by a convicted felon in violation of O.C.G.A. Construction with 16-3-24.2. of - Trial court's charge that "the fact that a convicted felon obtains a license to carry a pistol is no defense to a charge of being a Convicted Felon in Possession of a Firearm" was correct. Count of possession of firearm by convicted felon does not merge with related armed robbery charge. - Georgia Supreme Court held that the phrase any firearm, as used in O.C.G.A. I, Para. 790.23 324, 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). Chapter 790. 5, 670 S.E.2d 824 (2008). 174, 764 S.E.2d 187 (2014); Patterson v. State, 347 Ga. App. Can a Felon Buy Ammo Evidence was sufficient to sustain the defendant's convictions of two counts of armed robbery under O.C.G.A. 130, 392 S.E.2d 896 (1990). 165, 661 S.E.2d 226 (2008), cert. Davis v. State, 287 Ga. App. 2d 213 (1984). 899, 379 S.E.2d 199 (1989); Clark v. State, 206 Ga. App. Fact that weapon was acquired for self-defense or to prevent its use against defendant as defense in prosecution for violation of state statute prohibiting persons under indictment for, or convicted of, crime from acquiring, having, carrying, or using firearms or weapons, 39 A.L.R.4th 967. denied, 506 U.S. 839, 113 S. Ct. 118, 121 L. Ed. Construction with O.C.G.A. Brown v. State, 268 Ga. App. Possession Little v. State, 195 Ga. App. 16-11-131. Under 18 U.S.C. Walker v. State, 281 Ga. 157, 635 S.E.2d 740 (2006), cert. Warren v. State, 289 Ga. App. 291, 585 S.E.2d 207 (2003). Sufficiency of evidence of possession in prosecution under state statute prohibiting persons under indictment for, or convicted of, crime from acquiring, having, carrying, or using firearms or weapons, 43 A.L.R.4th 788. 16-11-131(b); the crime is committed when one who is currently on probation as a first offender possesses a firearm.