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Have you been charged with Possession of a Firearm, Tools, or Knife during the Commission of a Felon

While Georgia laws are more lenient when one is “carrying” a firearm, there is less leniency when one is in possession of a firearm when committing a crime. In Georgia, if you bring a weapon to commit an offense it is assumed that you are intending and/or willing to hurt or kill another person. The State of Georgia considers it a separate crime to possess a weapon when one is committing illegal acts. Which means that you can be charged with two separate crimes for the same offense.

What does the law say?

OCGA 16-11-106 states that it is a felony for any person to have within arm’s reach of their person a firearm or a knife having a blade of three or more inches in length during the commission of, or the attempt to commit any of the following offenses:

  1. Any crime against another person

  2. The unlawful entry into a building or vehicle

  3. The theft from a building or vehicle

  4. Any crime involving possession, manufacture, delivery, distribution dispensing, administering, selling, or possession with intent to distribute ANY controlled substance or

  5. Any crime involving trafficking drugs (methamphetamine, marijuana, cocaine, etc.)

Under this statute “within arm’s reach” means to have immediate access to.

What is the punishment for possession of a firearm during the commission of a felony?

A first conviction is punishable by five (5) years in prison CONSECUTIVELY.

A second or subsequent conviction for possession of a firearm by a felon is punishable by a sentence of ten (10) years in prison consecutively (cannot be suspended or probated).

Under the law the sentence for this charge will run consecutive to the underlying crime. This means that the sentence cannot run concurrently (at the same time) as the underlying felony. For example, if you commit a burglary and are sentenced to 5 years in prison and receive a sentence of 5 years for carrying a firearm, your total sentence is 10 years in prison.

If you or someone you know needs help with weapon charges in DeKalb County, having a lawyer help you through the process can ensure your rights are protected. Contact the JBM Law Office today for a free consultation.

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