As used in this part, the term:
provided, however, that the term "long gun" shall not include a gun which discharges a single shot of 0.46 centimeter or less in diameter.
(Code 1981, §16-11-125.1, enacted by Ga. L. 2010, p. 963, § 1-1/SB 308; Ga. L. 2017, p. 555, § 3/HB 292; Ga. L. 2018, p. 1112, § 16/SB 365.)
The 2017 amendment, effective May 8, 2017, substituted "12 inches" for "five inches" in paragraph (2).
The 2018 amendment, effective May 8, 2018, part of an Act to revise, modernize, and correct the Code, substituted "0.46 centimeter or less" for ".46 centimeters or less" near the end of paragraph (1) and in the undesignated language at the end of subparagraph (4)(B).
Editor's notes.- Ga. L. 2010, p. 963, § 3-1/SB 308, not codified by the General Assembly, provides, in part, that this Code section shall apply to all offenses committed on and after June 4, 2010, and shall not affect any prosecutions for acts occurring before June 4, 2010, and shall not act as an abatement of any such prosecution.
Ga. L. 2017, p. 555, § 1/HB 292, not codified by the General Assembly, provides that: "The General Assembly finds that:
"(1) The ownership of firearms is a clear and explicit right protected by the United States Constitution and the Constitution of this state;
"(2) Access to financial services provides for the functioning of a firearms industry and, thus, the constitutionally protected right of firearm ownership; and
"(3) The provisions of this Act are intended to implement the constitutional protections provided for under the law."
Law reviews.- For article, "Crimes and Offenses," see 27 Ga. St. U.L. Rev. 131 (2011).
JUDICIAL DECISIONS
Evidence sufficient for adjudication of possession of small-caliber revolver.
- Adjudication of delinquency was affirmed because the officer's testimony that the weapon was inside the juvenile's pocket and the description of the weapon as a small-caliber revolver was sufficient evidence from which the juvenile court could have found beyond a reasonable doubt that the juvenile committed the crime charged. In the Interest of A. P., 348 Ga. App. 638, 824 S.E.2d 94 (2019). For article on the veto of proposed legislation allowing the legal possession of a concealed firearm for individuals with a Georgia Weapons Carry License on property owned or leased by a technical school, college, or university, see 33 Ga. St. U.L. Rev. 21 (2016).
Evidence insufficient to prove weapon was handgun or long gun.
- After the motion to suppress hearing was converted to an adjudicatory hearing, the state retained the burden of proof to present evidence to support each element of the weapons possession offenses of possession of a handgun by a person under the age of 18, and possession and carrying of a handgun or a long gun by persons prohibited by law from such possession, but the state failed to carry the state's burden of proof to establish the elements of the weapons possession offenses by failing to show that the weapon met the definition of a handgun or long gun; furthermore, the state's failure to raise an objection to the procedure and the state's acquiesce to it did not constitute induced error or relieve the state of the state's burden of proof. In the Interest of A. A., 334 Ga. App. 37, 778 S.E.2d 28 (2015).
Cited in GeorgiaCarry.Org, Inc. v. Atlanta Botanical Garden, Inc., 306 Ga. 829, 834 S.E.2d 27 (2019).