Discharging Firearm While Under the Influence of Alcohol or Drugs

1. Law
2. Georgia Code
3. Crimes and Offenses
4. Offenses Against Public Order and Safety
5. Dangerous Instrumentalities and Practices
6. Carrying and Possession of Firearms
7. Discharging Firearm While Under the Influence of Alcohol or Drugs

1. It shall be unlawful for any person to discharge a firearm while:
   1. Under the influence of alcohol or any drug or any combination of alcohol and any drug to the extent that it is unsafe for the person to discharge such firearm except in the defense of life, health, and property;
   2. The person's alcohol concentration is 0.08 grams or more at any time while discharging such firearm or within three hours after such discharge of such firearm from alcohol consumed before such discharge ended; or
   3. Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the person's blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the person's breath or blood.
2. The fact that any person charged with violating this Code section is or has been legally entitled to use a drug shall not constitute a defense against any charge of violating this Code section; provided, however, that such person shall not be in violation of this Code section unless such person is rendered incapable of possessing or discharging a firearm safely as a result of using a drug other than alcohol which such person is legally entitled to use.
3. Any person convicted of violating subsection (a) of this Code section shall be guilty of a misdemeanor of a high and aggravated nature.

(Code 1981, §16-11-134, enacted by Ga. L. 1995, p. 139, § 1.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1995, this Code section, originally designated as Code Section 16-11-133, was redesignated as Code Section 16-11-134.

Editor's notes.

- Ga. L. 1995, p. 139, § 7, not codified by the General Assembly, provides that the act shall only apply to the sale and transfer of handguns after January 1, 1996, and that no local ordinance which was in effect on March 22, 1995, shall be affected by Code Section 16-11-184 until January 1, 1996, at which time, unless enacted subsequent to March 22, 1995, as provided by that Code section, any such ordinance shall be of no further force or effect, and further provides that no ordinance or regulation attempting to regulate firearms in any manner shall be enacted by any county, city, or municipality after July 1, 1995.

JUDICIAL DECISIONS

Cited in Johnson v. State, 308 Ga. 141, 839 S.E.2d 521 (2020).

RESEARCH REFERENCES

ALR.

- Removal of Trustee in Bankruptcy Under 11 U.S.C.A. § 324(a), 44 A.L.R. Fed. 3d Art. 1.

Waiver or Loss of Protection of Federal Attorney 'Work Product' Protection for Expert Witnesses Under Fed. R. Civ. P. 26(b)(3), 44 A.L.R. Fed. 3d Art. 2.

Proscription of 18 U.S.C.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. Fed. 3d Art. 3.

Balloon Payments in Chapter 13 Bankruptcy Proceedings, 44 A.L.R. Fed. 3d Art. 4.

Adoption, Rejection, and Use of "Receipt of Benefits" Test Under 11 U.S.C.A. § 523(a)(2), 44 A.L.R. Fed. 3d Art. 5.

Foreign Agents Registration Act of 1938, As Amended (22 U.S.C.A. §§ 611 et seq.), 44 A.L.R. Fed. 3d Art. 6.

Application of National Environmental Policy Act (NEPA) Antisegmentation Principle to Dredge or Fill Projects, 45 A.L.R. Fed. 3d Art. 1.

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. Fed. 3d Art. 6.

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