HB499.html

To amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to increase the criminal penalty with respect to possession of firearms by convicted felons and first offender probationers; to increase the criminal penalty for certain persons convicted of certain crimes who have prior convictions; to repeal conflicting laws; and for other purposes.

Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, is amended by striking subsection (b) of Code Section 16-11-131, relating to possession of firearms by convicted felons and first offender probationers, and inserting in its place a new subsection (b) to read as follows:
"(b) Any person who is on probation as a felony first offender pursuant to Article 3 of Chapter 8 of Title 42 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~~ five nor more than ~~five~~ ten years; provided, however, that if the felony as to 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~~ ten years."

Said part is further amended by striking subsection (b) of Code Section 16-11-133, relating to minimum periods of confinement for persons convicted who have prior convictions, and inserting in its place a new subsection (b) to read as follows:
"(b) Any person who has previously been convicted of or who has previously entered a guilty plea to the offense of murder, armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, aggravated sexual battery, or any felony involving the use or possession of a firearm and who shall have on or within arm´s reach of his or her person a firearm during the commission of, or the attempt to commit:
(1) Any crime against or involving the person of another;
(2) The unlawful entry into a building or vehicle;
(3) A theft from a building or theft of a vehicle;
(4) Any crime involving the possession, manufacture, delivery, distribution, dispensing, administering, selling, or possession with intent to distribute any controlled substance as provided in Code Section 16-13-30; or
(5) Any crime involving the trafficking of cocaine, marijuana, or illegal drugs as provided in Code Section 16-13-31,
and which crime is a felony, commits a felony and, upon conviction thereof, shall be punished by confinement for a period of 15 20 years, such sentence to run consecutively to any other sentence which the person has received."