Can they define 'felony' this way? The way it looks, if you have a crime punishable by up to one year, not one year or more, you can be convicted as a felon in possession and do a year mandatory? But you are not denied buying a firearm in the state by the govt unless it's punishable by more than one year.
Maybe I'm reading too much into it. I saw this a looonngg time ago and just thought about it again. Seems kinda odd for those with up to a year sentences for ordinary misdmeanors like dui or whatever.
Georgia code 16-11-131.
(a) As used in this Code section, the term:
(1) '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.
(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 nor more than five 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 years.
I think it's weird they have that definition of felony, and apply it so liberally.
Maybe I'm reading too much into it. I saw this a looonngg time ago and just thought about it again. Seems kinda odd for those with up to a year sentences for ordinary misdmeanors like dui or whatever.
Georgia code 16-11-131.
(a) As used in this Code section, the term:
(1) '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.
(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 nor more than five 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 years.
I think it's weird they have that definition of felony, and apply it so liberally.