- Because the defendant presented sufficient evidence to show that trial counsel was ineffective in failing to stipulate to the defendant's felon status or to obtain a jury charge limiting the jury's consideration of the defendant's criminal history, such failures prejudiced the defendant's defense sufficiently to require a new trial on a charge of aggravated assault; however, given the defendant's admission to possessing a gun at the time of the altercation, no prejudice resulted to warrant reversal and a new trial on the possession of a firearm by a convicted felon conviction. 16-11-131, and introduction of evidence of previous conviction during trial of issue of guilt was not error. - State Board of Pardons and Paroles has authority to restore, in a pardon to a Georgian convicted of a felony, the right to receive, possess or transport in commerce a firearm, so long as the pardon expressly uses wording which appears in 18 U.S.C. 790.23 783, 653 S.E.2d 107 (2007). - Clear impact of O.C.G.A. 448, 352 S.E.2d 642 (1987). 7, 806 S.E.2d 302 (2017). For article on the 2017 amendment of this Code section, see 34 Ga. St. U.L. Cobb v. State, 283 Ga. 388, 658 S.E.2d 750 (2008). Since the defendant's first-offender probation expired prior to the date on which the defendant was alleged to have possessed a firearm and the state presented no evidence that the defendant possessed a firearm during the term of probation and prior to the defendant's discharge, the defendant's conviction for possession of a firearm by a first-offender probationer had to be reversed. 280, 390 S.E.2d 425 (1990). 523, 359 S.E.2d 416 (1987). Merely having once been sentenced to a term of probation as a first offender is not an element of the crime defined in O.C.G.A. 657, 350 S.E.2d 302 (1986). Trial court did not err in denying the defendant's motion to suppress evidence a police officer recovered from a rental car because the officer had reasonable grounds for detaining the defendant since the officer found the defendant and a friend in the parking lot of a closed business late at night, knew that several burglaries and thefts had occurred in the area recently, and observed that the defendant and the friend appeared to be nervous when the officer spoke with them; in the course of securing a firearm the officer saw a firearm in the center console of the rental car, the officer saw in plain view a digital scale with white residue, affording the officer probable cause to effect a custodial arrest of the defendant. 16-8-41(a) and possession of a firearm by a convicted felon under O.C.G.A. Web- Possession of a firearm by a convicted felon does not merge with act of shooting the firearm; therefore, a jury may find a convicted felon guilty of felony murder by treating the What constitutes actual or constructive possession of unregistered or otherwise prohibited firearm in violation of 26 USCS 5861, 133 A.L.R. 17-10-7, when the state had already used that conviction in support of the charge of possession of a firearm by a convicted felon because the defendant failed to object at sentencing to the exhibit containing the conviction. IV. 444, 313 S.E.2d 144 (1984). 16-11-106, and possession of a firearm by a first offender probationer under O.C.G.A. - In a prosecution of defendant for possession of a firearm by a convicted felon, introduction of evidence showing defendant had a prior criminal record was necessary to prove the charge. 178, 645 S.E.2d 658 (2007). 6. 115, 717 S.E.2d 698 (2011). 801, 701 S.E.2d 202 (2010). 617, 591 S.E.2d 481 (2003). Convictions for possession of a firearm by a convicted felon and possession of a firearm during the commission of a felony did not merge, where one crime was not "included" in the other, and each involved proof of distinct essential elements. What amounts to "control" under state statute making it illegal for felon to have possession or control of firearm or other dangerous weapon, 66 A.L.R.4th 1240. Whitt v. State, 281 Ga. App. 16-11-126(b), and possession of a firearm by a convicted felon, O.C.G.A. Evidence was sufficient to find the defendant guilty of voluntary manslaughter in violation of O.C.G.A. 143, 444 S.E.2d 115 (1994). denied, 192 Ga. App. Hall v. State, 322 Ga. App. 735, 691 S.E.2d 626 (2010). 16-11-131; although the defendant claimed that the defendant acted in self-defense, the jury was free to reject the defendant's claim. A: Previously, there was a misdemeanor called carrying a weapon without a license (in addition to the felony of possession of a firearm by a convicted felon). 16-5-1, two counts of aggravated assault in violation of O.C.G.A. 2d 50 (2007). Warren v. State, 289 Ga. App. 16-11-129(b)(3). denied, 464 U.S. 1069, 104 S. Ct. 975, 79 L. Ed. - Because the only evidence before the jury regarding the defendant's status as a convicted felon was the entry of a guilty plea to a crime that could have been either a felony or a misdemeanor, the evidence failed to provide the jury with a sufficient basis for finding that element beyond a reasonable doubt; consequently, the defendant's conviction for possession of a firearm by a convicted felon had to be reversed. The maximum penalty for being a felon in possession of a firearm is 10 years in prison and a $250,000 fine. 601, 462 S.E.2d 648 (1995). Coursey v. State, 196 Ga. App. 24-4-6 (see now O.C.G.A. 331, 631 S.E.2d 388 (2006). In the Interest of D. B., 341 Ga. App. Davis v. State, 287 Ga. App. 215, 522 S.E.2d 506 (1999); Green v. State, 244 Ga. App. Criminal possession of a firearm by a convicted felon. 365, 427 S.E.2d 792 (1993). in a residential area and the defendant's attempt to flee on foot; a backpack that the defendant was carrying while running from the police and which was recovered from the roof of the house around which the defendant had disappeared had drugs and a pistol in the backpack. 139 (2016). 80-122. Hicks v. State, 287 Ga. App. The four victims were found dead in two hotel rooms from gunshot wounds to the back of their heads; identification documents belonging to the four victims were found in the defendant's car; there was expert testimony that the defendant's gun had been used to kill the victims; the defendant's baseball cap contained one victim's deoxyribonucleic acid; there was evidence that the defendant and two friends used three victims' tickets to attend a football game after the victims were murdered; the defendant was identified as being in an elevator with one victim; the defendant was seen leaving the hotel with one victim's cooler; and a duffle bag belonging to one victim was in the defendant's car when the defendant was arrested on weapons charges. 290 (2012). When the state's evidence showed that the defendant pulled into a parking lot while the victim was robbing a friend of the defendant's, waited in the defendant's car until the victim came around a corner, and then shot the victim three times without the victim ever having aimed the victim's gun at the defendant, there was sufficient evidence to convict the defendant of felony murder based on the defendant's killing the victim while being a convicted felon in possession of a firearm in violation of O.C.G.A. One crime is not "included" in the other and they do not merge. 786, 653 S.E.2d 104 (2007). 16-11-131, and introduction of evidence of such previous conviction during trial of issue of guilt is not error. 42, 520 S.E.2d 746 (1999); Evans v. State, 240 Ga. App. Evidence was sufficient to sustain the defendant's convictions of two counts of armed robbery under O.C.G.A. S10P1859, 2011 Ga. LEXIS 267 (Ga. 2011). 828, 711 S.E.2d 387 (2011). Warren v. State, 289 Ga. App. - Evidence supported the defendant's contention that the defendant shot the victim in self-defense; therefore, if the defendant's possession of a firearm at the shooting was justified under the rule created under O.C.G.A. - O.C.G.A. O.C.G.A. (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 Evidence supported a defendant's conviction of possession of a firearm by a convicted felon even though the only evidence presented during the separate guilt/innocence phase on that charge was the certified copy of the defendant's indictment, guilty plea, and sentence for the felony offense of theft by taking; the jury was properly instructed that the jury was authorized to consider the evidence presented in the first guilt/innocence phase of the trial, as well as the evidence presented in the second guilt/innocence phase, in reaching the jury's verdict regarding the charge of possession of a firearm by a convicted felon. Drummer v. State, 264 Ga. App. Unlawful Possession of a Firearm by Convicted Felon in Collin County, Texas. Evidence was sufficient to convict the defendant of burglary, aggravated assault, possession of a firearm during the commission of the aggravated assault, and possession of a firearm by a convicted felon because a house-sitter returned to a residence to discover an intruder inside; the intruder flashed a gun and told the house-sitter that the intruder would shoot the house-sitter; the house-sitter identified the defendant, whom the house-sitter had known for over 20 years, as the intruder; and a back window of the home had been shattered. - Because defendant was found guilty of malice murder, defendant was properly convicted also of a possession count, it being unrelated to malice murder. U80-32. 17-10-7. Since defendant possessed the firearm in violation of O.C.G.A. 105, 733 S.E.2d 407 (2012). Starling v. State, 285 Ga. App. 608, 722 S.E.2d 351 (2012). Fact that gun was broken, dismantled, or inoperable as affecting criminal responsibility under weapons statute, 81 A.L.R.4th 745. 16-11-131. SPRINGFIELD, Ill. A federal jury returned a guilty verdict on February 22, 2023, against Aaron Jackson, 30, of Springfield, Ill. for knowingly possessing a firearm as a 63 (2018). A drug dealer told police that the drug dealer saw the defendant shoot the victim, although the drug dealer said at trial that the drug dealer did not see the shooting; the drug dealer's spouse testified as to a statement by the drug dealer that was inconsistent with the drug dealer's trial testimony; and another prosecution witness testified that before the shooting, the defendant said that the defendant was "going to get" the victim and that afterward, the defendant said, "I told you I was going to do" the victim. 565, 677 S.E.2d 752 (2009). 291, 585 S.E.2d 207 (2003). 16-11-131, criminalizing a felon's firearm possession, gave insufficient notice to defendant that the Pennsylvania misdemeanor could be a predicate felony for a charge under the statute. Fed. - When officers went to a defendant's residence to conduct a probation search based on a tip that the defendant was involved with drugs, as the defendant willingly led the officers to a concealed gun, and voluntarily furnished a urine sample that tested positive for methamphetamine, the defendant gave valid consent to the search, which eliminated the need for either probable cause or a search warrant under U.S. After the defendant was found guilty of rape and aggravated assault, a separate guilt/innocence trial was held on the firearm possession charge, wherein the state introduced into evidence, without objection, a certified copy of the defendant's guilty plea and sentence for the crime of voluntary manslaughter, which testimony and documentary evidence from the combined proceedings sufficiently established that the defendant was guilty of possession of a firearm by a convicted felon. It follows that the unlawful possession of a firearm by a convicted felon or felony first-offender probationer will preclude the felon or - Defendant's conviction of possession of a firearm by a convicted felon was not precluded by collateral estoppel where defendant was acquitted of two other charges (aggravated assault and possession of a firearm during commission of a crime against a person) arising out of the same incident; the jury could have concluded that defendant had the gun but did not assault or attempt to rob the victim with it. Williams v. State, 238 Ga. App. Scott v. State, 190 Ga. App. 2d 213 (1984). "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. Wright v. State, 279 Ga. App. 178, 786 S.E.2d 558 (2016). 24-1.1. Get free summaries of new opinions delivered to your inbox! WebNORFOLK, Va. An Isle of Wight man was sentenced today to 81 months in prison for being a convicted felon in possession of firearms and ammunition. 127, 386 S.E.2d 868 (1989), cert. 434, 346 S.E.2d 881 (1986); Hall v. State, 180 Ga. App. Ingram v. State, 240 Ga. App. Daughtry v. State, 180 Ga. App. 73 (2017). Prather v. State, 247 Ga. 789, 279 S.E.2d 697 (1981); Favors v. State, 182 Ga. App. 16-11-131 is not an ex post facto law because it creates a new offense and imposes punishment for that offense only. Adkins v. State, 164 Ga. App. Butler v. State, 272 Ga. App. Parramore v. State, 277 Ga. App. Charles Randy Payton Lewis, 29, was arrested in September 2022 and 813, 485 S.E.2d 39 (1997). - Victim's testimony at trial sufficiently identified the defendant as the assailant who fired shots at the victim and the evidence was sufficient to support convictions for aggravated assault, possession of a firearm during the commission of a crime, and possession of a firearm by a convicted felon since the victim knew the defendant from a previous encounter and although it was dark, the victim was able to see the defendant's face during the incident because the area was illuminated by a streetlight. Bryant v. State, 169 Ga. App. State v. Mills, 268 Ga. 873, 495 S.E.2d 1 (1998). this Section, Chapter 11 - Offenses Against Public Order and Safety, Article 4 - Dangerous Instrumentalities and Practices, Part 3 - Carrying and Possession of Firearms. 16-11-131(a)(2). - Because defendant's three prior felony convictions, and a subsequent conviction of possession of a firearm by a convicted felon as a result of one or more of those felonies, remained separate felonies that could be used to impose a recidivist punishment for the commission of yet another felony, and defendant did not seek to collaterally attack any of those convictions, the recidivists sentences imposed under O.C.G.A. Defendant waived defendant's objection to the trial court's consideration of a particular conviction in aggravation of sentencing under the recidivist statute, O.C.G.A. Tanner v. State, 259 Ga. App. With regard to a defendant's conviction on two counts of possession of a firearm by a convicted felon, the trial court did not err in denying the defendant's motion for directed verdict based on the defendant's contention that a prior out-of-state conviction was not a felony conviction; given that the defendant was convicted of an offense that carried a maximum punishment of three years in prison, the trier of fact properly concluded that the defendant had been convicted of an offense punishable by imprisonment for a term of one year or more, pursuant to O.C.G.A. Hutchison v. State, 218 Ga. App. You can explore additional available newsletters here. Thompson v. State, 168 Ga. App. 16-11-131, which prohibits possession of a firearm by a convicted felon. 16, 673 S.E.2d 537 (2009), cert. Brooks v. State, 285 Ga. 424, 677 S.E.2d 68 (2009). Alvin v. State, 287 Ga. App. WebAs convicted felons, Frazier and Stalsby are prohibited by federal law from owning or possessing firearms or ammunition. The KRS database was last updated on 03/02/2023. The 2016 amendment, effective July 1, 2016, substituted "as a matter of law pursuant to Code Section 42-8-60" for "pursuant to Code Section 42-8-62" near the middle of subsection (f). If you are found in possession of a firearm with the intent to use it unlawfully, 618, 829 S.E.2d 820 (2019). 922(g)(1), convicted felons lose gun rights. - Possession of an antique shotgun while a convicted felon was sufficient to sustain a conviction under O.C.G.A. 324, 316 S.E.2d 791, rev'd on other grounds, 253 Ga. 429, 322 S.E.2d 228 (1984), overruled in part by Ross v. State, 279 Ga. 365, 614 S.E.2d 31 (2005). - Proof of previous felony conviction is necessary element of state's proof under O.C.G.A. Up to $10,000 in fines. 474, 646 S.E.2d 695 (2007). For article on the 2012 amendment of this Code section, see 29 Ga. St. U.L. When there was no evidence that a pistol was not a firearm, the evidence was sufficient to support the jury's finding that the pistol was such beyond a reasonable doubt. There was sufficient evidence to support a defendant's convictions of malice murder, felony murder, armed robbery, aggravated assault, attempted burglary, and possession of a firearm by a convicted felon; in addition to testimony by a codefendant and eyewitness testimony by the victim's spouse, the victim's blood was on the defendant's clothes, the defendant had the victim's keys, and the knife used to kill the victim and a pistol were discovered near the site of the defendant's arrest in some woods near the scene of the crime. 16-11-131(b), the defendant was not entitled to a jury instruction on involuntary manslaughter under O.C.G.A. 16-11-131 is not an ex post facto law. 6. Evidence establishing that the defendant was a convicted felon included not only the defendant's guilty plea to a charge of first-degree forgery, a felony, but also the defendant's admissions in closing argument that the defendant had been convicted on just that charge; thus, the evidence was sufficient to convict the defendant of possession of a firearm by a convicted felon. 16-11-131, because in determining whether a sentence is a felony, the established consideration is what sentence can be imposed under the law, not what was imposed. Walker v. State, 281 Ga. 157, 635 S.E.2d 740 (2006), cert. denied, 129 S. Ct. 169, 172 L. Ed. 604, 327 S.E.2d 566 (1985). 421, 718 S.E.2d 335 (2011). Robinson v. State, 281 Ga. App. - Trial counsel was ineffective in failing to seek to redact the portion of a defendant's first offender plea that related to carrying a concealed weapon. Suluki v. State, 302 Ga. App. Convicted felon's conviction for possession of a shotgun was authorized, even though the shotgun was not in the felon's immediate possession, where the evidence supported a finding that the felon was a party to the crime of burglary and the felon and codefendant were co-conspirators. The 2017 amendment, effective July 1, 2017, in the middle of subsection (e), inserted "hijacking a" and inserted "in the first degree". Belt v. State, 225 Ga. App. Jones v. State, 282 Ga. 306, 647 S.E.2d 576 (2007). 1986 Op. 16-11-131(b), because during an argument with the victims, the defendant shot the victims and threatened to kill the victims. 197, 626 S.E.2d 169 (2006). The plea to carrying a concealed weapon, a misdemeanor, was not an element of the current charge of the possession of a firearm by a first offender probationer under O.C.G.A. Defendant was not convicted of possession of a firearm by a convicted felon under O.C.G.A. WEAPONS AND FIREARMS. Evidence supported defendant's conviction for possession of a firearm by a convicted felon as defendant's possession of the victim's handgun and shotgun on the night of the crimes was shown by the victim's direct testimony, rather than by circumstantial evidence, since: (1) the victim testified that two men forced their way into the victim's house, hit the victim in the head with a blunt object, recovered a .380 caliber handgun and a 20-gauge single-barrel shotgun, forced the victim to give them thousands of dollars the victim had hidden in the attic, and then fled; (2) during a consensual search, the police found a .380 caliber handgun hidden in the defendant's bedroom that was identified as the victim's by the victim and that bore the same serial number as the victim's gun; and (3) the victim identified defendant in a photo array and at trial; thus, the evidence authorized the jury to find that the defendant was in actual possession of the handgun and that defendant continued to be in at least constructive possession of the handgun when the handgun was found in defendant's bedroom. Fed. 16-11-126(c), which concerns carrying a concealed weapon. An individual accused of robbery takes property belonging to another with the intent to deprive the owner of their possession. No error found in court's charging the language of O.C.G.A. 2d 50 (2007). (a) As used in this Code section, the term: (1) Felony means Web10.15 (a) Possession Of [A Firearm] [An Electric Weapon or Device] [Ammunition] [Or] [Carrying a Concealed Weapon] by a Person Under the Age of 24 Who Has Been Found Delinquent of an Offense that would be a Felony if Committed by an Adult 790.23 (1) (b) or (1) (d), Fla. Stat. Absent a pardon, such an applicant commits a felony under O.C.G.A. 16-5-21, possession of a firearm during the commission of a felony under O.C.G.A. 247, 304 S.E.2d 95 (1983); McGee v. State, 173 Ga. App. 5, 670 S.E.2d 824 (2008). 16-11-131. 233, 303 S.E.2d 773 (1983); Mayweather v. State, 254 Ga. 660, 333 S.E.2d 597 (1985); Hamilton v. State, 179 Ga. App. Fed. Att'y Gen. No. denied, No. 372, 626 S.E.2d 567 (2006). Harris v. State, 283 Ga. App. There are nearly 22 million guns owned in the Lone WebPossession of Firearm by a Convicted Felon or First Offender Probationer. WebWhat happens to the firearm rights of a felon will depend on what charges they faced. 16-11-131(b), indicated that the quantity of firearms was inconsequential and that the gravamen of the offense was the general receipt, possession, or transportation of firearms by convicted felons, rather than the specific quantity of firearms received, possessed, or transported and, therefore, the statute unambiguously permitted only one conviction for simultaneous possession of any number of firearms. 557, 612 S.E.2d 865 (2005). Sufficient evidence supported the defendant's convictions of two counts of felony murder under O.C.G.A. 3d Art. 16-11-131. 734, 783 S.E.2d 133 (2016). 16-11-131(c) mandating the granting of a pardon. 2. Mantooth v. State, 335 Ga. App. - Prior felony conviction under O.C.G.A. WebThe suspect was a convicted felon who was not allowed to possess a firearm and was currently out on bond for Assault Against a Family Member. Testimony provided by two accomplices, together with inside information wherein defendant learned about the location of the robbery, the security camera on the premises, the people that worked there, how many people worked there, who was in the back area, and about the safe, when coupled with the fact that the gunman was not captured on the security camera, provided some evidence, though slight, that the robber had such inside information; under the circumstances, the accomplices' testimony was sufficiently corroborated, and the jury was authorized to find defendant guilty of armed robbery, possession of a firearm during the commission of a felony, and possession of a firearm by a convicted felon. S09C0986, 2009 Ga. LEXIS 341 (Ga. 2009). There was sufficient evidence to support the defendant's convictions of felony murder, possession of a firearm by a convicted felon, and possession of a firearm during the commission of a felony; a witness who sold drugs for the defendant got into a dispute with a third person over drugs before the shooting, the defendant upon seeing the victim asked the witness if the victim was the third person in question and then shot the victim, and witnesses placed the defendant at the scene of the crime and testified that the witnesses saw the defendant carrying a gun. P. 26(b)(3), 44 A.L.R. This site is protected by reCAPTCHA and the Google, There is a newer version 16-11-131, the trial court did not err in instructing the jury on the definitions of constructive and joint possession to enable the jury to consider whether defendant "possessed" the weapon within the meaning of that section. - Trial court's charge that "the fact that a convicted felon obtains a license to carry a pistol is no defense to a charge of being a Convicted Felon in Possession of a Firearm" was correct. Evidence that the defendant, a convicted felon, accompanied the victim to a store with the codefendant; shot the victim in the head with a handgun that the defendant had in defendant's possession; thereby, causing a wound in which the victim lost one eye; and along with the codefendant took all the victim's money was sufficient to support the defendant's conviction for and possession of a firearm by a convicted felon. 627, 636 S.E.2d 779 (2006). Get free summaries of new opinions delivered to your inbox! 911, 386 S.E.2d 868 (1989); Black v. State, 261 Ga. 791, 410 S.E.2d 740 (1991), cert. Possession of firearms by convicted felons and first offender probationers (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 Fed. Georgia Code 16-11-131. 896, 418 S.E.2d 155 (1992). 16-11-131, the trial court properly dismissed the charge. - O.C.G.A. 852, 350 S.E.2d 835 (1986); Marshall v. State, 193 Ga. App. Jones v. State, 350 Ga. App. There was sufficient evidence to support a defendant's burglary conviction as it was within the province of the jury to believe the testimony of the owner of the burglarized home, who was a police officer, and the testimony of a detective, regardless if the owner's trial testimony contradicted a prior written statement. 299, 630 S.E.2d 774 (2006). See OCGA 16-11-131 (b). Brown v. State, 268 Ga. App. Because the evidence showed that the probationer had continuous access to the firearms in the house on the day of a fatal shooting, and that the probationer intended to, and did in fact exercise control over the sons' access to one of the guns in the minutes leading up to the shooting, the trial court properly found that the probationer had constructive possession of the firearm. S08C0978, 2008 Ga. LEXIS 508 (Ga. 2008). White v. State, 312 Ga. App. Warren v. State, 289 Ga. App. 481, 657 S.E.2d 533 (2008), cert. 1980 Op. 3d Art. Chavez v. State, 307 Ga. 804, 837 S.E.2d 766 (2020). I, Para. 15, 443 S.E.2d 662 (1994); Willis v. State, 214 Ga. App. 301, 460 S.E.2d 871 (1995). - In a recitation of felonies in an indictment for violation of O.C.G.A. A person who has been convicted of a felony, but who has been granted relief from the disabilities imposed by the laws of the United States with respect to the acquisition, receipt, transfer, shipment, or possession of firearms by the secretary of the United States Department of the Treasury pursuant to 18 U.S.C. 1976, Art. - Trial court had no obligation to bifurcate a trial for possession of a firearm by a convicted felon from other unrelated charges in the same indictment where defendant made no motion to bifurcate. of - It is the public policy of Georgia that possession of firearms by convicted felons generally presents a threat to the safety of the citizens of the state. 16-11-131(b). Jury was authorized to find that guns found in defendant's automobile were actual working firearms since there was no evidence introduced to refute a police officer's testimony that the guns were pistols. Willie Antonio Bass, 35, of Augusta, is charged with Conspiracy to Possess with Intent to Distribute and To Distribute 500 Grams or More of Cocaine and Possession of a Firearm by a Convicted Felon. Fed. 105, 817 S.E.2d 557 (2018); Barber v. State, 350 Ga. App. 2d 532 (2005). Any person who is on probation as a felony first offender pursuant to Article 3 of Chapter 8 of Title 42, who is on probation and was sentenced for a felony under subsection (a) or (c) of Code Section 16-13-2, 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 year nor more than ten years; provided, however, that upon a second or subsequent conviction, such person shall be imprisoned for not less than five nor more than ten years; provided, further, that if the felony for 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.
