imported post
"Police said the photos aren't enough to charge Allen with child endangerment, but they said the girl is safe and Allen, who has a long criminal history, is charged with being a felon in possession of a weapon."
He is a felon, therefore forfeiting his rights to posess a firearm. Thus he goes to jail. This is inarguable. There are a LOT of problems with this case though, especially since the fellow lived with a roommate.
1. Allen was "arrested after putting the gun in her hands and FORCING her to pose for the pictures". I can't see her face, but I would imagine she is smiling, personally. She is likely to be proud to handle a gun like her daddy (and has inherited his poor trigger discipline).
2. He seems very proud of his SKS, but is it his? Was it confiscated at his residence? Was he posing with his buddy's gun? (What are the state's rules on posession of firearms, by felons? Is straight up posession enough if only for a minute, or is it a ban on sales to felons?) I assume the roommate bought it, and that on paper it is his. He can justifiably probably still claim, since they share a residence, that it is in fact his. This obviously does not mitigate that a felon was freaking stupid enough to be photographed with a gun, but it indeed would muddy the waters I would think.
3. Were the pictures of the gun in the girl's hands taken in front of the body? Even if taken on a cell phone camera, she does not have to be pointing it at someone for the pictures to be taken. And the revolver at least is unloaded. Aside from bad trigger discipline, is it that different from the pictures many other proud parents have posted over the years?
4. Were the pictures of the girl with the revolver taken by him, was he even there? Obviously that particular cell phone (stolen) has a tangled ownership history.
All in all, it sounds like a felon is going back to jail, and well-deservedly so. The tone of the article really grates me though, especially the police's dismay that they can't get a child endangerment charge. Where is the mother anyway? Is she staying with her mom now, if the parents were seperated or is she interened with child services?