Results 1 to 6 of 6

Thread: What constitutes possession of a firearm?

  1. #1
    Founder's Club Member springfield 1911's Avatar
    Join Date
    Jun 2008
    Location
    Racine, Wisconsin, USA
    Posts
    484

    What constitutes possession of a firearm?

    We all know that to possess a concealed weapon it has to be concealed , It has to be within reach and you have to know it's there.
    Now lets remove concealed weapon , and replace it with felon, It's within reach and you know it's there.
    Does this constitute felon in possession of a firearm? If not why not?
    http://www.youtube.com/watch?v=zJQ34JTqk0I

    In the ashes burns an ember of liberty, We are the fuel to ignite the ember into a flame of liberty.

    The embodiment of our founding fathers will not be found in one man , But in Many.

    ****** give it away ( Our rights ) prostitutes sell it (Mandated training).

  2. #2
    Accomplished Advocate user's Avatar
    Join Date
    Feb 2009
    Location
    Northern Piedmont of Virginia
    Posts
    2,373

    Caveat: I'm not an attorney in Wisconsin

    But the standard language defining "possession" is "subject to the immediate dominion and control". In other words, it doesn't have to be "on" you, but close enough that you could lay hands on it and use it. "Close enough" is a sliding concept, depending on where you are. If you're by yourself, walking around in a shopping mall, it pretty much means "on" you. If you're in the basement of your house, the third-story bedroom might be "close enough". The issue is your ability to exercise "immediate dominion and control", not necessarily proximity.

    There, is that clear as mud?
    Daniel L. Hawes - 540 347 2430 - HTTP://www.VirginiaLegalDefense.com

    By the way, nothing I say on this website as "user" should be taken as either advertising for attorney services or legal advice, merely personal opinion. Everyone having a question regarding the application of law to the facts of their situation should seek the advice of an attorney competent in the subject matter of the issues presented and licensed to practice in the relevant state.

  3. #3
    Campaign Veteran rcawdor57's Avatar
    Join Date
    May 2009
    Location
    Wisconsin, USA
    Posts
    1,643

    Lightbulb I Would Have To Say "Nope"....

    Quote Originally Posted by springfield 1911 View Post
    We all know that to possess a concealed weapon it has to be concealed , It has to be within reach and you have to know it's there.
    Now lets remove concealed weapon , and replace it with felon, It's within reach and you know it's there.
    Does this constitute felon in possession of a firearm? If not why not?
    The felon would have to have "control" or "access" to the firearm. Let's say you have your 1911 on and a felon walks by you. It is still under your control, not his/her control so they are not in possession of it. Same goes for a dwelling, if the felon doesn't have control or access to it then the felon is not in possession. The same goes for the police: If an officer is near a felon is the felon in possession of the firearm? How about the long arm secured in the police vehicle when a felon is within reach of it?

    This same question was asked by a female police officer (one of my neighbors) to the Chief of Police because her husband was a convicted felon. As long as her weapon(s) were on her or secured with no access by her husband her husband was not in possession.

    Link which may help and also discusses how transport of a weapon is NOT "going armed": http://legis.wisconsin.gov/lc/public.../IM2011_10.pdf
    “The Constitution shall never be construed... to prevent the People of the United States who are peaceable citizens from keeping their own arms.” -- Samuel Adams

    “Today, we need a nation of Minutemen. Citizens who are not only prepared to take arms, but citizens who regard the preservation of freedom as the basic purpose of their daily life and who are willing to consciously work and sacrifice for that freedom.”

    —John F. Kennedy

  4. #4
    Regular Member grinner's Avatar
    Join Date
    Jun 2010
    Location
    Pewaukee, WI
    Posts
    101
    Quote directly from the notes of 941.29:

    In this section, to possess means that the defendant knowingly has control of a firearm.

    There is no minimum length of time the firearm must be possessed for a violation to occur. Intention in handling a firearm is irrelevant unless the handling is privileged under s. 939.45. State v. Black, 2001 WI 31, 242 Wis. 2d 126, 624 N.W.2d 363, 99−0230.

    ===

    Now my editorial (non-lawyer) comments. To me, having control of something means being able to readily make the object do something that it otherwise wouldn't do on its own. Do I have control of my TV if I have the remote in my hand? Yes, because I can turn it on/off and change the channel. Do I have control of a gun sitting on a desk next to me? No. Because there's no way I can make it do something that it otherwise wouldn't do without taking some action that gives me actual control of it (such as picking it up). However, can control be indirect? I think so. If a gun is in a backpack, and I have control of the backpack, and I can move the gun around by moving the backpack around, then I would say I have control of the gun via the backpack. So just because you're not touching the gun doesn't mean you don't have control of it. The statute doesn't say touch. It says control.

    You may wish to read the notes in the statute yourself. Just google 941.29 Possession of a Firearm and look in the official PDF.

  5. #5
    Founder's Club Member springfield 1911's Avatar
    Join Date
    Jun 2008
    Location
    Racine, Wisconsin, USA
    Posts
    484
    rcawdor57 The firearm belongs to another person is in the dwelling of common occupancy which gives him access at any given time, It's in a cabnet , No safe .
    http://www.youtube.com/watch?v=zJQ34JTqk0I

    In the ashes burns an ember of liberty, We are the fuel to ignite the ember into a flame of liberty.

    The embodiment of our founding fathers will not be found in one man , But in Many.

    ****** give it away ( Our rights ) prostitutes sell it (Mandated training).

  6. #6
    Regular Member Motofixxer's Avatar
    Join Date
    May 2010
    Location
    Somewhere over the Rainbow
    Posts
    974
    I believe if it's locked up in some way and key is not accessible, it's not considered in possession by a felon, but much of that is grey area. It's also dependent on the PO and the house rules. I know of one felon who has it in his signed house rules that there can be no firearms or alcohol on the premises at all, NONE. He was told by his PO...I can't control what anyone else does on your property...but I can control you. So therefore...if his PO finds out about anything there...instantly back to prison without passing GO.
    Last edited by Motofixxer; 09-12-2011 at 07:17 PM.
    Click Here for New to WI Open Carry Legal References and Informational Videos--- FAQ's http://Tinyurl.com/OpenCarry-WI

    The Armed Badger A WI site dedicated to Concealed Carry in WI

    "To disarm the people... was the best and most effectual way to enslave them." -- George Mason, Speech of June 14, 1788

    http://Tinyurl.com/New-To-Guns to DL useful Info

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •