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Visiting a convicted felon while armed

skidmark

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A felon could ride around in a vehcle all day with a non-felon was wearing a handgun in a holster. Constructive possession requires that the felon have unrestricted/unimpeded access to the firearm If the felon attempted to grab the handgun the owner/wearer would resist, thus demonstrating that access was restricted/impeded.

Using the already suggested scenarios I guess I have been in constructive possession of all that money in my bank because there was a possibility I could have physically gotten hold of it even though I never jumped across the counter between me and the tellers, or because the tellers all keep their cash drawers locked when not actually taking cash out or putting cash in, or because there is an armed guard who might shoot me if I actually tried. And if I've been in constructive possession of all that money I guess I could have constructivly purchased of all sorts of goodies and toys.

Are parole officers, prosecutors, and judges going to abuse the situation? Heck, yes. Can felons so charged effectively dispute those attempts to abuse the situation? Heck, yes. Case law is full of examples.

The reasons this argument is never going to end is because some folks do not understand the differnce between abusing the law and enforcing the law, some folks do not want to see felons get a break even if it means trampling on the rights of non-felons to make sure that happens, and, among other things, some folks refuse to expend the time, effort and sometimes money necessary to protect their rights.

stay safe.
 

j4l

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fl
Gunslinger,

Thank you very much. You posted opinion and advice from an advocacy organization but not actual law (statute or case). Now I know where you are coming from. And that you are repeating false and misleading information.

Your "affirmative defense" satatement does not match with


But it really does not matter because now I and everyone else understands where you were taking the "statement" from. I do thank you for the effort you took to post the link.

stay safe.
Hey, umm.. genius.. Reading comprehension can take you a long long way..

"18 U.S.C. § 922(g)(9). " <<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<
Or just look it the fck up, before calling BS on everything anyone says just because U didnt say it...
 

Gunslinger

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Free, Colorado, USA
"Constructive possession." I thought I had made that clear, is what a judge decides as a matter of law. Why is that so difficult to comprehend? You cling to the incorrect assumption that statutes spell out every possible scenario. They do not nor could they. Court cases eventually do to a greater degree. And a ruling as to a fact of law may have small resemblance to the original law's wording.
 

1911er

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Port Orchard Wa. /Granite Oklahoma
Prizes

"Constructive possession." I thought I had made that clear, is what a judge decides as a matter of law. Why is that so difficult to comprehend? You cling to the incorrect assumption that statutes spell out every possible scenario. They do not nor could they. Court cases eventually do to a greater degree. And a ruling as to a fact of law may have small resemblance to the original law's wording.


Looks like you need to put the Prize back on shelf 2 IMO.
 

GlockGurl

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Edgemoor, Delaware
Statement de jure on all domestic violence guilty findings in the state of Colorado (in part):

1> Firearms and ammunition: You can never for the rest of your life own, be in possession of, or in the vicinity of any firearm or ammunition 18 U.S.C. § 922(g)(9).
Delaware laws are totally different. I open carry in DE. My boyfriend has a record long before we got together. He has not been in any type of trouble since the original issue. Long story short, before purchasing my 1st firearm, I did some research, spoke to several LEOs and a couple lawyers. As long as he has zero access AND the firearms are locked up and he can not unlock them, I can have them. As I stated earlier, I currently open carry... doing so has saved my life twice!! :monkey
 

Grapeshot

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Delaware laws are totally different. I open carry in DE. My boyfriend has a record long before we got together. He has not been in any type of trouble since the original issue. Long story short, before purchasing my 1st firearm, I did some research, spoke to several LEOs and a couple lawyers. As long as he has zero access AND the firearms are locked up and he can not unlock them, I can have them. As I stated earlier, I currently open carry... doing so has saved my life twice!! :monkey
Welcome to OCDO and kudos to paying attention to details.
 

Fallschirjmäger

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Cumming, Georgia, USA
Delaware laws are totally different. I open carry in DE. My boyfriend has a record long before we got together. He has not been in any type of trouble since the original issue. Long story short, before purchasing my 1st firearm, I did some research, spoke to several LEOs and a couple lawyers. As long as he has zero access AND the firearms are locked up and he can not unlock them, I can have them. As I stated earlier, I currently open carry... doing so has saved my life twice!! :monkey
I'll join Grapeshot in his welcome and again note that "in the vicinity of" is not part of 18 U.S.C. § 922 and "vicinity" is a meaningless term, it could be 2 inches or 20 miles depending on context.
 

color of law

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18 USC 922(g) It shall be unlawful for any person—(9) who has been convicted in any court of a misdemeanor crime of domestic violence, to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
Not knowing what Delaware law says, per the federal law the possession of a ghost gun would be legal.
 

color of law

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Delaware Code Title 11. Crimes and Criminal Procedure § 1448. Possession and purchase of deadly weapons by persons prohibited;  penalties
(a) Except as otherwise provided herein, the following persons are prohibited from purchasing, owning, possessing or controlling a deadly weapon or ammunition for a firearm within the State:
(7) Any person who has been convicted in any court of any misdemeanor crime of domestic violence.  For purposes of this paragraph, the term “misdemeanor crime of domestic violence” means any misdemeanor offense that:

a. Was committed by a member of the victim's family, as “family” is defined in § 901 of Title 10 (regardless, however, of the state of residence of the parties);  by a former spouse of the victim;  by a person who cohabited with the victim at the time of or within 3 years prior to the offense;  by a person with a child in common with the victim;  or by a person with whom the victim had a substantive dating relationship, as defined in § 1041 of Title 10 , at the time of or within 3 years prior to the offense;  and

b. Is an offense as defined under § 601 , § 602 , § 603 , § 611 , § 614 , § 621 , § 625 , § 628A , § 763 , § 765 , § 766 , § 767 , § 781 , § 785 or § 791 of this title, or any similar offense when committed or prosecuted in another jurisdiction;  or

(d) Any person who is a prohibited person solely as the result of a conviction for an offense which is not a felony shall not be prohibited from purchasing, owning, possessing or controlling a deadly weapon or ammunition for a firearm if 5 years have elapsed from the date of conviction.
 

Fallschirjmäger

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Not knowing what Delaware law says, per the federal law the possession of a ghost gun would be legal.
I'm surprised at you. "Ghost gun" indeed;:cuss: that's the same misdirection the liberals are using to label any semiautomatic rifle with cosmetic features an "assault weapon". A "ghost gun" is nothing more than a legally made firearm for personal use that need not bear a serial number or other markings. Let's not let the liberals define things they way they want them to be rather than the way they are.
I'll bet there isn't even a federal nor state definition as to what a "ghost gun" is... since it doesn't exist.
 
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color of law

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I'm surprised at you. "Ghost gun" indeed;:cuss: that's the same misdirection the liberals are using to label any semiautomatic rifle with cosmetic features an "assault weapon". A "ghost gun" is nothing more than a legally made firearm for personal use that need not bear a serial number or other markings. Let's not let the liberals define things they way they want them to be rather than the way they are.
I'll bet there isn't even a federal nor state definition as to what a "ghost gun" is... since it doesn't exist.
I hope you are not on blood pressure medicine. What have I always said? Definition, definition, definition. Federal law says that a firearm that traveled in commerce has to have a serial number. A ghost gun has not traveled in interstate commerce.
 

Fallschirjmäger

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I hope you are not on blood pressure medicine. What have I always said? Definition, definition, definition. Federal law says that a firearm that traveled in commerce has to have a serial number. A ghost gun has not traveled in interstate commerce.
As you say... definition, definition, definition, and there is none.
"... per the federal law the possession of a ghost gun would be legal..." There ain't no such animal as a 'ghost gun' at least according to federal law; it's not a term defined in any federal code. If you disagree, fine, then cite the law that says ghost guns are legal.


Don't let the enemy define terms, they will always do it to their advantage just as they did with "Saturday Night Special", "Assault Pistol", "Assault Weapon" and anything else they were allowed to define.
 
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Grapeshot

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--snipped--
"... per the federal law the possession of a ghost gun would be legal..." There ain't no such animal as a 'ghost gun' at least according to federal law; it's not a term defined in any federal code. If you disagree, fine, then cite the law that says ghost guns are legal.
Laws are generally passed to restrict, not authorize, particular conditions.

The absence of a restriction applying, makes it legal.
 

Fallschirjmäger

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Laws are generally passed to restrict, not authorize, particular conditions.

The absence of a restriction applying, makes it legal.
You're quite right, Grape, I retract and restate.
"Cite the law that defines what a "ghost gun" is. As I said there ain' no such animal.

This "ghost gun" bullcrap is the same sort of firearm that has existed since the founding of this country, but with a new, more scary appellation given to it by the liberals that believe in emotion over substance.
 
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Grapeshot

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You're quite right, Grape, I retract and restate.
"Cite the law that defines what a "ghost gun" is. As I said there ain' no such animal.

This "ghost gun" bullcrap is the same sort of firearm that has existed since the founding of this country, but with a new, more scary appellation given to it by the liberals that believe in emotion over substance.
Ah so, me now happy ah so. :lol:
 

KBCraig

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I hope you are not on blood pressure medicine. What have I always said? Definition, definition, definition. Federal law says that a firearm that traveled in commerce has to have a serial number. A ghost gun has not traveled in interstate commerce.
Definitions, indeed: you posted it above, but failed to read it.

18 USC 922(g) It shall be unlawful for any person—(9) who has been convicted in any court of a misdemeanor crime of domestic violence, to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
If you haven't kept up with the state of jurisprudence since 1942, the federal position, confirmed by SCOTUS, that everything "affects" interstate commerce, and is thus subject to federal control.

If you dig your own ore, process it in your own smelter, and make a gun out of it using absolutely no raw materials or tools that you didn't create from your own land, that means you didn't buy it on the open market, and therefore you "affected" interstate commerce.

It is ridiculous, but it is the current status of "interstate commerce".
 

color of law

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Definitions, indeed: you posted it above, but failed to read it.



If you haven't kept up with the state of jurisprudence since 1942, the federal position, confirmed by SCOTUS, that everything "affects" interstate commerce, and is thus subject to federal control.

If you dig your own ore, process it in your own smelter, and make a gun out of it using absolutely no raw materials or tools that you didn't create from your own land, that means you didn't buy it on the open market, and therefore you "affected" interstate commerce.

It is ridiculous, but it is the current status of "interstate commerce".
I suggest you read United States v. Lopez, 514 U.S. 549 (1995)
The possession of a gun in a local school zone is not an economic activity that might, through repetition elsewhere, have a substantial effect on interstate commerce. The law is a criminal statute that has nothing to do with "commerce" or any sort of economic activity.

It is irreverent that the materials to make the gun traveled in interstate commerce.
 

KBCraig

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I suggest you read United States v. Lopez, 514 U.S. 549 (1995)
The possession of a gun in a local school zone is not an economic activity that might, through repetition elsewhere, have a substantial effect on interstate commerce. The law is a criminal statute that has nothing to do with "commerce" or any sort of economic activity.

It is irreverent that the materials to make the gun traveled in interstate commerce.
I suggest you read Wickard v. Filburn, et seq., and save your irreverence.
 
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