I'm not here to prove your claims. I am here for a little while longer to prove my claims. If you want my opinion as to possession let's finish proving you are wrong. That it isn't enough to have a fingerprint on a gun to prove possession, no matter what kind of team member you want to say you were on when some felon ended up in prison.
Like you? We've done this already. I prove my posts, you prove yours. You said a fingerprint on a gun is enough and you must know I can prove you wrong, that I have it in my hand like the ace of spades and if you want me to have a chance to play it, you better hurry. It seems gun forums don't have a lot of room for descent. Oh - of course, in my opinion. And I will remind you you were the one who was saying this is not the place for political discussions and I am at this point thinking it must be okay.
I don't entertain such silly notions, that owner a firearm is like selling a contagious disease. Perhaps someone else will play your game?
Warrant, search for -________, etc, upon oath or afirmation, very specific, if it is Drugs, Guns etc.... There is no Blanket warrant. If the exact conditions of the search warrant are adhered to, and not excluded, in prelims, such constitutes "posession" according to NYS Law.
The state of Wisconsin has a different take on the matter than yourself. Simply being in the same area as a firearm is enough to constitute possession. http://www.madisonattorney.com/WI-felony/felon-possession-firearm-lawyer.htm The definition of possession in the criminal charge of felon in possession of a firearm in Wisconsin can be a tricky one. It includes the obvious situation of knowingly having actual physical control of a firearm, like holding it in your hand. This is called actual possession. You may also be convicted of possessing a firearm, however, if the state proves constructive possession. In Wisconsin, a person constructively possesses a firearm if the firearm is in an area over which the person had control and the person intends to exercise control over the firearm. This can be established without even proving that you touched the gun. Because constructive possession is enough to prove felon in possession under Wisconsin law, it is important for anyone with a felony conviction to stay away from any situation where he or she may exercise control over a firearm. If you are in room or a vehicle with a gun accessible to you, the state is half way to proving possession of that gun.
It is your opinion that if cops search a room of a convicted felon looking for drugs, if they find a loaded firearm during the search for illegal drugs, he, the previously convicted felon, cannot be charged with the possession of the firearm. That is your opinion. Got it. I am playing another hand right now.
Gosh, you are a little late. I already said that possession was more than touching. Already. Before you. That one doesn't have to touch a firearm to possess it. Look up a couple messages. But we aren't playing that. It is another straw man. You are trying to prove a fingerprint is enough to prove possession and I am patiently holding the ace of spades. Are you done?
Forgive me for quoting myself but here you go. Possession of a firearm isn't about touching a firearm. You did not ask me to expound on it or I would have. I am the one would will be held responsible for the increase of traffic here no matter how many people respond. You said that a fingerprint is enough and I said it wasn't. I am waiting for you to lay down your cards and you want to see mine you should not doddle.
My opinion is worthless, so I will give you an example, as an U.C. an LE agent ( Detective ) I make a few buys at a Drug location, I observe Drugs, Guns, stolen stuff. I go find a Judge, and obtain a search warrant for that specific address, name the exact - what, where, how, specifics, people, obervations, etc..... and serve the warrant with the team as well as ESU maybe FBI etc.... All such evidence admissible and not excluded, in Discovery, Pretrial motions, will be counted as evidence in the actual trial.
According to Cliff Gilley, J.D. Criminal Law & Intellectual Property Law, Seattle University School of Law (2000) As I said: I'm playing another hand. If I had more time and more rope I would suggest during your search of search for -________, etc, the cops found a body of your exlover with a knife in his back, do you think their hands would be tied? that they could not take what they uncovered... in plain sight in the middle of the living room... into evidence?
There should be a firearms discussion section on this board so that people who own firearms can have discussions about them, give or get advice about them, tips, etc without being constantly annoyed by the little ninnies.
Yeah, I suppose some people can refer to other people as little ninnies and others can't. All animals are equal, but some animals are more equal . . . This isn't my sandbox, they can do as they please but if someone wanted a thread where technical issue are discussed they should make a techincal area where techincal issues could be discussed. Maybe call it. . . Technical forum? For example I have a lawn tractor, a Husky. I think it is better than a John Deere of equal displacement but not all John Deeres are really John Deerse they are Yardmans with a green paint job. But I can see if the moderator of the garden tractor thread owned a John Deere my term there would be limited. But I day not continue, I am only responding to your post. " z- i- p" (key falls to the floor)
As a Police Detective all evidence is presumtively identified and tagged - X- and laboratory analyisis etc.. and presented during Discovery.
the fact is-and it appears I am the only one on this board who has served as a DOJ litigator who has been part of trial teams prosecuting felons in possession. A felon knowingly and willingly holding a firearm is in violation of 18 USC 922
This is why someone like you, Inspires, Chodes, educates and instructs the Detectives ! Very important so you do not have Fruit of the poisonous (Fig) tree !! Famous saying; Chief of D's: your a Detective, go forth and Detect !!!!
I don't always have to cards in a room full of mirrors. And I can hold my own in a room full of clowns if I get to play my cards.
Trying to get MY thread back on track. I suggested a Firearms discussion area so the many gun owners on this board can discuss gun issues without having BM diversion infecting threads. I get the fact that there are posters here who pretend legal gun ownership is somehow a public safety problem as they try to slake their hatred of the NRA's political power and the voting patterns of serious gun owners.