Tuesday, July 13, 2010

Constructive Possession?

[Y]ou would think that the Police Superintendent, a former FBI Special Agent, should know a little bit about Federal law. [More]
Discussion? Under what circumstances can the spouse or relative of a felon have a gun in the same house?

I remembered reading something about G. Gordon Liddy saying his wife had a nice collection and found an old discussion...

4 comments:

Defender said...

Go ahead, Chicago, keep poking the badger.

Anonymous said...

I perceive in the not too distant future that citizens will slightly alter "constructive possession" to "destructive possession", with the intention of destroying those who continue to abuse the peaceable, whom by the actions of the authorities were converted to the warlike.

We, as a society, are seeing the precursors to just such a conversion now. Respect is gone, trust is gone, and fear has become too pervasive and constant to be much longer endured without reaction.

Anonymous said...

So in ChiTown my porch, garage, and other outbuildings inside my property line are not my domicile and I am barred possession and use of personal weapons? Sounds like my property has been declared city property and taken without compensation.

Can I swear out a mental health warrant for Daley and butt boy Weiss?

W W Woodward said...

And, if the people of Chicago follow Supt. Weis' advice and end up looking at charges of federal firearms violations their pleas of, "But, he said it was okay!" will carry absolutely no weight in federal court.

In one respect, Weis is correct in that the federal law does not restrict a spouse or relative of a felon from buying a gun. The law merely forbids the felon from being in the same house where the gun is kept. Unless of course, the felon lives in a community property state. In that event, the spouse may possess a firearm only if she divorces the felon prior to purchasing the weapon.

There’s actually a charge that may be filed against the spouse of a felon if the spouse possesses a firearm in the felon’s presence. The threat of filing the charge against the spouse will usually coerce the felon into accepting the federal prosecutor’s plea-bargain in order to keep the spouse out of prison.

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