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Response to michigandem58 (Original post)

Wed Jan 30, 2013, 07:42 PM

7. correct ruling

I concur that I think the more proper basis would have been a 4th amendment right, and basically on the premise that unless he was actually using the weapon improperly then the fact that it was on his premises does not mean he actually meaningfully possessed it.

Yes, he technically possessed it because all possession means legally is maintaining exclusive control (well you can co-possess something but ignoring that technicality)...and you can possess something by simply having it in your house.

So taken to a further extreme, you couldn't be drunk anywhere, because you still possessed the gun legally, even as you didn't physically wield or carry it while drunk, which is clearly the intent of that statute.

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michigandem58 Jan 2013 OP
Socal31 Jan 2013 #1
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bemildred Jan 2013 #5
LineReply correct ruling
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