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What constitutes "possession?"

Discussion in 'Off Topic Threads' started by Hawk46, Apr 4, 2011.

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  1. Hawk46

    Hawk46 TS Member

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    A few years ago we were taking target practice with several weapons in Colorado.

    One shooter had a full-auto M-16A1 that some of us took turns shooting. The owner was under the impression that just holding and shooting the gun might constitute "possession" and be illegal and against the law for anyone but him.

    I felt that just shooting the gun at a target range in the presence of the owner would probably not be illegal but I didn't know.

    Does anyone know?

    Dave
     
  2. g7777777

    g7777777 TS Supporters TS Supporters

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    What constitutes

    You are asking several questions- See an attorney in your exact jurisdiction if you are worried about being "legal"

    Generally however consider the worst case scenario- if it may be retrieved by you it is in your possession.

    Holding it is pretty black and white.

    Riding in a vehicle with a gun that isnt yours? Many courts have defined that as in possession.

    Again- use the worst case scenario and then just think of the impact upon you.

    Sometimes just having ammunition means in possession of a weapon- an example- a 22 caliber bullet is found in a crack of a floorboard of a rented house of a two time felon ( I think one felony was kissing an underage girl when he was over 18 and another one involved some young kid type stuff) --- he is essentially in jail for life now.

    Regards from Iowa

    Gene

    PS- if this question is related to you or a relative of yours- it is probably not good to ask it on the internet. The question itself can be evidence.

    PPS - if you are asking may someone shoot your fully automatic weapon that you are licensed for? Dont know- see an attorney in your jurisdiction and contact the US Attorney's office in your jurisdiction also.

    If a US attorney gave you an opinion on this- they are not bound by that opinion btw
     
  3. TOOLMAKER 251

    TOOLMAKER 251 Active Member

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    What constitutes

    There are ranges that rent class iii weapons for firing on site, also there are outdoor events where you can pay to cook off a can of ammo. You remember the one where the child was killed when the fathered allowed him to shoot a uzi? the muzzle climbed until it hit him in the face.
     
  4. jaeger18

    jaeger18 Member

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    What constitutes

    The guy who owned the M16 is wrong. The owner can allow others to shoot a NFA firearm as long as he is present. The only way that I can see that possession would be an issue, is if the person firing or holding the weapon was prohibited by law from gun ownership. If a felon walks into a shooting range and rents a firearms for an hour he can be arrested for illegal possession of a firearm.
     
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  5. 870

    870 Well-Known Member

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    What constitutes

    As Gene already pointed out, be careful of your State and local laws, that is what matters in the end.

    Here is an example of how crazy this can get: in NY, it would be illegal for me to hold a handgun at the range if I didn't have a permit, even with the owner standing next to me. If I was at least 14 and not over 21, I could hold the handgun without a permit (again, at a range with the licensed owner). This is just summary, but gets the point across.
     
  6. Quack Shot

    Quack Shot Active Member

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    What constitutes

    It thought it was when your head started spinning around and puking pea green soup at the same time.
     
  7. bigdave35180

    bigdave35180 TS Member

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    What constitutes

    Just shoot it till you run out of ammo and go home.....
     
  8. 3357

    3357 Member

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    What constitutes

    Immediate custody and control.
     
  9. Leo

    Leo Well-Known Member

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    What constitutes

    When I was a civilian small arms trainer for the ROTC, it was illegal for me to transport M-16's on public streets from the armory to the practice range, but I was lawful to handle the weapons on the range and train the cadets. Transportation had to be perfomed by a full time enlisted serviceman. The supervision of this was under a commissioned officer.
     
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