7 Comments

  1. Ignoring for a moment the fact that he got a CCW and is actually possessing firearms in violation of the law: how is it a problem if he’s _not_ actually in possession of any firearms? The law does not prohibit a felon from being in a situation where he _could_ obtain a firearm, or from being in the proximity of firearms, it only prohibits actual possession. Right?

    I’m not defending the guy, I’m objecting to broadening the interpretations and enforcement of laws as a general principle.

    1. Felon in possession has been defined by constructive possession such as having unrestricted access to firearms.

      1. Hrm. I see broadening of the law in that constructive possession idea. If “constructive possession” is valid, then the law should be amended to prohibit “possession or unfettered access to”.

        18USC922(g) states (quoting, mostly): It shall be unlawful for {felons, etc.} 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.

        I like the “in or affecting commerce” bit. So this _federal_ law wouldn’t affect a felon possessing a firearm that had never been sold across state lines, if he wasn’t engaged in interstate commerce and if the law of the state in which he resided didn’t have similar restrictions.

  2. Well, in that picture he’s holding 2 firearms..that’s technically ‘possession’ right there.

  3. For the same reason one individual in this case (https://www.apostille.us/news/russian_arms_dealer_tied_to_wilkesbarre__firm_sells_restricted_items_to_bout_banned_from_us_trading.shtml) has been convicted of a felony (not from this case, for which he has never been taken to court (his brother was taken to court and has since pled guilty) but from a separate case involving illegal gambling)…was caught engaging in the same activity he was convicted of while still free and waiting for sentencing and yet incurred no further charges…did work release at the gun store while serving his felony sentence…violated the terms of his work release three times…still was released from prison after serving the minimum sentence…continues to this day to work in a gun store as a convicted felon…is out drinking in public nearly every night despite being on probation…was recently in a bar while probation officers arrested another individual for being there and was ignored. Do you really want the whole list of abuses? I could double or triple the list on this guy. Goodly sums of cash applied judiciously can cure all sorts of ills it seems…

  4. Maybe ATF was still hard at work making sure old Olympic Arms AR Owners can be prosecuted or worrying much about the full auto AK 47s that can be bought at any gun shop in Miami for around $200.

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