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In regards to determining if a firearm is loaded, some states with strict gun control laws apply the concept of constructive possession in establishing that one has a loaded firearm if the individual has both the firearm and its ammunition in their possession or readily accessible, regardless of whether or not a live round is in the firing ...
Henderson v. United States, 575 U.S. 622 (2015), was a United States Supreme Court case in which the Court held a court-ordered transfer of a felon's lawfully owned firearms from government custody to a third party is not barred by §922(g) if the court is satisfied that the recipient will not give the felon control over the firearms, so that he could either use them or direct their use.
It held that "one uses a gun, i.e., avails oneself of a gun, and therefore violates [§ 924(c)(1)], whenever one puts or keeps the gun in a particular place from which one (or one's agent) can gain access to it if and when needed to facilitate a drug crime." Because in both Bailey's and Robinson's cases the gun was sufficiently accessible and ...
A Cabot man was sentenced to more than 16 years in federal prison for being a felon in possession of a firearm.
Mar. 6—VALDOSTA — A Valdosta resident, who is an armed career criminal, was sentenced to serve more than 15 years in prison after state and federal agents arrested him in possession of two ...
Polozola further stipulated that Seal could not carry a gun or hire armed bodyguards as this would be possession or constructive possession of a firearm by a convicted felon - both federal felonies. Seal's attorney, Lewis Unglesby, told Polozola his ruling amounted to a death sentence for his client. However, Seal refused witness protection.
To counter defense claims that the inert grenades were legal curios or ornaments and not live weapons, the judge cited a prior case as establishing that possession of a glass bottle, flammable liquid and cloth in the same place at the same time was constructive possession of a molotov cocktail and prosecution did not require an assembled ...
Sep. 12—ATHENS — A convicted felon with a violent criminal history was sentenced to federal prison after admitting he was in illegal possession of a stolen firearm in a Project Safe ...