Wasn't it G Gordon Liddy who said that his wife had a fine collection of firearms?
As stated before when this nonsense gets posted:
Liddy is a blowhard idiot who says things his audience WANTS to hear, regardless of whether or not they have any attachment to reality/truth. His comments about firearms, his wife, and his access to them are a primary example of his nonsense.
Federal law prohibits the POSSESSION of firearms and ammunition by persons convicted of crimes punishable by more than a year in prison. Possession, not ownernship, and that includes constructive possession.
If Liddy claims about having access to his wife's gun are true despite being a prohibited person under federal law, then he has violated 18USC922(g)(1), because he constructively possesses those firearms.
A little lesson in the reality of constructive possession:
Black's Law definition of constructive is;
"That which is established by the mind of the law in its act of construing facts, conduct, circumstances, or instruments. That which has not the character assigned to it in its own essential nature, but acquires such character in consequence of the way in which it is regarded by a rule or policy of law; hence, inferred, implied, or made out by legal interpretation; the word "legal" being sometimes used here in lieu of "constructive.""
Which leads you to Black's Law definition of constructive possession;
"A person has constructive possession of property if he has power to control and intent to control such an item." Com. v. Stephens, 231 Pa.Super.481, 331 A.2d 719, 723. "Being in a position to exercise control over a thing." US v. DiNovo, C.A.Ind., 523 F.2d 197, 201.
If you would like a real world example of a felon in possession case where the defendant was found to be in constructive possession of a firearm, read the 7th Circuit decision in US v. Gill (1995). You can find it on findlaw.com
The definition of constructive possession from an earlier 7th Circuit court decision (US v. Garrett, 1990) is;
". . . a person does not have actual possession but instead knowingly has the power and the intention at a given time to exercise dominion and control over an object, either directly or through others."
As I have said before on this forum:
If this is more than mere idle curiosity, my advice is that you contact a competent attorney who is familiar with both federal and state firearms laws. If this is anything other than a hypothetical it's too important a question to be left to the internet pundits, including me.
I'd hate to see someone get themselves in hot water because they got bad advice on the internet.
