A conversation today reminded me of something I picked up while taking my CCL class.
The attorney teaching the legalities of CCW was going over the part of the Kansas law which states that your license must be "On your person" while you are carrying. To point out the difference between that and "In your possession" he told us about a personal experience.
He was out pheasant hunting by himself and had just walked a long fence line when a state fish and game officer pulled up. They exchanged pleasantries then the warden asked to see his hunting license.
The conversation then went something like this:
"I need to see your hunting license".
"It's in my truck down the road there, give me a lift and I'll show it to you."
"The license must be in your possession."
"It is in my possession, it' in my truck."
"If it's in your truck then it's not in your possession."
"The law says it must be in my possession, not on my person."
"Nope, you have to have it on you to be in your possession."
"What if you saw a pound of dope in my truck, even though I wasn't there, you would arrest me for possession wouldn't you?"
"Yes sir".
"So, then, if my license is in my truck it's in my possession."
"It's not the same thing. If you 'Possess' it, you have to be able to show it to me."
"Do you possess a house?"
"Of course.
"Then show it to me."
The officer gave him a ride to his pickup, checked his license and went on his way.
The attorney teaching the legalities of CCW was going over the part of the Kansas law which states that your license must be "On your person" while you are carrying. To point out the difference between that and "In your possession" he told us about a personal experience.
He was out pheasant hunting by himself and had just walked a long fence line when a state fish and game officer pulled up. They exchanged pleasantries then the warden asked to see his hunting license.
The conversation then went something like this:
"I need to see your hunting license".
"It's in my truck down the road there, give me a lift and I'll show it to you."
"The license must be in your possession."
"It is in my possession, it' in my truck."
"If it's in your truck then it's not in your possession."
"The law says it must be in my possession, not on my person."
"Nope, you have to have it on you to be in your possession."
"What if you saw a pound of dope in my truck, even though I wasn't there, you would arrest me for possession wouldn't you?"
"Yes sir".
"So, then, if my license is in my truck it's in my possession."
"It's not the same thing. If you 'Possess' it, you have to be able to show it to me."
"Do you possess a house?"
"Of course.
"Then show it to me."
The officer gave him a ride to his pickup, checked his license and went on his way.