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law questions about possessing guns

Discussion in 'Legal' started by Harvster, Aug 2, 2008.

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  1. Harvster

    Harvster Member

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    I read the news story linked below and had some questions. The jist of it is an 18YO boy living at home was found to have various guns and other items. Father was charged with giving him guns that he could not legally possess etc.

    But, if I own a house and I buy a pistol, can I store it in any room of the house I want to? Does a gun being in your closet constitute possession if you don't own or rent the property?




    http://www.washingtonpost.com/wp-dy...7/30/AR2008073002181.html?nav=rss_metro/crime
     
  2. Treo

    Treo member

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    A gun being in your minor child's closet , contitutes is being under their control not your's
     
  3. halfbreed808

    halfbreed808 Member

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    Were the guns in a safe? If they were locked up or otherwise secured, but in the sons room it should not be seen as being in the sons possession. It's his house and all rooms belong to him as the owner. He has the right to store whatever is his, in any room he chooses.
     
  4. halfbreed808

    halfbreed808 Member

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    If they were not secured in any way then they could be seen in the possession of the child.
     
  5. Aguila Blanca

    Aguila Blanca Member

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    Only on the dubious basis of what the BATFE likes to call "constructive possession." Parents are responsible for the actions of their minor children, so why is it a stretch to accept that parents are also responsible for what their minor children have in their closets? I know when I was a minor child my parents (my father, in particular) were prone to rifle my desk and bureau drawers looking for evidence that I might be smoking (against their orders, even though both were heavy smokers). It got to be a mind game -- which I won. I had plenty of places to stash the tobacco products, and I'd just "salt" my desk drawers with stuff I was pretty certain would irritate my father but which he couldn't really complain about, (a) because it wasn't against any of their rules, and (b) because he had already lied and promised he wasn't searching my drawers any more, so if he admitted he found the "stuff" he would be admitting that he had lied.

    I don't think a parent should be charged in a case like this.
     
  6. DMF

    DMF Member

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    :rolleyes:

    1st, Constructive Possession is not a concept developed by, or exclusive to ATF. It's been around since before this country even formed, it was certainly around in our legal system long before ATF was around.

    2nd, I have posted DETAILED explanations of constructive possession before. This is not "dubious" in the least, it's legitimate and is basically common sense.

    If you need a detailed explanation of constructive possession, feel free to follow these links to earlier explanations:

    http://thehighroad.org/showthread.php?p=4261086&highlight=constructive+possession#post4261086

    http://thehighroad.org/showthread.php?p=3992720&highlight=constructive#post3992720

    http://thehighroad.org/showthread.php?p=3041826&highlight=Constructive#post3041826

    The first two links provide easily understood examples of constructive possession. The last one contains citation of a good definition from federal caselaw, and the definition from Black's Law dictionary.
     
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