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Police constructively posses firearms. Hunters, or sportsmen that enjoy shooting are also carrying constructively. Legal uses of guns are able to be carried constructively. ADDED: The initial answer is not exactly correct; In the law "constructive possession" means being close enough, or in near enough proximity to something, to be able to easily control it or have access to it. You don't have to ACTUALLY have it ON your person, just close enough or handy enough to it.
Wiki User
∙ 14y ago
Wiki User
∙ 12y agoIn US, constructive possession of a gun is possession of all of the parts of a gun, even if they are not put together.
For instance, it is not illegal to own machine gun parts. It is also not illegal to own semi-auto AR15 rifles. It is illegal to own full auto AR15 rifles that are not registered. Having a semi-auto AR15 and the parts necessary to convert it to full-auto would be the same in eyes of the law as having the actual unregistered full-auto gun.
Wiki User
∙ 14y agoConstructive possession of a thing generally requires knowledge of the presence and character of the thing coupled with some form of intent and ability to exercise dominion and/or control over the thing, but these elements differ depending on the jurisdiction. Be sure to consult a lawyer in that jurisdiction.
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How do you possess a firearm in the state of Michigan?
By two means: Physical possession - you actually have the weapon in your hand or on your person. And - constructive possession - although the firearm is not on your person, you KNOW it is nearby and you could have access to it and exercise control over it very quickly and/or easily.
What is possion of a firearm?
Is it possible that you mean possession of a firearm? In general, possession means having control over an item. If you hold the item in your hand, or place it in your dresser drawer, you have actual possession of the item. If I have the keys to the lock on a gun safe, I have CONSTRUCTIVE possession of all guns in that safe- I may not be holding the guns, but I control them.
If your wife has a firearm in the house are you in possession?
It depends. There is something called "constructive possession" that most people don't understand the concept of. Constructive possession basically means that you have access to and intent to control the firearm. So as I said, it depends. You could be charged with possession.Added: YES, you would be considered to be 'in possession' of it, if you had access to it.
What does possession of a firearm mean What do you have to do to have possession?
In oder to be in possession it has to be on you or in your sorroundings.
Can I be charged as a felon in possession of a firearm if it is purchased and owned by my wife in our home?
No. A felon cannot live in the same house as a firearm. One of them has to go, or both of you may be prosecuted. Actually, that is not exactly correct. A felon cannot have access to a firearm (or more specifically, cannot have constructive possession). Constructive possession is loosely defined, based on several state and federal court cases, as having access and intent to possess an item, in this case, a firearm. So, if a felon lives with a non felon, the non felon can own and possess a firearm as long as the felon does not have access to it. This basically means that the non felon would have to keep the gun locked up at any times he or she does not have personal control over the gun.
Can you be aressted if a firearm is stolen?
If you're found to be in possession of a stolen firearm, expect to be taken into custody. If their investigation determines that you were knowingly in possession of a stolen firearm, then you'll be charged.
Can a convicted felon live with someone that has gun in a safe and they have no access to the weapons?
Most likely YES. As with all such legal questions an experienced Criminal Attorney should be consulted first; even the local District Attorney office could offer a judgment. Generally, except for felony convictions in foreign countries, US felons are prohibited from possessing firearms. The extent of possession is the big question:[excerpt] The crime of possession of a firearm by a felon has two elements-a prior domestic felony conviction and possession of a firearm. The statutes "makes no reference to intent and … a prosecutor is only required to show that the felon 'possessed' the firearm with knowledge that it was a firearm." Possession "'means that the defendant knowingly had actual physical control of a firearm.'" The standard jury instruction addressing "Possession" further explains that "an item is ... in a person's possession if it is in an area over which the person has control and the person intends to exercise control over the item." Possession "may be imputed when the [firearm] is found in a place immediately accessible to the accused and subject to his exclusive or joint dominion and control, provided that the accused has knowledge of the presence of the [firearm]." So proceed carefully.Another View: Short answer: No, you cannot. You would be in what the law refers to as "constructive possession" of the weapon and subject to arrest and prosecution.
Do you need a license for possession of a firearm?
depends.. =]
Why did ghetts go to prison?
possession of a firearm
Possession of a handgun used by a serious felon?
You didn't really ask a question, but here is some information: Generally speaking, no felon may own, posses, or have constructive possession of a handgun or other firearm, regardless of whether is was a "serious" felony. HOWEVER, There are exceptions to that. In a few states, felons can petition to have their rights restored - but it is only valid in THAT particular state. In that case, the felon CAN own or posses a firearm.
What does etc possession of a firearm mean in California?
Possession generally means connected to the person, or under their immediate control. If I have a firearm in a backpack, I am not touching it, but it is under my control.
Can you live with your boyfriend who owns a firearm if there is a restraining order against you?
As long as your boyfriend has a licence to keep a firearm, everything should be fine. But, I would make sure it is securely locked away, especially if there are children in the house as well.ANOTHER VIEW: If the provisions of your court order forbid you from "possessing" firearms, NO. Even being in the same vicinity as a firearm places you in what is known in the law as "constructive possession" of that firearm, which could place you in violation.
