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Simple English definitions for legal terms

felon in possession

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A quick definition of felon in possession:

Felon in possession: A law that says people who have been convicted of a serious crime cannot have a gun. This law applies if the gun was transported across state lines or affected commerce in some way. To be guilty of this crime, the person must have known they had the gun and must have been convicted of a crime before. The government doesn't have to prove that the person actually had the gun, just that they had control over it. For example, if the gun was found in their house or car.

A more thorough explanation:

Felon in possession is a federal crime that makes it illegal for someone who has been convicted of a felony to possess a firearm. This law is found in Title 18, Section 922(g) of the U.S. Code.

To be charged with felon in possession, three things must be proven:

  1. The person knowingly possessed a firearm or ammunition
  2. The person has a previous felony conviction
  3. The firearm traveled in or affected interstate commerce

It's important to note that the government doesn't have to prove that the person actually had the firearm on them. They can prove "constructive possession," which means that the person had control over the firearm or knew about it.

For example, in the case of U.S. v. Davis, the defendant was found guilty of felon in possession because the government proved that he was the head of the household where the firearm was found, that the firearm was found in a Crown Royal bag (which the defendant had a separate bag tied to his pants), and that jail calls showed the defendant encouraged his son to lie about the firearm being his to the jury.

Another example could be if a person who has been convicted of a felony is found to have a firearm in their car during a traffic stop. Even if the firearm isn't on their person, they could still be charged with felon in possession because they had control over the firearm.

felon | felonious

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15:43
woah so much swagger with dat 'm;
Dkk
15:47
@shaquilleoatmeal: more like, blow my back out by the bay boston instead of back bay boston.
Dkk
15:48
Indeed, the legendary man himself.
15:49
I would go to blow my back out by the bay boston
15:50
lift with ur back not your legs, its better to have a blown back than two bad legs
CynicalOops
15:53
Blow and back day out by boston bay
15:59
so true
Dkk
16:03
Of course. Man sad Ricky Henderson died. That was my favorite athlete of all time.
windyMagician
16:10
is it dumb that I rlly want to go to Mich even tho I have a full ride to umn
16:12
no-value as a consumer often means more than the price
Dkk
16:15
@windyMagician: Nah michigan is better than UMN
Dkk
16:15
My sister just officially graduated, yay!
16:16
awesome @Dkks sister
16:16
prolly named veronica or sarah
windyMagician
16:16
@Dkk: for public defense tho?
windyMagician
16:16
Sarah in the bathroom
texaslawhopefully
16:17
@windyMagician: not at all. Michigan is also very generous with aid, so if you get enough it makes perfect sense to take it.
windyMagician
16:17
fuck okay
windyMagician
16:17
going to my dream school is crazy
michigan also has better options if you do PD for 10 years then want to do something else
windyMagician
16:19
also would love to clerk for my federal district court even tho I know its hella competitive, I think mich sets me up better?
16:20
would be a great point to bring up when ur deciding / visiting each place- see what recent placement looks like
texaslawhopefully
16:23
For fed clerkships by far Michigan places better. I think it’s like 14-15 percent
windyMagician
16:25
sticker debt is high-key scary tho
texaslawhopefully
16:26
I’m sure you’ll get good merit aid though. Look at Michigan’s 509 report. They’re very generous.
16:34
i am going to wait patiently into january to get into a law school
16:34
then i will start tweaking
texaslawhopefully
16:42
January could not come any sooner
16:54
i hope you guys all have a very lovely holiday season
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