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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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texaslawhopefully
22:30
@KnowledgeableRitzyWasp: That all sounds great. It sounds like it has fairly diverse cuisine for a smaller city
yeah there are so many good cuisines in ithaca
renard99
22:31
@lilypadfrog: that’s a pity I’da be liking them all
texaslawhopefully
22:31
Only food I’m going to miss for sure if I leave Texas is texmex
22:31
waspy hasnt had thai food in ithaca yet. ithaca thai is so good
^^^^ truuuuuu
22:32
there are two major thai places and they have very similar names bc a divorced husband and wife own them lol
22:32
personally i think taste of thai is better than taste of thai express but thats just me
i had pho tho and it was really good and huge portions
texaslawhopefully
22:32
Glad they have good Thai food, I love Thai food! Can’t wait to visit :)
22:33
when tex goes to ithaca i want to come
Dkk
22:34
Crying Tiger, best Thai dish.
damn im so hungry all i had today was a curry tonkatsu and buldak
and it was a lil baby noodle cup
vvv hungry
22:36
curry tonkatsu so yummeh
22:36
whats even open rn? pizza?
CTB is it i think
22:37
is collegetown pizza not open
22:37
i used to get a slice from there or wings over at like 1am after my shift at the restaurant
Dkk
22:48
Ross Ulbricht free. God Bless Trump. Huge win.
JeremyFragrance
22:54
agreed
texaslawhopefully
22:55
This is an interesting read: https://thedispatch.com/article/birthright-citizenship-trump-implications/
Dkk
23:01
I mean, idk how it's possible to end birth right citizenship without amending the constitution because to me the 14th amendment is pretty clear about it.
ross ulbricht tried to hire a hitman to kill 5 people
i am not that sympathetic to him
Dkk
23:04
@KnowledgeableRitzyWasp: That might have been an FBI agent. It was most likely him and he was most likely doing it to retrieve stolen funds that corrupt FBI agents stole, but yeah moral gray area but me personally, cool with hitmen. It's not like it is uncommon to hire hitmen. I don't think the action itself is necessarily wrong but the intent behind it can be.
Dkk
23:05
Like, Boeing whistblowers being killed by hitmen = wrong but a guy hiring hitmen to retrieve stolen funds = good to me.
texaslawhopefully
23:05
@Dkk: Yeah, for sure. My guess is it'll go to SCOTUS and it'll be 8-1 or 7-2, saying that EO was unconstitutional.
Dkk
23:06
Indeed. I need a count for how many exectuive orders he has signed and how many already have pending lawsuits.
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