First off, I am not sure if this is the right area but I have a small question.
Me and my family were talking about CCW the other day and the question of “Constructive Possession” came up.
And it had me thinking. If for some reason, this is just for example.
Say if I am riding with and walk with someone on probation for a non violent crime who isnt suppose to be in possession of firearms.
If I am carrying with my CCW, will that person get in trouble for being around someone who is carrying concealed?
Cuz my dad asked about a scenario like that and I didnt know how to reply to that.
I always like discussing law. I took law when I was in school and a smal LEO class. Cuz my career of choice was LEO.
So I like to be up to date on the current laws/terms.
Thanks in advance!
That would not be constructive possession. The prohibited person must have ACCESS to the firearm for it to be CP.
I want to say there was a case where girlfriend of a felon owned a rifle that she kept locked up in her shared apartment with said felon and the Feds said it was “Constructive Possession” but I’m pretty sure it was tossed. I’m sure @MikeBKY knows it by heart.
I would A$$uMe that if you were CCW with a convicted offender of what ever flavor that can’t own guns you would be fine as long as the CCW remained on your person in your possession. Now if you took it off to say go in the Post Office and left it there then that would be. Being in close proximity does not make it possession any more than bumping into a felon in Wally World. There may be some words to be spoken about your knowledge of his/her/it’s prohibited condition but that is way over my head.
@Craig6, I have also read of a case several years ago where a felon used his girlfriend’s handgun during a home invasion and was found not guilty due to his right to self defense was considered above his “revoked” RKBA. Sometimes one finds a good judge. Until the 1938 FFA, felons still had all of their rights, just as every other human does.
In Texas as long as the felon completes his/her time they can own a gun I believe.
Many, if not all states, have a means for non-violent felons to have their rights restored. The issue is having your inalienable rights “legally” revoked to begin with. As stated, prior to the 1938 FFA, that did not occur.
The other person should be ok because your in possession of the firearm. Now say you’re in the car together, and the gun is in your glove box. If you leave the car with the gun in the glove box and your friend is still in the car, the way I understand the law, he could be in trouble because you’re not in the vehicle.
I am not a lawyer nor a representative of the law, therefore this is all opinion.
Federal and Kentucky law, both recognize constructive possession A person has constructive possession of a firearm if they have access to the firearm. It is not constructive possession for one person to possess a weapon on their person that the felon does not have access. Presumably, if you are carrying a firearm, you will prevent others from taking it from you.
The problem arises when someone is not in physical possession of the firearm. If it is left in a drawer, under the bed, between the mattress and box spring or on a shelf, it is accessible and all in the unit will be in constructive possession.
When not possessed by a person, it must be stored in a manner that prevents access by the felon, like a safe with a combination or lock so the felon cannot open it.
Thank you everyone for you replies. I learned quite a lot. I appreciate it!