The Oklahoma Self-Defense Act addresses who is in legal possession of a firearm when two people are together and one has a CCW.
Besides, ask yourself who is in possession of the LEO's firearm while that LEO is transporting a convicted felon, or interviewing a convicted felon, or standing behind a convicted felon in the order line at Burger King.
Besides, ask yourself who is in possession of the LEO's firearm while that LEO is transporting a convicted felon, or interviewing a convicted felon, or standing behind a convicted felon in the order line at Burger King.
However, in a car the felon is considered in possession of the firearm on the CCW'ers person whether he is the driver or passenger.
How so?
Since I don't feel like retyping...
Referenced Jury Instructions:
No person may be convicted of possessing a firearm after conviction of a felony unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
First, knowingly and willfully;
Second, possessing/(having under one's immediate control)/(having in any vehicle one operates)/(having in any vehicle in which one is riding as a passenger)/(having at the place where the defendant resides);
Third, any pistol/(imitation/homemade pistol)/(machine gun)/(sawed-off shotgun/rifle)/(dangerous/deadly firearm);
Fourth, the defendant was convicted of a felony by the [Name of Court] Court of [Name of Jurisdiction] on [Date].
No person may be convicted of possessing a firearm after conviction of a felony unless the State has proved beyond a reasonable doubt each element of the crime First knowingly and willfully
Having a Concealed weapon its your responsibility to keep it Concealed.
"TITLE 21 § 1290.2. Definitions
DEFINITIONS
As used in Sections 1 through 26 of this act:
1. Concealed handgun means a loaded or unloaded pistol carried hidden
from the detection and view of another person either upon or about the
person, in a purse or other container belonging to the person, or in a
vehicle which is operated by the person or in which the person is riding
as a passenger;
so they do not Knowingly and willfully possess a firearm.
I think he is trying to say that the jury instructions (and the underlying statute) indicates that the felon may not be in the vehicle that has a firearm present, regardless of who is in possession or control of the firearm.
Though "knowingly and willfully" would require that the felon was actually aware of a firearm. Of course if a firearm is properly concealed, then there is no knowledge unless someone is specifically told.
Don't go telling others about your CCW, it may get them in trouble. I don't typically ask people if they are felons. Keep the info to yourself.
Depending on your relationship level with the felon, it can be reasonably expected that they knew even if they actually did not.
At that point, the prosecutor's job is to convince the jury of that reasonable expectation.
First the situation and circumstances would need to be right for the officer feel this felon needs to be arrested for a licensee weapon, then I has to go the the D.A for them to decide to press charges. then it has to go to Trial, then the case is handed over to the Jury.
All this to send a felon back to jail for being in the same car as a Concealed weapon holder concealing his weapon, sounds like a lot of "If's"
can you site any legal precedent of this ever happening, I'm sure the Prosecutor will need.
Its not he's riding along in a car with 100 guns in the trunk and a CCW passenger. Even with drugs if one person comes forward they drop charges against the other.
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