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The Range
Law & Order
Question about a homeowner owning a firearm with a past felon residing in the home...
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<blockquote data-quote="jmoney" data-source="post: 1747725" data-attributes="member: 24661"><p>as always consult an attorney when looking for legal advice</p><p></p><p></p><p></p><p>My undesrtanding if he is prohibited from being in possession of a firearm, constructive possession of a firearm will suffice. Constructive possession (in most jurisdictions) is having the power and intention to exhibit dominion and control over "x".</p><p></p><p>I've read a few cases (not under Oklahoman case law) where a felon was convicted of constructive possession of a firearm for residing in a home where a firearm was present.</p><p></p><p>He knew where it was, and there was nothing barring him from possession of it. A member on another forum brought up the question of whether or not a safe which the felon has no knowledge of the combination, or easy ability to enter would preclude a prosecutor from obtaining a constructive possession agreement. Unfortunately, I still have not had the time to examine that issue.</p></blockquote><p></p>
[QUOTE="jmoney, post: 1747725, member: 24661"] as always consult an attorney when looking for legal advice My undesrtanding if he is prohibited from being in possession of a firearm, constructive possession of a firearm will suffice. Constructive possession (in most jurisdictions) is having the power and intention to exhibit dominion and control over "x". I've read a few cases (not under Oklahoman case law) where a felon was convicted of constructive possession of a firearm for residing in a home where a firearm was present. He knew where it was, and there was nothing barring him from possession of it. A member on another forum brought up the question of whether or not a safe which the felon has no knowledge of the combination, or easy ability to enter would preclude a prosecutor from obtaining a constructive possession agreement. Unfortunately, I still have not had the time to examine that issue. [/QUOTE]
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